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Philippine Bar review · Question

Practice question: Deficiency Judgment; Recovery of Deficiency

Multiple Choice Medium

Practice question

The proved debt and proper charges total ₱2,000,000. Net proceeds properly applicable from a valid foreclosure total ₱1,300,000. No additional adjustment is disputed. What balance is potentially recoverable from a personally liable debtor?
  1. ₱700,000.
  2. ₱2,000,000 without deduction.
  3. ₱3,300,000.
  4. ₱1,300,000 as an additional debt.
  5. Nothing solely because every foreclosure extinguishes all debt.

Legal references

  • https://www.lawphil.net/courts/rules/rc_1-71_civil.html — Rules of Court, Rule 68 section 6: deficiency and personal liability.
  • https://lawphil.net/judjuris/juri2023/aug2023/gr_259282_2023.html — Spouses Prieto v BPI, GR 259282, August 30 2023, main opinion: proof of obligation and foreclosure proceeds.
  • https://www.lawphil.net/judjuris/juri2021/apr2021/gr_203194_2021.html — Asset Pool A v Spouses Berris, GR 203194, April 26 2021, main opinion: deficiency after termination of foreclosure; no splitting of cause of action.
  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, article2085: third-party real security.

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