Log In Create Account

Philippine Bar review · Question

Practice question: Deficiency Judgment; Recovery of Deficiency

Multiple Choice Easy

Practice question

What is the deficiency in a real estate mortgage foreclosure context?
  1. Every amount originally borrowed even after full satisfaction.
  2. The creditor’s unrelated future business losses.
  3. The balance legally remaining after applying the foreclosure proceeds to the secured obligation and proper charges.
  4. The entire value of the debtor’s unrelated property.
  5. An automatic criminal fine.

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.

Answer this question in flashcards to review your response and continue practicing.