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Philippine Bar review · Topic

Judicial vs. Extrajudicial Foreclosure

Explore Judicial vs. Extrajudicial Foreclosure in Foreclosure (Rules of Court, Rule 68; Act 3135, as amended by Act 4118; RA 8791, Sec. 47) for the Philippine…

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Practice questions

  1. Which rule governs the ordinary judicial action to foreclose a real estate mortgage? Multiple Choice Easy
  2. What payment period does Rule 68 section 2 require the foreclosure judgment to allow from entry of judgment? Multiple Choice Easy
  3. Under Act 3135 section 3, which notice framework applies to a qualifying extrajudicial sale of property worth more than… Multiple Choice Easy
  4. A valid mortgage grants the express special power of sale required by Act 3135. On default, the creditor seeks complian… Multiple Choice Medium
  5. A judicial foreclosure judgment omits the sum due and the Rule 68 payment period. The creditor argues that finality alo… Multiple Choice Medium
  6. The mortgage expressly requires personal notice to the mortgagor in addition to statutory public notices. The creditor … Multiple Choice Hard
  7. A real estate mortgage contains no express special power of sale inserted in or attached to it, and the owner grants no… Multiple Choice Hard
  8. Compare the basic authority and procedural framework for judicial and extrajudicial foreclosure of a real estate mortga… Essay Medium
  9. Explain the public notice requirements for an Act 3135 sale of property worth more than ₱400 and distinguish them from … Essay Medium
  10. A creditor claims that every mortgage inherently supplies the special power needed for extrajudicial sale. Explain why … Essay Medium
  11. Under Rule 68 Section 4, what is deducted from sale proceeds before payment to the foreclosing mortgagee? Multiple Choice Easy
  12. After the mortgage debt is paid, who receives the stated residue before any final balance to mortgagor? Multiple Choice Easy