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
- Which rule governs the ordinary judicial action to foreclose a real estate mortgage? Multiple Choice Easy
- What payment period does Rule 68 section 2 require the foreclosure judgment to allow from entry of judgment? Multiple Choice Easy
- Under Act 3135 section 3, which notice framework applies to a qualifying extrajudicial sale of property worth more than… Multiple Choice Easy
- A valid mortgage grants the express special power of sale required by Act 3135. On default, the creditor seeks complian… Multiple Choice Medium
- A judicial foreclosure judgment omits the sum due and the Rule 68 payment period. The creditor argues that finality alo… Multiple Choice Medium
- The mortgage expressly requires personal notice to the mortgagor in addition to statutory public notices. The creditor … Multiple Choice Hard
- 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
- Compare the basic authority and procedural framework for judicial and extrajudicial foreclosure of a real estate mortga… Essay Medium
- Explain the public notice requirements for an Act 3135 sale of property worth more than ₱400 and distinguish them from … Essay Medium
- A creditor claims that every mortgage inherently supplies the special power needed for extrajudicial sale. Explain why … Essay Medium
- Under Rule 68 Section 4, what is deducted from sale proceeds before payment to the foreclosing mortgagee? Multiple Choice Easy
- After the mortgage debt is paid, who receives the stated residue before any final balance to mortgagor? Multiple Choice Easy