Philippine Bar review · Question

Practice question: Judicial vs. Extrajudicial Foreclosure

Multiple Choice Easy

Practice question

Under Rule 68 Section 6, what basis is required for deficiency judgment against the defendant?
  1. Mere ownership of collateral always suffices.
  2. Only the plaintiff’s preferred label.
  3. Personal liability for that balance shown by the record.
  4. Every third-party mortgagor automatically borrowed the money.
  5. No remaining balance is ever required.

Legal references

  • Civil Code Articles2052,2056-2057,2066,2071-2084 and2126-2130: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Rules of Court Rule68 Sections3-6: https://lawphil.net/courts/rules/rc_1-71_civil.html

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