Practice question
A debtor invokes a listed Section13 exemption against execution of a valid foreclosure judgment on the very mortgaged property. No overriding special protection is established. It argues that the list defeats foreclosure in every case. Which is best?
- The exemption list always cancels mortgages
- Foreclosure is unrelated to the final paragraph
- The debtor’s claim of necessity alone eliminates every security
- The final paragraph expressly excepts execution on a foreclosure judgment over the property, subject to any actually applicable overriding law
- The creditor may enforce without any lawful judgment or process
Legal references
- Rule39 Section13, final paragraph: https://lawphil.net/courts/rules/rc_1-71_civil.html
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