Practice question
A mortgage validly stipulates additional personal notice of the foreclosure sale to the mortgagor. The creditor follows public notice rules but deliberately omits that contractual notice. Is public compliance alone a complete answer?
- Yes, contractual notice can never matter.
- Yes, a bank may disregard every notice promise.
- Yes, private mortgage terms have no legal effect.
- Yes, the sheriff can erase the stipulation orally.
- No; Panacan recognizes the additional notice obligation when the parties validly stipulate it.
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20591 — Act3135 §§1–4, as amended by Act4118.
- https://www.lawphil.net/courts/supreme/am/am_10_05_2001.html — AM99-10-05-0, further amended August7 2001 (filing and supervision provisions; later fee amendments retained).
- https://lawphil.net/statutes/repacts/ra2000/ra_8791_2000.html — RA8791 §47 bank-foreclosure redemption.
- https://lawphil.net/judjuris/juri2020/sep2020/gr_226272_2020.html — Panacan Lumber v Solidbank, GR226272, September16 2020, main decision (sale notice and contractual personal notice).
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