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Philippine Bar review · Question

Practice question: Extrajudicial Foreclosure (Act 3135, as amended by Act 4118; AM 99-10-05-0, as amended)

Multiple Choice Easy Jurisprudence

Practice question

Under AM99-10-05-0's filing procedure, where are extrajudicial foreclosure applications filed, whether sale is under a sheriff or a notary?
  1. Only with a private bank employee.
  2. Only with the mayor.
  3. With the Executive Judge through the Clerk of Court, who is also Ex-Officio Sheriff.
  4. Only with the defendant's employer.
  5. Directly with COMELEC.

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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