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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

What contractual authority is central to an extrajudicial real-estate-mortgage sale under Act3135 §1?
  1. A special power inserted in or attached to the mortgage authorizing the sale.
  2. Any creditor's unsupported private wish.
  3. Only a tenant's oral instruction.
  4. A newspaper's permission.
  5. An automatic transfer of title on default without sale.

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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