Practice question
A third-party mortgagor pledged its land to secure another person's debt but the record does not establish its personal liability for the deficiency. The creditor demands a personal deficiency judgment solely because the party mortgaged the property. What must the court examine under Section 6?
- Mortgaging land always creates unlimited personal liability.
- The auction price alone proves personal liability.
- Whether the record shows that the particular defendant is personally liable for the balance.
- Only the creditor's private preference.
- Whether the sheriff wants a larger writ.
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 68, Sections 1–4 and 6.
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