Practice question
A secured creditor wants a deficiency claim after judicial foreclosure. Which Section 7 route preserves that possibility?
- Foreclose by action with the executor or administrator as defendant, then present the deficiency judgment as an estate claim.
- Rely on the security alone and demand automatic distribution of other assets.
- Privately sell without the prescribed judicial foreclosure route and call any shortfall a deficiency judgment.
- Abandon the security but still insist on foreclosing it under that same election.
- Omit the representative from the foreclosure and treat the omission as compliance.
Legal references
- Rules of Court, Rules 86-90, provisions specifically identified in the explanations: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
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