Division - LTD Rem & CM

Real Estate Mortgage
REPORTER No. “1”
1. Origin and Meaning of Term “Mortgage’’
2. Law of Mortgages in the Philippines
3. Meaning and Nature of Real Estate Mortgage
4. Real Mortgage: Essential Characteristics
5. Real Mortgage: Essential Requisites
6. Kinds of Mortgages
7. Mortgage Distinguished From Other Contracts and Compared with Other

Contracts
8. Subject Matter of Real Mortgage
9. Property Not Subject to Real Mortgage
10. Validity of Stipulations
10.1. Prohibition Against Subsequent Mortgages
10.2. Effect of Alienation of Mortgaged Property
11. Stipulation Excluding New Building From the Mortgage
11.1. Pacto Comisorium
11.2. “Tipo’’ or Upset Price
12. Mortgage
12.1. Mortgagee in Bad Faith
12.2. Who May Constitute a Mortgage
12.3. Who is Mortgagee in Good Faith
12.4. Assignment of the Right of the Mortgagee
12.5. Courses of Action Left to Mortgagee Upon Death of Mortgagor

12.6. May a Married Woman Mortgage Without Marital Consent
12.7. Unregistered Sale is Superior Over a Mortgage
12.8. Registration of Mortgages: Place and Effect
12.9. Forms in Conveyancing
12.10. Effect of a Forged Power of Attorney
12.11. Length of Mortgage: Mortgage to Aliens
13. Mortgage Without Fixed Period
13.1. How Mortgage May Be Discharged
13.2. Foreclosure: Meaning, Grounds, and Methods
13.3. Judicial and Extrajudicial Foreclosure Distinguished
13.4. Foreclosure of Mortgage
14. Judicial Foreclosure: Nature of Action
14.1. Venue of the Action for Foreclosure
14.2. Institution of Foreclosure Suit: Contents of Complaint: Parties Defendant
14.3. Action to Foreclosure a Mortgage Affecting Registered Lands Under the

Torrens System Subject to Prescription — Section 46, Act No. 496
Construed
14.4. Attachment of Unmortgaged Property
14.5. Judgment on Foreclosure
14.6. Sale of Property
14.7. Disposition of Proceeds of Sale
14.8. Confirmation of Sale Effect of Such Confirmation
14.9. Concellation of State
14.10. Deficiency Judgment After Foreclosure Sale
14.11. Effect Where Mortgagee Files a Personal Action

14.12. Final Record in Judicial Foreclosure, Registration Thereof
14.13. Rights and Obligations of Second Mortgagee in a Judicial Foreclosure of

Real Estate Mortgage
15. Extrajudicial Foreclosure of Mortgage
16. Buyer in Foreclosure Sale Acquires Title Free From Rights of Subsequent
Mortgagee
16.1. Procedure in Extrajudicial Foreclosure of Real Estate Mortgage
17. Mortgagee has the right to recover the deficiency from the debtor
17.1. How Much to Pay in Case of Redemption of a Real Property Mortgaged
17.2. Foreclosure of Certain Mortgages by Rural Banks Redemption Period
17.3. Foreclosure of Mortgage by Rural Bank
17.4. Where Mortgagor Is Dead
17.5. Cancellation of Sale and Writ of Possession
18. Redemption: Meaning
18.1. Kinds of Redemption
18.2. Right of Redemption After Judicial Sale
18.3. Right of Redemption After Extrajudicial Sale
18.4. Possession During Redemption Period
18.5. Rights of Party Redeeming to Reduction of Rentals and Interests
18.6. Registration of Sale in Extrajudicial Foreclosure
18.7. Innocent Mortgage for Value

Chattel Mortgage
1. Chattel Mortgage: Nature and Meaning
1.1. What Laws Govern
1.2. Chattel Mortgage Is an Accessory Contract
1.3. Form and Contents of a Chattel Mortgage
1.4. What May Be the Subject Matter of a Chattel Mortgage
1.5. Registration of Chattel Mortgage
1.6. Manner of Recording Chattel Mortgage
1.7. Difference in Manner of Registration Between Real Estate Mortgages and

Chattel Mortgages
1.8. Effect of Failure to Register Chattel Mortgage
1.9. Chattel Mortgage of Automobiles
1.10. Effect of Omission of Affidavit of Good Faith
1.11. Effect of Omission of Affidavit of Good Faith Where Property Has Been
Delivered and Retained by Mortgagee
1.12. Effect Upon Third Persons With Notice
1.13. Rights and Obligations of the Chattel Mortgagor
1.14. Rights and Liabilities of Chattel Mortgagee
1.15. Rights and Obligations of Junior Mortgagee
1.16. Cancellation of Chattel Mortgage
1.17. Foreclosure of Chattel Mortgage: Methods of Foreclosure
1.18. Where Sale Should Take Place
1.19. Sheriffs or Officers Return
1.20. Can Mortgagee Recover Unpaid Balance?

1.21. Sale by Installment Secured by Chattel Mortgage: Remedies in Case of
Default
1.22. Personal Property Sold on Installment Basis: Remedy of Vendor Should

Vendee Fail to Pay; When Vendor May Recover Unpaid Balance of the
Price
2. Preferences and Priorities; Levy on Execution Duly Registered Has Preferences

Over Prior Unregistered Sale
3. Provision on Judicial Foreclosure of Chattel Mortgage in the Rules of Court

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Real Estate Mortgage

REPORTER No. “1”

1. Origin and Meaning of Term “Mortgage’’

2. Law of Mortgages in the Philippines

3. Meaning and Nature of Real Estate Mortgage

4. Real Mortgage: Essential Characteristics

5. Real Mortgage: Essential Requisites

7. Mortgage Distinguished From Other Contracts and Compared with Other

8. Subject Matter of Real Mortgage

9. Property Not Subject to Real Mortgage

REPORTER No. “2”

10. Validity of Stipulations

10.1. Prohibition Against Subsequent Mortgages

10.2. Effect of Alienation of Mortgaged Property

11. Stipulation Excluding New Building From the Mortgage

11.1. Pacto Comisorium

11.2. “Tipo’’ or Upset Price

12.1. Mortgagee in Bad Faith

12.2. Who May Constitute a Mortgage

12.3. Who is Mortgagee in Good Faith

12.4. Assignment of the Right of the Mortgagee

12.5. Courses of Action Left to Mortgagee Upon Death of Mortgagor

12.7. Unregistered Sale is Superior Over a Mortgage

12.8. Registration of Mortgages: Place and Effect

12.9. Forms in Conveyancing

12.10. Effect of a Forged Power of Attorney

12.11. Length of Mortgage: Mortgage to Aliens

REPORTER No. “3”

13. Mortgage Without Fixed Period

13.1. How Mortgage May Be Discharged

13.2. Foreclosure: Meaning, Grounds, and Methods

13.3. Judicial and Extrajudicial Foreclosure Distinguished

13.4. Foreclosure of Mortgage

14. Judicial Foreclosure: Nature of Action

14.1. Venue of the Action for Foreclosure

14.2. Institution of Foreclosure Suit: Contents of Complaint: Parties Defendant

14.3. Action to Foreclosure a Mortgage Affecting Registered Lands Under the

14.4. Attachment of Unmortgaged Property

14.5. Judgment on Foreclosure

14.6. Sale of Property

14.7. Disposition of Proceeds of Sale

14.8. Confirmation of Sale Effect of Such Confirmation

14.9. Concellation of State

14.10. Deficiency Judgment After Foreclosure Sale

14.11. Effect Where Mortgagee Files a Personal Action

14.13. Rights and Obligations of Second Mortgagee in a Judicial Foreclosure of

REPORTER No. “4”

15. Extrajudicial Foreclosure of Mortgage

16.1. Procedure in Extrajudicial Foreclosure of Real Estate Mortgage

17.1. How Much to Pay in Case of Redemption of a Real Property Mortgaged

17.2. Foreclosure of Certain Mortgages by Rural Banks Redemption Period

17.3. Foreclosure of Mortgage by Rural Bank

17.4. Where Mortgagor Is Dead

17.5. Cancellation of Sale and Writ of Possession

REPORTER No. “5”

18. Redemption: Meaning

18.1. Kinds of Redemption

18.2. Right of Redemption After Judicial Sale