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Macatangay, Chad R.

C3S

1. May property acquirable in the future be mortgaged?

Future property cannot be the object of a contract of mortgage. One cannot constitute a mortgage on
“any other property he might have now and those he might acquire in the future.” One of the essential
requisites of mortgage is that the mortgagor should be the absolute owner of the thing mortgaged.

2. Is a third person who pledged and/or mortgaged his property (accommodation mortgagor) liable for
the deficiency?

- Third persons may pledge or mortgage their property to secure another person's debt. However, they
can be held liable only to the extent of the value of their property. the pledgor is not liable for any
deficiency should the property be not sufficient to cover the debt.

but with respect to mortgage, they may be held liable for any deficiency in case of foreclosure only if:
the third person expressly agreed to assume the principal obligation.

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