RFBT3 - Recit

6.In a mortgage agreement who is in possession of the property

mortgaged?
- Usually Remains with the Mortgagor
7. Is it possible that the parties stipulate that the property will be in
possession of the mortgagee?
- Yes

8. What is the reason bakit kapag sa mortgage agreement, any of the

mortgagor or mortgagee can possess the property but in pledge contract
bawal si pledgor na humawak ng property?
- In a mortgage agreement we don’t have to deliver the actual
possession of property involved, mainly because the property is a real
property or immovable.
In pledge, walang title, ang daling galawin at ilipat – kaya dapat hawak
ni Pledgee para protected si Pledgee – because the property involved is
movable.

9. What is the extent of a real mortgage agreement is it limited to the

property itself or extensive to? What properties may deemed covered if
you executed a real mortgage agreement?
- A mortgagor or owner of the property may still validly sell the property
subject or used as an object in the Real Mortgage agreement. The
mortgagor still remains to be the absolute owner of the property and
he/she can validly dispose of the same if he/she wants to do so.
- A stipulation forbidding the owner from alienating the immovable
mortgaged shall be void.
Article 2130