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Real Estate Mortgages: Articles 2124 - 2131
Real Estate Mortgages: Articles 2124 - 2131
MORTGAGES
Articles 2124 - 2131
Mortgage
◦ one of the kinds of contracts specially regulated by Philippine law.
◦ SHOULD NOT VIOLATE the regulations set by the Civil Code of the
Philippines or else those terms will be invalid.
Who are the parties to a
mortgage agreement?
WHAT?
- immovable property or real rights over immovable property
WHY?
- To SATISFY THE OBLIGATION with the proceeds of sale of said property or rights in case the
said obligation is not complied with at the time stipulated
NATURE:
- Real, accessory, unilateral and subsidiary contract
POSSESSION OF PROPERTY
MORTGAGED
In addition to the requisites stated in Article 2085, it is indispensable, in
order that a mortgage may be validly constituted, that the document
in which it appears be recorded in the Registry of Property. If the
instrument is not recorded, the mortgage is nevertheless binding
between the parties.
The persons in whose favor the law establishes a mortgage have no other
right than to demand the execution and the recording of the
document in which the mortgage is formalized. (1875a)
ESSENTIAL REQUISITES OF A
MORTGAGE
1. To secure the fulfillment of a principal obligation
2. The mortgagor should be the absolute owner of thing mortgaged
4. When the principal obligation becomes due, the thing mortgaged may
be alienated to secure payment
5. For a mortgage to be validly constituted and to prejudice third persons, the
mortgage should be recorded with the Registry of Property
NOTE: NO VALIDITY CONSTITUTED MORTGAGE IF THE
DEED OF MORTGAGE IS A MERE PRIVATE DOCUMENT
f. In a suit to nullify a certificate of title, the mortgagee is
an indispensable party
- The creditor may only demand from any possessor the payment only of the
part of the credit secured by said property
- Necessary that there be prior demand for payment be made on the debtor
and the latter failed to pay
RIGHT OF CREDITOR AGAINST
TRANSFEREE OF MORTGAGED PROPERTY
- Does not really apply to all third persons in possession of the
property
- It only applies to those in possession of the mortgaged
property in the concept of owner. If the possession by a third
person is only as lessee, the creditor may not collect the credit
from that third person.
Article 2130.