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Second Mortgage Validity in Litigation by Donald Dwane Reyes is a document available to read on EtoBox.
1) Galas owned property and mortgaged it to Villar and Garcia to secure loans. She then sold the property to Villar, carrying over both mortgages. Garcia sued Villar for foreclosure. The RTC ruled for Garcia but the CA reversed. 2) The Supreme Court upheld the validity of the second mortgage to Garcia and the sale to Villar. While the first mortgage restricted further encumbrances, this was not in the mortgage deed. The sale also did not violate the prohibition on pactum commissorium. 3) Garcia
- Author
- Donald Dwane Reyes
- Language
- EN