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    Kvyn Honoridez
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    Foreclosure is a legal process where a mortgagee can force the sale of a mortgaged property to recover an unpaid debt secured by the property. There are three types of foreclosure: ordinary, judicial, and extrajudicial. Extrajudicial foreclosure allows the mortgagee to sell the property at a public auction through a special power of attorney granted by the mortgagor, as governed by Act No. 3135. The procedure for extrajudicial foreclosure under this Act and the Chattel Mortgage Act No. 1508 involves filing an application with the court, posting a public notice for at least 20 days, publishing the notice in a newspaper, getting court approval of the sale certificate, and conducting

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    Foreclosure is a legal process where a mortgagee can force the sale of a mortgaged property to recover an unpaid debt secured by the property. There are three types of foreclosure: ordinary, judicial, and extrajudicial. Extrajudicial foreclosure allows the mortgagee to sell the property at a public auction through a special power of attorney granted by the mortgagor, as governed by Act No. 3135. The procedure for extrajudicial foreclosure under this Act and the Chattel Mortgage Act No. 1508 involves filing an application with the court, posting a public notice for at least 20 days, publishing the notice in a newspaper, getting court approval of the sale certificate, and conducting

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    185 views2 pages

    Foreclosure Notes

    Uploaded by

    Kvyn Honoridez
    Foreclosure is a legal process where a mortgagee can force the sale of a mortgaged property to recover an unpaid debt secured by the property. There are three types of foreclosure: ordinary, judicial, and extrajudicial. Extrajudicial foreclosure allows the mortgagee to sell the property at a public auction through a special power of attorney granted by the mortgagor, as governed by Act No. 3135. The procedure for extrajudicial foreclosure under this Act and the Chattel Mortgage Act No. 1508 involves filing an application with the court, posting a public notice for at least 20 days, publishing the notice in a newspaper, getting court approval of the sale certificate, and conducting

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    © All Rights Reserved
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    of 2

    What is foreclosure?

    Foreclosure is the remedy available to the mortgagee by which he subjects the mortgaged property
    to the satisfaction of the obligation, to secure that for which the mortgage was given. It may mean
    the usual methods including the sale of the goods at a public auction.The right to foreclose a
    mortgage prescribes in ten (10) years.

    What are the kids of foreclosure?

    1. ORDINARY- an ordinary execution sale is governed by the pertinent provisions of Rule 39 of the
    Rules of Court
    2. JUDICIAL – ordinary action for foreclosure under Rule 68 of the Rules of Court.
    3. EXTRAJUDICIAL- when mortgagee is given a special power of attorney to sell the mortgaged
    property by public auction, under Act No. 3135

    What is Act No. 3135 on Extrajudicial Foreclosure of Real Property all about?

    The law covers only real estate mortgages. It is intended merely to regulate the extrajudicial sale of
    the property mortgaged.The authority to sell is not extinguished by the death of the
    mortgagor/mortgagee as it is an essential and inseparable part of a bilateral agreement. No sale can
    be legally made outside the province in which the property sold is situated; and in case the place
    within said province in which the sale is to be made is the subject of stipulation, such sale shall be
    made in the said place in the municipality building of the municipality in which the property or part
    thereof is situated

    What is the procedure for Extrajudicial Foreclosure of both real estate mortgage under Act No.
    3135 and Chattel Mortgage under Act No. 1508?

    1. Filing of application before the Executive Judge through the Clerk of Court;
    2. Clerk of Court will examine whether the requirement of the law have been complied with. That is,
    whether the notice of sale has been posted for not less than 20 days in at least three (3) public
    places of the municipality or city where the property is situated, and where the same is more than
    P400.00, that such notice has been published once a week for at least three (3) consecutive weeks
    in a newspaper of general circulation in the city or municipality;
    3. The certificate of sale must be approved by the Executive Judge;
    4. In extrajudicial foreclosure of real mortgages in different locations covering one indebtedness,
    only one filing fee corresponding to such debt shall be collected;
    5. The Clerk of Court shall issue certificate of payment indicating the amount of indebtedness, the
    filing fees collected, the mortgages sought to be foreclosed, the description of the real estates and
    their respective locations;
    6. The notice of sale shall be published in a newspaper of general circulation pursuant to Section 1,
    PD No. 1079;
    7. The application shall be raffled among all sheriffs;
    8. After the redemption period has expired, the Clerk of Court shall archive the records;
    9. No auction sale shall be held unless there are at least two (2) participating bidders, otherwise the
    sale shall be postponed to another date. If on the new date there shall not be at least two (2)
    bidders, the sale shall then proceed. The names of the bidders shall be reported to the Sheriff or the
    Notary Public, who conducted the sale to the Clerk of Court before the issuance of the certificate of
    sale

    References:

    Act No. 3135, “An Act to Regulate the Sale of Property Under Special Powers Inserted in or Annexed
    to Real-Estate Mortgages”
    IFC Service Leasing and Acceptance Corporation v. Venancio Nera, L-21720, Jan. 30, 1967
    Paras, E. (2013). Civil Code Volume V (Special Contracts). Quezon City: Rex Printing Company, Inc.
    C.N. Hodges, et al. v. Jose Manuel Lezema, et al., L-20630, Aug. 31, 1965
    The New Civil Code

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