Q.

A borrowed money from Metrobank and executed a mortgage over his house and lot as security. No period has been agreed upon on the date of payment. Before the lapse of ten (10) years, the bank foreclosed the mortgage. Is the bank correct?

A. Yes, because of delay in the payment of the obligation;
B. Yes, otherwise the action to foreclose might prescribe;
C. No, because the proper remedy is for the bank to file an action for the fixing of the perio
D. (Art. 1197, NCC, Pacific Bank v. CA, 5 May 1989);
Answer» C. No, because the proper remedy is for the bank to file an action for the fixing of the perio
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