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Q. |
In the question above, suppose B failed to pay and A foreclosed the mortgage. Is A entitled to the balance? |
A. | No, because the law on pledge is applicable to the law on mortgages.(Arts. 2041,2087,2115,NCC) |
B. | Yes, because there is no law that prohibits recovery of deficiency under the mortgage laws; |
C. | Yes, because while the law on pledge applies to the law on mortgage, the same is true if there is no inconsistency between the two (2) laws. ( Pameca Word Treatment Corp. v. CA) |
D. | No, because of the principle of solution indebt. |
Answer» C. Yes, because while the law on pledge applies to the law on mortgage, the same is true if there is no inconsistency between the two (2) laws. ( Pameca Word Treatment Corp. v. CA) |
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