Q.

A obtained a loan from B secured by a mortgage over his house & lot. B failed to pay hence, A foreclosed the mortgage but it was sold for less than the amount of the obligation. Can B recover the deficiency?

A. A cannot recover the deficiency because the law on pledges are applicable to the law on mortgages where there is a prohibition against recovery of deficiency.
B. A can recover the deficiency as there is nothing in the law that prohibits the same.
C. A can appropriate the object because the contract provides for it.
D. A can sue B for sum of money and foreclose the mortgage if B cannot pay the judgment obligation.
Answer» B. A can recover the deficiency as there is nothing in the law that prohibits the same.
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