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FILINVEST CREDIT CORPORATION v. CA AND SPS. EDILBERTO AND MARCIANA TADIAMAN

This case has been cited 1 times or more.

2006-12-06
CORONA, J.
True, a mortgagee may take steps to recover the mortgaged property to enable it to enforce or protect its foreclosure right thereon. There is, however, a well-defined procedure for the recovery of possession of mortgaged property: if a mortgagee is unable to obtain possession of a mortgaged property for its sale on foreclosure, he must bring a civil action either to recover such possession as a preliminary step to the sale, or to obtain judicial foreclosure.[18]