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TOP ART SHIRT MANUFACTURING v. METROPOLITAN BANK

This case has been cited 1 times or more.

2010-11-22
NACHURA, J.
It is a time-honored legal precept that after the consolidation of titles in the buyer's name, for failure of the mortgagor to redeem, entitlement to a writ of possession becomes a matter of right.[27] As the confirmed owner, the purchaser's right to possession becomes absolute.[28] There is even no need for him to post a bond,[29] and it is the ministerial duty of the courts to issue the same upon proper application and proof of title.[30]  To accentuate the writ's ministerial character, the Court has consistently disallowed injunction to prohibit its issuance despite a pending action for annulment of mortgage or the foreclosure itself.[31]