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a. Coverage
e. Procedure
P (1) Where to file
R
O All applications shall be filed with the Executive
C Judge through the Clerk of Court, who is also the
E Ex-Officio Sheriff. See Sec. 1, Circular No. 7-
D 2002, Guidelines for the enforcement of Supreme
Court Resolution of December 14, 1999 in A.M.
U no. 99-10-05-0 (re: Procedure in extra-judicial
R foreclosure of mortgage), as amended by the
E Resolutions dated January 30, 2001 and August
7, 2001.
Real Estate Mortgage Law
(Act 3135, as amended by RA 4118)
2) Where to sell
P Province where the property is situated. (Sec.
R 2, R.A. 3135, as amended) Sale cannot be made
O legally outside of the province in which the
C property sold is situated.
E
If venue is subject to stipulation, such sale
D shall be made in said place (i.e., the place so
U stipulated) or in the municipal building of the
R municipality in which the property or part thereof
E is situated.
Real Estate Mortgage Law
(Act 3135, as amended by RA 4118)
f. Possession by purchaser of
foreclosed property
h. Redemption
R Right of Redemption is the right of the
mortgagor to redeem the mortgage property
E within a certain period (1 year) after it was sold
D for the satisfaction of the mortgage debt.
E Requisites for valid redemption:
M 1. Redemption within 1 year from registration
T of sale;
I 2. Payment of purchase price plus 1% interest
per month thereon if any, paid by purchaser; and
O 3. Written notice of redemption served on
N officer who made the sale.
Real Estate Mortgage Law
(Act 3135, as amended by RA 4118)
i. Writ of possession
j. Annulment of sale
READ ALSO:
Full Text of Act 3135 Real Estate Mortgage
Law