CRUZ VS.

BANCOM FINANCE

A prior registration of a lien (annotation of the notice of lis pendens and the adverse
claim) creates a preference that cannot be diminished by a subsequent registration
of the prior mortgage.
A person who bought a property through a simulated sale cannot mortgage the same
because only the absolute owner of the thing can mortgage it.

MEDIDA VS. CA

Since absolute ownership still remains with the person whose property was subjected
to extrajudicial foreclosure during the redemption period, he can mortgage the
property in favor of a third person.

DBP VS. CA

An assignment to guarantee an obligation is virtually a mortgage and not an absolute

conveyance of title which confers ownership on the assignee.
A creditor is prohibited from appropriating, or disposing of, the thing given as security
for the payment of a debt. There should be foreclosure.

PRUDENTIAL BANK VS. DON ALVIAR

Mortgages given to secure future advancements are valid and legal contracts, but
while there is a dragnet clause, the security specifically executed for subsequent
loans must first be exhausted before the mortgaged property of the dragnet clause
can be resorted to.

TORRES VS. LIMJAP

A mortgage may, by express stipulation, be made to include future acquisitions of

goods to be added to the original stock mortgaged, and upon foreclosure, such
property may be taken and sold by the mortgagee.

TUMALAD VS. VICENCIO

A real property may be subject to a chattel mortgage for as long as it is expressly and
specifically designated that the property given as security is considered personal
property.

DY VS. CA

A mortgagor in a chattel mortgage who sells the same has the obligation to secure
the written consent of the mortgagee. If no consent is obtained, hell be subject to
penal sanctions under the RPC, but validity of the sale would not be affected.

SERVICEWIDE SPECIALIST, INC. VS. CA

Only notice to the debtor-mortgagor is necessary to bind him in an assignment of

credit.

Consent of the creditor-mortgagee is necessary to bind him in the alienation of the

mortgaged property.

SUPERLINE VS. ICC

A mortgagee has the right to file an independent civil action to recover deficiency
after the foreclosure of the chattel mortgage, the chattel mortgage only being a
security and not a payment for the debt in case of failure of payment.

CALIFORNIA BUS LINES, INC. VS. STATE INVESTMENT HOUSE

Factual lang ang issue re: mortgage.

PANDO VS. GIMENEZ

A stipulation that extinguishes the obligation of a creditor to pay the taxes and
charges and any other expenses necessary for the propertys preservation and repair
does not change the nature of the antichresis, it being separate from the obligation
to collect the fruits and apply it to the interest of the credit.