Thursday, August 20, 2015

PERSONAL NOTICE TO THE MORTGAGOR IS NOT NECESSARY FOR THE VALIDITY OF THE FORECLOSURE PROCEEDINGS:

      As held by the Supreme Court in Philippine National Bank v. Nepomuceno Productions, Inc., x x x personal notice to the mortgagor is not necessary for the validity of the foreclosure proceedings, thus: "The principal object of a notice of sale in a foreclosure of mortgage is not so much to notify the mortgagor as to inform the public generally of the nature and condition of the property to be sold, and of the time, place, and terms of the sale. Notices are given to secure bidders and prevent a sacrifice of the property. Clearly, the statutory requirements of posting and publication are mandated, not for the mortgagor’s benefit, but for the public or third persons. In fact, personal notice to the mortgagor in extrajudicial foreclosure proceedings is not even necessary, unless stipulated"

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