Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

12. Mr. Palautang purchase on installments from Toyota Motors Company a Hi-lux 3.0 pick-up for 1.5 million pesos payable in equal monthly installments for 12

12. Mr. Palautang purchase on installments from Toyota Motors Company a Hi-lux 3.0 pick-up for 1.5 million pesos payable in equal monthly installments for 12 months. To secure the payment of the purchase price, he executed two (2) chattel mortgages: (1) over the pick-up and (2) Yamaha motorcylce in favor of the company. As additional security, Miss. Manlolowas a friend of Mr. Palautang executed a real estate mortgage on a parcel of land owned by her. Subsequently, the company assigned all of its rights with recourse in the three mortgages to Mr. Mapahimuslanon with due notice of the assignment to Mr. Palautang and Miss Manlolowas..

a.) Because of Mr. Palautang's failure to pay three installments, Mr. Mapahimuslanon filed an action for specific performace against Mr. Palautang and obtained a favorable judgment from the court. The sheriff then levied and held an execution sale of the pick up where the highest bidder was Mr. Mapahimuslanon, but there is a deficiency of Php 400,000.00. May Mr. Mapahimuslanon recover the deficiency? reason.

b.) Suppose that Mr. Mapahimuslanon will sue the Toyota Motors for the deficiency, would there be violation of Recto Law if he will be allowed to recover? Reason.

c.) Assuming that Mr. Palautang concealed or refused to deliver the pick-up subject of the chattel mortgage, which constrained Mr. Mapahimuslanon to institute a case for replevin or recovery of personal property against him, and Mr. Mapahimuslanon subsequently foreclosed the mortgage on the the pick-up, would there be violation of Recto Law if Mr. Mapahimuslanon would demand for reimbursement of expenses and attorney's fees? reason

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Auditing A Business Risk Approach

Authors: Karla Johnstone, Audrey Gramling, Larry Rittenberg

8th edition

538476230, 978-0538476232

Students also viewed these Law questions

Question

=+c) What do you conclude about the average value of the

Answered: 1 week ago