Question
Mr. Manipol (lessee) entered into a lease contract with Ms. Sophia involving the latter's unutilized warehouse. One day, Ms. Sophia, who was then encountering financial
Mr. Manipol (lessee) entered into a lease contract with Ms. Sophia involving the latter's unutilized warehouse. One day, Ms. Sophia, who was then encountering financial difficulties, approached Mr. Manipol and sought for a loan, which Mr. Manipol readily granted to her. In order to secure the loan obligation, Ms. Sophia mortgaged the leased warehouse in favor of Mr. Manipol.
When Ms. Sophia failed to pay the loan amount on the agreed period, Mr. Manipol foreclosed the real estate mortgage over Mr. Zen's property, without any prior demand furnished to Ms. Sophia.
Aggrieved, Ms. Sophia opposed the foreclosure due to the lack of prior demand to pay for the loan, contending that there was no waiver of prior demand in the mortgage instrument.
Will Ms. Sophia's opposition prosper? Please Answer with legal basis.
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