Question
The following questions relates to Recto Law & Maceda Law: 1. Jake sold to Amy a motorcycle for a price of P100,000, secured by a
The following questions relates to Recto Law & Maceda Law:
1. Jake sold to Amy a motorcycle for a price of P100,000, secured by a chattel mortgage on the motorcycle. Amy is required to pay a down payment of P50,000 and the balance is payable on or before December 31, 2020. If Amy fails to pay on due date and Jake foreclosed the mortgage on the motorcycle, but resulted in a deficiency balance of P10,000, can Jake still collect the deficiency? Why or why not?
2. Harvey bought a truck from Mike worth P2,000,000 payable P100,000 installment, secured by a chattel mortgage on the truck itself. As additional security, Harvey's sister, Donna, executed a real estate mortgage over her own land in favor of Mike. Harvey defaulted in the first two installments leaving an unpaid balance of P2,000,000. If Mike would foreclose the chattel mortgage on the truck, would there be a remedy to collect deficiency if it was sold for less than the unpaid amount?
3. Harvey bought a truck from Mike worth P2,000,000 payable P100,000 installment, secured by a chattel mortgage on the truck itself. As additional security, Harvey's sister, Donna, executed a real estate mortgage over her own land in favor of Mike. Harvey defaulted in the first two installments leaving an unpaid balance of P2,000,000. If Mike forecloses the real estate mortgage, would there be a remedy to collect deficiency if it was sold for less than the unpaid amount?
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