Prohibition Against Recovery Of Unpaid Balance

Category: Sales

Reason for prohibition against recovery of unpaid balance in installment sale of movables

It is intended to prevent any abuses committed by mortgagees from signing the mortgaged property, buying it at foreclosure sale for a low price and then bringing a suit against the mortgagor for a deficiency judgment. The almost invariable result of this procedure is that, the mortgagor is found minus the property and still owing practically the full amount of his original indebtedness. (Magna Financial Services Group, Inc. vs. Colorina, G.R. No. 158635, December 9, 2005).