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What is the nature of a writ of possession in a foreclosure sale?

 

As to the nature of a petition for a writ of possession, it is well to state that the proceeding in a petition for a writ of possession is ex parte and summary in nature. x x x It is not strictly speaking a judicial process as contemplated in Article 433 of the Civil Code. It is a judicial proceeding for the enforcement of one's right of possession as purchaser in a foreclosure sale. . It is not an ordinary suit filed in court, by which one party "sues another for the enforcement of a wrong or protection of a right, or the prevention or redress of a wrong." (Spouses Lam vs. Metropolitan Bank and Trust Company, G.R. No. 178881, February 18, 2008, [Nachura, J.]).


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