In the question above, suppose B failed to pay and A foreclosed the mortgage. Is A entitled to the balance?
A)No, because the law on pledge is applicable to the law on mortgages.(Arts. 2041,2087,2115,NCC)
B)Yes, because there is no law that prohibits recovery of deficiency under the mortgage laws.
C)Yes, because while the law on pledge applies to the law on mortgage, the same is true if there is no inconsistency between the two (2) laws. ( Pameca Word Treatment Corp. v. CA)
D)No, because of the principle of solution indebt.

Question

Quizplus · Accepted Answer

The law on pledge applies to the law on mortgage, but if there is no inconsistency between the two laws, then the law on mortgage will apply. In this case, there is no law that prohibits the recovery of deficiency under the mortgage laws, so A is entitled to the balance.

In the Question Above, Suppose B Failed to Pay and a Foreclosed