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0 tracked cards Civil Law and Land Titles and Deeds
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Facts: Pia and Nico are married under the conjugal partnership regime. They occupy a house and lot that has long been treated as their family home. The title is solely in Nico’s name. Without Pia’s knowledge, Nico signs a mortgage on the family home in favor of BankDelta to secure a PHP 2,250,000 loan for his new transport business. The mortgage is annotated on the title. After default, BankDelta forecloses. Pia objects that the family home cannot be encumbered or conveyed without both spouses’ consent. BankDelta counters that Nico had authority to mortgage as husband and that the loan benefits the family. (a) Identify the controlling doctrine about the family home and the relevant parties/relationships involved. (b) Assuming the home remains the family home under Arts. 152-162, is the mortgage valid as to Pia? Explain the rule, and distinguish it from a situation where a mortgage on the family home is valid without Pia’s signature. (c) If Pia’s rights prevail, what remedies are available to Pia and what remedies, if any, remain for BankDelta?

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Clara

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