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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An RTC renders a final money judgment in favor of Creditor C against Debtor D for PHP 1,000,000, plus costs. D owns a parcel of land encumbered by a first mortgage in favor of Bank Alpha for PHP 900,000 and a second mortgage in favor of Bank Beta for PHP 600,000. There is a government tax lien (BIR) on the land for PHP 150,000. A writ of execution is issued and the sheriff levies on the land; the property is sold at public auction for PHP 1,800,000; costs of sale amount to PHP 150,000, so the net sale proceeds equal PHP 1,650,000. (a) Identify the governing doctrine for execution of judgments against real property subject to liens and the effect on the order of payment from the sale proceeds. (b) Apply the doctrine to these facts and determine how the sale proceeds should be applied to satisfy the obligations of Bank Alpha, Bank Beta, the BIR, and C, including any deficiency. (c) If Bank Alpha and/or Bank Beta object to the distribution or there are additional liens claimed, outline the procedural steps the court should take and the orders it should issue to protect the interests of the judgment creditor and the lienholders.

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Clara

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