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Exceptions to things subject to a mortage:

a.

b. Improvements, need not exist at the time the mortgage

c. Future debts

Mortagagee-banks cannot rely on the certificate of title alone as opposed to Private individuals who
can

Stipulation to prohibit or disallow a subsequent mortgage or encumberance on the property is valid;


absent such stipulation a second or third mortgage can be done w/ the same property.

There must be an SPA granted to the mortagee to extrajudicially foreclose a mortgage in case of
non-payment or ..

Mortgage is an indivisible contract

Principal contract of Loan is valid even if the mortgage to secure the payment of the same is void.

Usurious interest rate does not affect the principal loan as well as the mortgage contract.

Improvements or the extension, applies only if the owner thereof is the mortagagor.

First prohibition = is void ;

Second prohibition = is valid ; right of first refusal

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