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Can a foreign citizen sign as a mortgagee for real estate contracts?

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femme fatal


Arresto Menor

Coz the idea of a real estate mortgage contract, the real estate property of the mortgager is security that the loan will be paid to the mortgagee, that in the event that the loan is not paid, the real estate rights will go the mortgagee.

But what if the mortgagee is a foreign citizen? Is he still entitled the same rights to take hold and manage the real estate as any normal owner?

On another note, can mortgage contract only promises a certain percentage of the fruits of the real estate (as security) to the mortgagee instead of the whole unit since the value of the loan is lesser than the real estate itself?

tsi ming choi


Reclusion Perpetua

femme fatal wrote:
But what if the mortgagee is a foreign citizen? Is he still entitled the same rights to take hold and manage the real estate as any normal owner?

Nope. Foreigner-mortgagee is still subject to the limitations as provided under the constitution.

femme fatal wrote:
On another note, can mortgage contract only promises a certain percentage of the fruits of the real estate (as security) to the mortgagee instead of the whole unit since the value of the loan is lesser than the real estate itself?

Yes. The parties may stipulate the terms and conditions of the contract provided, as such is not contrary to law.

In your case i think that stipulation in the mortgage is akin to the contract of antichresis, which is also a valid contract.

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