VENDEES RIGHT TO POSSESSION OF MORTGAGED PROPERTY SOLD

Redemption period
The mortgagor remains entitled to the physical possession of the mortgaged property subject to the
purchasers right to petition the court to give him possession and file a bond

After redemption period

After the redemption period is terminated, the right to redeem is barred, the mortgagor is divested of his
rights to the mortgaged property sold, and the vendees right of possession of the property becomes final.

RIGHT OF PURCHASER TO WRIT OF POSSESSION

writ of possession
-generally understood to be an order by a court whereby the sheriff is commanded to place in possession
of real or personal property the person entitled thereto such as when a property is extra judicially
foreclosed.

General Rule: Issuance of writ is ministerial

Exceptions:
1. Gross in adequacy of purchase price
2. When a third person in possession of the property claims a right adverse to
that of the debtor-mortgagor.
3. Failure to pay the surplus proceeds of the sale to mortgagor.

Injunction to prohibit issuance of the writ is improper

-any question regarding the validity of the mortgage or its foreclosure is not a legal ground for refusing the
issuance of the writ. Hence, an injunction to prohibit the issuance of the writ is entirely out of place

The validity of the writ is proper to be determined in a separate case

The right to writ never prescribes.

RIGHT BEFORE LAPSE OF REDEMPTION PERIOD

The purchaser takes possession of the foreclosed property upon the filing of the latter of an ex parte
application and approval of a bond in an amount equivalent to the use of the property for a period of 12
months to indemnify the mortgagor in case it be shown that the sale was made in violation of the mortgage or
without complying with the requirements of the law.

RIGHT AFTER LAPSE OF REDEMPTION PERIOD

If a writ of possession may be issued even before the redemption period has expired on the ex parte
application of the purchaser, with greater reason could such writ be issued after the time for redemption has
expired, without redemption having
been made especially where a new title has already been issued in the name of the purchaser. The purchaser
at public auction has only to file a petition for issuance of the writ.

Nature of petition/motion for issuance of writ

The petition or motion for the issuance of a writ of possession is summary in nature and a non-
litigious proceeding authorized in an extrajudicial foreclosure of mortgage.

Nature of order for the issuance of writ

Ministerial in nature and it is incident in the transfer of title in the name of the purchaser.

Right of purchaser to a conveyance and to possession

The rule is that after the redemption period has expired, the purchaser of the property has the
right to a conveyance and to be placed in possession thereof.

To obtain possession, the vendee or purchaser may either ask for a writ of
possession or bring an appropriate independent action, such as a suit for
ejectment.
The right to possession is based simply on the purchasers ownership of the
property. Thus, the mere fi ling of an ex parte motion for the issuance of a writ of
possession would suffice. Upon the expiration of the redemption period, without
the mortgagor having made use of his right of redemption, ownership of the
property becomes consolidated in the purchaser.