Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

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

View previous topic View next topic Go down  Message [Page 1 of 1]

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?

View user profile

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.

View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum