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    Navarro V Pineda

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    Tomong Denate
    Pineda and his mother took out a loan from Navarro, securing it with real estate and chattel mortgages. The real estate mortgage covered land owned by the mother, while the chattel mortgage covered a house on rented land. When Pineda and his mother failed to repay the loan after two extensions, Navarro filed to foreclose on the mortgages. The court ruled in Navarro's favor, finding that while a house can be considered a chattel between contracting parties, it is considered immovable property for third parties like in execution proceedings.

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    Navarro V Pineda

    Uploaded by

    Tomong Denate
    200 views1 page
    Pineda and his mother took out a loan from Navarro, securing it with real estate and chattel mortgages. The real estate mortgage covered land owned by the mother, while the chattel mortgage covered a house on rented land. When Pineda and his mother failed to repay the loan after two extensions, Navarro filed to foreclose on the mortgages. The court ruled in Navarro's favor, finding that while a house can be considered a chattel between contracting parties, it is considered immovable property for third parties like in execution proceedings.

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    Navarro v Pineda

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    Pineda and his mother took out a loan from Navarro, securing it with real estate and chattel mortgages. The real estate mortgage covered land owned by the mother, while the chattel mortgage covered a house on rented land. When Pineda and his mother failed to repay the loan after two extensions, Navarro filed to foreclose on the mortgages. The court ruled in Navarro's favor, finding that while a house can be considered a chattel between contracting parties, it is considered immovable property for third parties like in execution proceedings.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    200 views1 page

    Navarro V Pineda

    Uploaded by

    Tomong Denate
    Pineda and his mother took out a loan from Navarro, securing it with real estate and chattel mortgages. The real estate mortgage covered land owned by the mother, while the chattel mortgage covered a house on rented land. When Pineda and his mother failed to repay the loan after two extensions, Navarro filed to foreclose on the mortgages. The court ruled in Navarro's favor, finding that while a house can be considered a chattel between contracting parties, it is considered immovable property for third parties like in execution proceedings.

    Copyright:

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    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    NAVARRO V.

    PINEDA 9 SCRA 631 FACTS: Pineda and his mother executed real estate and chattel mortgages in favor of Navarro, to secure a loan they got from the latter. The Real Estate Mortgage covered a parcel of land owned by the mother while the chattel mortgage covered a residential house. Due to the failure to pay the loan, they asked for extensions to pay for the loan. On the second extension, Pineda executed a PROMISE wherein in case of default in payment, he wouldnt ask for any additional extension and there would be no need for any formal demand. In spite of this, they still failed to pay. Navarro then filed for the foreclosure of the mortgages. The court decided in his favor. ISSUE: 1. HELD: Where a house stands on a rented land belonging to another person, it may be the subject matter of a chattel mortgage as personal property if so stipulated in the document of mortgage, and in an action by the mortgagee for the foreclosure, the validity of the chattel mortgage cannot be assailed by one of the parties to the contract of mortgage. Furthermore, although in some instances, a house of mixed materials has been considered as a chattel between the parties and that the validity of the contract between them, has been recognized, it has been a constant criterion that with respect to third persons, who are not parties to the contract, and specially in execution proceedings, the house is considered as immovable property. May a house be subject of a chattel mortgage?

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