Page 88 - Demo

Interesting facts about enforcement of civil case judgment87Can a creditor request for seizure of land whose ownership/possessoryright is in the name of the judgement debtor%u2019s de facto husband/wife?No.3No.4%u0009 Anenforcementofficercannotseizelandthathasbeenjointlyacquiredor obtained while a couple is living together as husband or wife but its ownership is not in the judgement debtor%u2019s name.Can a creditor request for seizure of land that the debtor hasmortgaged with a bank or another person? Any mortgaged properties could be seized by any judgement creditors. However,whenthemortgageefilesapetitiontotheCourtrequestingmortgagerepayment and the Court make an order to permit, the mortgagee shall be in preference of receiving the payment from the auction after deducted the enforcement costs. If any money remains the judgement creditor may receive it for the debt repayment. Unless the mortgagee makes a statement allowing to sell the properties with mortgage, the money from the auction after deducted the enforcement costs shall be paid to the judgement creditor. In additional, the judgement creditor has the right to receive the deposit back.QuestionAnswerQuestionAnswer