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Question 16
16. A and B got married in 1991 without a pre-nuptial agreement. In 1997, A forged B’s
signature on the promissory note covering the loan she obtained from P Commercial
Bank (PCB) for her printing business. She also forged his signature on the real estate
mortgage constituted over three parcels of land which were acquired during their
marriage. A subsequently failed to pay the loan, so PCB foreclosed the mortgage.
4
The three parcels of land were sold to PCB, the highest bidder. Upon learning of the
mortgage and sale, B filed a complaint to nullify the real estate mortgage and cancel
the certificate of sale, contending that the same were void since he did not consent
to the real estate mortgage. Is B correct? Reason(s).
Model answer · ALAC
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