SECTRANDS Flashcards
DEF OF PLEDGE
it is a delivery of an movable to secure an obligation
DEF OF REM
it is a delivery of an immovable to secure an obligation
REQUISITE OF PLEDGE
Security, Free Disposal, Absolute Owner , Alienation, Public Instrument, Delivery (SOFA-PD)
REQUISITES OF REM
Security, Absolute Owner, Free Disposal, Alienation, Registration (Possession by the Mortgagee is not required)
NATURE OF PLEDGE
Real, Accessory, Unilateral, Subsidiary, Indivisible
NATURE OF REM
Real, Accessory, Subsidiary
FORM OF REM
No form for Validity but must be in writing to bind TP
FORM OF PLEDGE
No form for Validity but must be in writing to bind TP
SUBJ MATTER OF PLEDGE
MOVABLE: FUTURE PROPERTY NOT ALLOWED. THE PLEDGOR MUST BE THE ABSOLUTE OWNER
SUBJ MATTER OF REM
IMMOVABLE OR REAL RIGHTS: FUTURE PROPERTY IS NOT ALLOWED: EXCEPT FUTURE IMPROVEMENT
EXTENT OF PLEDGE
INTEREST, EARNINGS;OFFSPRING (EWS)
EXTENT OF REM
EXTENDS TO FRUITS, ACCESSORIES AND OFFSPRINGS
CONSIDERATION OF PLEDGE
PLDEGOR, DETOR; PRINCIPAL CONTRACT.
TP PLEDGOR: LIBERALITY
CONSIDERATION OF REM
SAME AS THE PRINCIPAL CONTRACT
PROCEDURE OF REM
- EXECUTE
2.NOTRAIZE - DOC STAMP TAX
4.REGISTRY OF THE DEEDS - ANNOTATE