Kayden Realty

11/05/2026

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𝗜𝗙 𝗬𝗢𝗨 𝗗𝗜𝗘 𝗪𝗜𝗧𝗛 𝗔𝗡 𝗨𝗡𝗣𝗔𝗜𝗗 𝗛𝗢𝗨𝗦𝗜𝗡𝗚 𝗟𝗢𝗔𝗡, 𝗧𝗛𝗜𝗦 𝗜𝗦 𝗪𝗛𝗔𝗧 𝗛𝗔𝗣𝗣𝗘𝗡𝗦.

🏠 𝗧𝗵𝗲 𝗛𝗮𝗿𝗱 𝗧𝗿𝘂𝘁𝗵

Under Philippine law, a mortgage is 𝘯𝘰𝘵 extinguished by the death of the borrower. The loan obligation passes on to the deceased person's estate — that means all their remaining assets and liabilities are pooled together and settled before anything is inherited.

Articles 774 and 776 of the Civil Code of the Philippines are clear: the inheritance includes all the property, rights, 𝘢𝘯𝘥 obligations of a person that are not extinguished by death. Utang is included.

⚖️ 𝗪𝗵𝗮𝘁 𝗛𝗮𝗽𝗽𝗲𝗻𝘀 𝘁𝗼 𝘁𝗵𝗲 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆?

The heirs generally have two paths:

Pay off or continue servicing the mortgage — either from the estate's assets or by assuming the loan (subject to the bank's approval).

If they can't pay, the bank or lender can foreclose on the property. If the foreclosure sale price exceeds the debt, the surplus goes to the estate. If it falls short, the estate may still be liable for the deficiency depending on the remedy the creditor chose.

💡 𝗞𝗲𝘆 𝗣𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻 𝗳𝗼𝗿 𝗛𝗲𝗶𝗿𝘀

Here's something a lot of people don't know: under Article 1311 of the Civil Code, heirs are 𝘯𝘰𝘵 personally liable beyond the value of the property they received from the deceased. So if the debts exceed the estate's total value, the heirs' own personal assets are protected. They don't shoulder the excess.

🛡️ 𝗧𝗵𝗲 𝗦𝗮𝗳𝗲𝘁𝘆 𝗡𝗲𝘁: 𝗠𝗼𝗿𝘁𝗴𝗮𝗴𝗲 𝗥𝗲𝗱𝗲𝗺𝗽𝘁𝗶𝗼𝗻 𝗜𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲 (𝗠𝗥𝗜)

This is where things get better. MRI is a type of life insurance that pays off the remaining mortgage balance if the borrower dies. MRI is now mandatory when applying for a housing loan in the Philippines — whether through a bank or Pag-IBIG.

If the deceased borrower had an active MRI, the insurance pays the lender directly, and the loan is considered fully paid. The heirs inherit the property 𝘧𝘳𝘦𝘦 𝘰𝘧 𝘵𝘩𝘦 𝘮𝘰𝘳𝘵𝘨𝘢𝘨𝘦.

That said, MRI coverage depends on the policy. A lower premium means less coverage, so it won't always wipe out the full balance. It's worth checking your policy's terms.

✅ 𝗪𝗵𝗮𝘁 𝗬𝗼𝘂 𝗦𝗵𝗼𝘂𝗹𝗱 𝗗𝗼 𝗡𝗼𝘄

→ Check if you or your loved one has an active MRI tied to your housing loan.
→ If you're an heir, notify the bank immediately and discuss your options — restructuring, assumption, or settlement.
→ Consult a lawyer for estate settlement, especially for larger or disputed estates.

The best time to prepare for this is 𝘣𝘦𝘧𝘰𝘳𝘦 it happens. Know your policy. Know your rights.

📌 𝗥𝗲𝗳𝗲𝗿𝗲𝗻𝗰𝗲𝘀
• Civil Code of the Philippines (R.A. No. 386), Articles 774, 776, 781, and 1311
• Rules of Court, Rule 86, Section 7 (Mortgage debt due from estate)
• PNB v. Court of Appeals, G.R. No. 121597

👉 Follow Phil. Property Expert for more discussions like this.

09/05/2026

Heartfelt mother’s day wish! 💙

10/04/2026

Site Visit, SMDC Charm Residences Cainta Rizal

We have units For Sale / For Lease
📍 https://maps.app.goo.gl/hxjasFkJP8xcVJMu9?g_st=ic

For Inquiries:
[email protected]
Viber +639618920026

03/04/2026

the power to push thru things that are hard

29/03/2026

Open for Lease by May 1st 2026
Cubao QC, Manhattan Plaza 1
Location: https://maps.app.goo.gl/U8mKiVDUJADYQJgR7
Developer: Megaworld Corporation

Php 19,000 per month, 1+1+PDC's
Direct to Owner

DM for Inquiries

27/03/2026

We take care of your condo like it’s our own ❤️
Another successful lease with our Bulacan tenants, plus a fresh, clean unit after move-out ✨

Do you have condominium for lease, drop us a message

Email: [email protected]
Viber: 09618920026

16/03/2026

09/03/2026

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PLANNING TO BUY LAND OR A HOUSE AND LOT? DO YOUR DUE DILIGENCE FIRST.

One of the most common mistakes buyers make is paying a reservation fee or down payment without verifying the property first. Many legal disputes start because buyers rely solely on the seller’s word.

Before buying any real property in the Philippines, conduct proper due diligence to protect your money and avoid future problems.

Here are the basic steps every buyer should do:

1. Verify the Title at the Registry of Deeds

Ask for a copy of the Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT).

Go to the Registry of Deeds and request a Certified True Copy. This allows you to verify:
• if the title is genuine
• who the registered owner is
• if there are mortgages, liens, or encumbrances

Never rely only on a photocopy from the seller.

2. Check for Encumbrances

Look at the back portion of the title.

Check if the property is:
• mortgaged to a bank
• subject to a court case
• covered by a notice of levy or lis pendens

If there is a mortgage, the bank must first release the property before transfer.

3. Verify the Tax Declaration and Real Property Taxes

Visit the City or Municipal Assessor’s Office and verify the Tax Declaration.

Then go to the Treasurer’s Office and check if the Real Property Taxes are updated.

Unpaid taxes can become your problem after the purchase.

4. Inspect the Property Personally

Never buy property without visiting the actual location.

Check:
• who is occupying the property
• if there are informal settlers
• if there are boundary disputes with neighbors

Possession issues can create serious legal problems.

5. Verify the Identity of the Seller

Make sure the seller is the registered owner on the title.

Ask for:
• valid government IDs
• marital status
• spouse’s consent if married

Under Philippine law, spousal consent is usually required in selling conjugal property.

6. Check if the Property is Part of an Estate

If the registered owner is already deceased, the property cannot be sold directly by the heirs unless the estate has been properly settled.

You must verify documents such as:
• Extrajudicial Settlement of Estate
• Deed of Partition
• Estate Tax clearance

Otherwise, the transfer may later be challenged.

7. Use Proper Documentation

Avoid informal agreements.

Always use proper documents such as:
• Contract to Sell
• Deed of Absolute Sale
• Acknowledgment before a Notary Public

Improper documentation can invalidate the transaction.

Final Advice

Buying property is one of the biggest financial decisions you will make. A simple verification can save you from years of litigation and financial loss.

If you are unsure about the documents or the process, it is always best to consult a lawyer before signing anything.

⸻

Know the law. Protect your investment.

06/03/2026

Save the Builders

36.6K likes, 437 comments. “How the UAE Protects stay safe everyone.”

02/03/2026

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