2016 (Remedial Law) Bar Exam Questions: Question 9

[Answer/discuss the question below, or see 2016 bar exam Remedial Law Instructions; 2016 Mercantile Law questions: 12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]


[a] Is the buyer in the auction sale arising from an extra-judicial foreclosure entitled to a writ of possession even before the expiration ofthe redemption period? If so, what is the action to be taken? (1%)

[b] After the period of redemption has lapsed and the title to the lot is consolidated in the name ofthe auction buyer, is he entitled to the writ of possession as a matter o f right? If so, what is the action to be taken? (2%)

[c] Suppose that after the title to the lot has been consolidated in the name of the auction buyer, said buyer sold the lot to a third party without first getting a writ of possession. Can the transferee exercise the right of the auction buyer and claim that it is a ministerial duty ofthe court to issue a writ ofpossession in his favor? Briefly explain. (2%)

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