This case has been cited 1 times or more.
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2006-03-17 |
AUSTRIA-MARTINEZ, J. |
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| This rule presupposes several heirs of the debtor or creditor[25] and therefore not applicable to the present case. Furthermore, what the law proscribes is the foreclosure of only a portion of the property or a number of the several properties mortgaged corresponding to the unpaid portion of the debt where, before foreclosure proceedings, partial payment was made by the debtor on his total outstanding loan or obligation. This also means that the debtor cannot ask for the release of any portion of the mortgaged property or of one or some of the several lots mortgaged unless and until the loan thus secured has been fully paid, notwithstanding the fact that there has been partial fulfillment of the obligation. Hence, it is provided that the debtor who has paid a part of the debt cannot ask for the proportionate extinguishment of the mortgage as long as the debt is not completely satisfied.[26] In essence, indivisibility means that the mortgage obligation cannot be divided among the different lots,[27] that is, each and every parcel under mortgage answers for the totality of the debt.[28] | |||||