This case has been cited 1 times or more.
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2011-12-07 |
TOSINO v. SPS. ANDRES T. ROSARIO AND LENA DUQUE-ROSARIO AND BANCO FILIPINO SAVINGS AND MORTGAGE BANK
LEONARDO-DE CASTRO, J. |
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| It is a well-settled rule that a purchaser or mortgagee cannot close his eyes to facts which should put a reasonable man upon his guard, and then claim that he acted in good faith under the belief that there was no defect in the title of the vendor or mortgagor. His mere refusal to believe that such defect exists, or his willful closing of his eyes to the possibility of the existence of a defect in the vendor's or mortgagor's title, will not make him an innocent purchaser or mortgagee for value, if it afterwards develops that the title was in fact defective, and it appears that he had such notice of the defects as would have led to its discovery had he acted with the measure of precaution which may be required of a prudent man in a like situation. [81] | |||||