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MAGNA FINANCIAL SERVICES GROUP v. ELIAS COLARINA

This case has been cited 1 times or more.

2008-12-18
AUSTRIA-MARTINEZ, J.
By causing the auction sale of the mortgaged properties, respondent effectively adopted and pursued the remedy of extra-judicial foreclosure,[50] using the writ of replevin as a tool to get hold of the mortgaged properties.[51]  As emphasized in Bachrach, one effect of respondent's election of the remedy of extra-judicial foreclosure is its waiver of the remedy of collection of the unpaid loan.