This case has been cited 1 times or more.
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2013-04-08 |
PEREZ, J. |
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| Proceedings for the extrajudicial foreclosure of mortgages are also not adversarial; as the executive judge merely performs therein an administrative function to ensure that all requirements for the extrajudicial foreclosure of a mortgage are satisfied before the clerk of court, as the ex-officio sheriff,[119] goes ahead with the public auction of the mortgaged property.[120] Necessarily, the orders of the executive judge in such proceedings, whether they be to allow or disallow the extrajudicial foreclosure of the mortgage, are not issued in the exercise of a judicial function but, in the words of First Marbella Condominium Association, Inc. v. Gatmaytan: x x x issued by the RTC Executive Judge in the exercise of his administrative function to supervise the ministerial duty of the Clerk of Court as Ex Officio Sheriff in the conduct of an extrajudicial foreclsoure sale x x x.[121] | |||||