Entitlement to a writ of possession after foreclosure

It is settled that, after the consolidation of title in the buyer's name for failure of the mortgagor to redeem the property, entitlement to a writ of possession becomes a matter of right, such possession being founded on the right of ownership, and its issuance may not be stayed by a pending action for annulment of mortgage or the foreclosure itself. Neither can such issuance be enjoined on the basis of the claim of intervenors who are not third parties holding the properties by adverse title or right, such as that of a co-owner, tenant or usufructuary.

In the case of Spouses Li v. BPI (G.R. No. 195743. January 20, 2014), as the Decision of the trial court nullifying the foreclosure proceedings was pending appeal, and that Marilyn and Joseph were not proper third parties in contemplation of the law but are mere creditors of the mortgagors, Vicente and Carmelita, the writ of possession must perforce be issued in favor of respondent.


[1] Tolosa v. United Coconut Planters Bank, G.R. No. 183058, April 3, 2013, 695 SCRA 138, 146.
[2] Lam v. Metropolitan Bank and Trust Company, G.R. No. 178881, February 18, 2008, 546 SCRA 200, 206.
[3] Bank of the Philippine Islands v. Tarampi, G.R. No. 174988, December 10, 2008, 573 SCRA 537, 543-544.
[4] China Banking Corporation v. Lozada, G.R. No. 164919, July 4, 2008, 557 SCRA 177, 202-203.