Who should prove deficiency or excess in foreclosure sale?

In demanding payment of a deficiency in an extrajudicial foreclosure of mortgage, proving that there is indeed one and what its exact amount is, is naturally a precondition thereto. The same goes with a claim for reimbursement of foreclosure expenses. In this regard, it is elementary that the burden to prove a claim rests on the party asserting such. Ei incumbit probatio qui dicit, non qui negat. He who asserts, not he who denies, must prove.[1] In In MBTC v. CPR Promotions, due to failure of the alleging party to adequately substantiate its claims, the High Court decided not to sustain the findings of the trial court that respondents are liable for the claimed deficiency, inclusive of foreclosure expenses. Neither did the Court sustain the Court of Appeals' finding that respondents are entitled to the recovery of the alleged excess payment.[2]

[1] Resort Hotels Corporation v. Development Bank of the Philippines, G.R. No. 180439 December 23, 2009, 609 SCRA 16; citing Homeowners Savings and Loan Bank v. Dailo, G.R. No. 153802, March 11, 2005.

[2] G.R. No. 200567, June 22, 2015.

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