The court followed the reasoning in Moda that Rule 348A does not apply to foreclosure proceedings or to sale of immovable property declared specially…
Cited for the proposition that mortgage bonds form, by prescription of law, an intrinsic aspect of title.
Court applies the holding that Rule 348 A is not applicable to foreclosure proceedings.
Court follows the principle that rule 348A does not apply in foreclosure proceedings and is not applicable where property was surrendered as security.
The court followed this case in holding that rule 348 (5a) does not apply to especially executable property and to foreclosure on such properties.
Applied to establish that a mortgagor's primary duty is to pay the secured debt and that mortgage bonds provide real security to the creditor, whose rights…