Amendment on Sale and Redemption of Mortgaged Property

The purchaser can petition the Court of First Instance of the property's location to gain possession during the redemption period.
The petitioner must post an amount equivalent to the property's use for 12 months as indemnity to the debtor.
The petition is made under oath via ex parte motion in registration or cadastral proceedings if the property is registered.
For mortgages registered under the Mortgage Law or equivalent provisions, special proceedings apply.
The clerk of court collects the required fees as specified by relevant fee acts.
Upon bond approval, the court orders issuance of a writ of possession executed immediately by the provincial sheriff.

The debtor may petition within 30 days after purchaser's possession to set aside the sale and cancel the writ of possession.
The petition must specify damages suffered and assert either no mortgage violation or procedural non-compliance.
The court uses summary procedure under Section 112 of Act No. 496 to decide such petitions.
If justified, the court orders disposition in favor of the debtor for all or part of the bond furnished by the purchaser.
Appeals may be filed according to Section 14 of Act No. 496, but possession order remains effective during appeal.

If the property is redeemed after possession is granted to the purchaser:
- The redeemer may deduct rentals collected if the property was rented.
- If the purchaser occupied the property as a dwelling (town) or used it gainfully (rural), redeemer may deduct interest of 1% per month as per Section 465 of the Code of Civil Procedure.