Definitions
- Banks: Include various banking institutions performing banking functions in the Philippines.
- Mortgage: Contract using real property as security for debt.
- Mortgagor: Owner pledging property as security.
- Mortgagee: Holder of mortgage rights, usually banks/financial institutions.
- Foreclosure: Procedure terminating mortgagor’s rights via sale on default.
- Redemption: Mortgagor’s act of reclaiming property post-foreclosure.
- Right of Redemption: Mortgagor’s legal right to redeem within set periods post-sale.
- Equity of Redemption: Right to redeem property before foreclosure sale confirmation.
Scope of Application
- Covers all agricultural lands subject to mortgage or foreclosure.
- Excludes cases where mortgagee is already registered title owner at acquisition start.
Mortgagee as Landowner
- Mortgagee is new landowner if:
a) They purchased the foreclosed property and redemption period expired.
b) Foreclosure sale confirmed by court if only equity of redemption applies.
Mortgagee as Lien-holder
- Mortgagee considered lien-holder if:
a) Mortgage debt not due.
b) Debt due but no foreclosure initiated.
c) Foreclosure occurred but redemption period ongoing or sale not confirmed.
Title Consolidation Procedures
- Mortgagee may cancel mortgagor’s title and issue new title after redemption period or court confirmation.
- Failure to issue title triggers transfer to government per DAR AO 2 (1996).
- Supporting documents required include court orders or affidavits of non-redemption.
Payment of Fees and Charges
- Taxes, fines, penalties, registration fees, and other charges must be paid before title registration.
- If mortgagee fails to pay within 15 days after notice, Land Bank of the Philippines (LBP) deducts these from claim proceeds.
Rights and Privileges of Mortgagee
- As new landowner:
- Receive official notices and correspondence.
- Exclusive transaction rights with DAR/LBP.
- Recipient of cash/bond deposits.
- Receive land transfer claim proceeds minus deductions.
- As lienholder:
- Collect payment up to compensation value.
- Receive notices regarding mortgagor’s obligations.
Obligations of Mortgagee
- As new landowner:
- Comply with claim processing including surrender of original title copy.
- Sign all required land transfer documents.
- As lienholder:
- Issue mortgage release or redemption deed post-payment.
- Sign documents to cancel mortgage.
Sanctions for Non-compliance
- Proceeds withheld from landowner or lienholder until obligations met.
Operating Procedures (Mortgagee as Landowner)
- Steps include claim processing by DAR/LBP, notice issuance, consolidation of ownership, acceptance/rejection of valuation, title issuance, and payment processing.
- Detailed documentary requirements such as CARP forms and affidavits for consolidation and title issuance are mandated.
Procedure When Mortgagee is Lienholder
- If redemption period not expired or sale unconfirmed, mortgagee paid mortgage debt up to compensation value.
- Applies guidelines from DAR AO 2 (1996).
Repealing Clause
- All inconsistent previous orders, circulars, and memoranda revoked or amended.
Effectivity
- Order effective 10 days after publication in two national newspapers as mandated by law.