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BPI FAMILY SAVINGS BANK, INC., PETITIONER, VS. SPOUSES BENEDICTO & TERESITA YUJUICO, RESPONDENTS.

BPI FAMILY SAVINGS BANK, INC., PETITIONER, VS. SPOUSES BENEDICTO & TERESITA YUJUICO, RESPONDENTS.

G.R. No. 175796 | 2015-07-22

FIRST DIVISION
 
D E C I S I O N
 
BERSAMIN, J.:
 
An action to recover the deficiency after extrajudicial foreclosure of a real property mortgage is a personal action because it does not affect title to or possession of real property, or any interest therein.
 
The Case
 
This appeal is taken by the petitioner to overturn the decision promulgated on March 31, 2006,[1] whereby the Court of Appeals (CA) set aside the orders issued by the Regional Trial Court, Branch 60, in Makati City (Makati RTC) on October 17, 2003[2] and February 1, 2005[3] dismissing their action against the respondents to recover the...