2016 Civil Law, Q11

Ellen entrusted her title over the lot where she is residing to Patrick, her nephew, for safekeeping because of her poor eyesight. Patrick, a gambler, prepared a Special Power of Attorney empowering him to mortgage the lot. Ellen’s signature was forged. With the help of Julia who represented herself as Ellen, Mega Bank granted a loan to Patrick secured by a mortgage on Ellen’s lot. Due to non-payment, Mega Bank foreclosed the mortgage and was declared the highest bidder. Title was later registered in the name of the bank. When Ellen was notified that she should vacate the premises, she filed a complaint to nullify the loan with mortgage, the auction sale and the title of Mega Bank on the ground that the bank is not a mortgagee in good faith. Decide the case with reasons. (5%)

Quick check

Under Section 52 of Presidential Decree No. 1529, what is the legal status of a mortgage contract executed through a forged Special Power of Attorney?

What standard of diligence is required of commercial banks when granting loans secured by real estate mortgages?

Why is a commercial bank precluded from claiming the status of a mortgagee in good faith when taking a forged mortgage?

What is the legal effect of an extrajudicial foreclosure sale based on a void and forged real estate mortgage?

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Why did Ellen's complaint to nullify Mega Bank's mortgage, auction sale, and registered title prosper?

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1. Forged Power Attorney
Under Section 52 of Presidential Decree No. 1529 and established civil jurisprudence, a forged special power of attorney is completely null and void and conveys no legal title or authority whatsoever. Where an agent fraudulently executes a contract of mortgage over real property using a forged power of attorney, the resulting mortgage contract is void ab initio as against the true registered owner whose signature was falsified. Consequently, no valid lien or encumbrance attaches to the registered property by virtue of the forged instrument.

2. Banking Extraordinary Diligence
While ordinary mortgagees dealing with registered land are generally permitted to rely in good faith on the certificate of title, commercial banking institutions are held to a much higher standard of extraordinary diligence. Because the banking business is deeply impressed with public interest, banks cannot rely solely on a Torrens title or an presented special power of attorney. A bank is required to conduct a thorough ocular inspection of the property, ascertain the actual possessor's authority, and rigorously verify the authenticity of the power of attorney.

3. Mortgagee Good Faith
A mortgagee in good faith is one who takes a mortgage on real property without notice of any flaw or defect in the mortgagor's title or authority. However, when a bank fails to observe extraordinary diligence by failing to inspect the mortgaged property or verify the identity and authority of the principal, it cannot claim the status of a mortgagee in good faith. An invalid mortgage executed by a bank in bad faith renders any subsequent foreclosure sale, certificate of sale, and derivative title completely null and void.

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