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Solid Builders, Inc v. China Banking Corporation concerns the foreclosure of a real estate mortgage. The court ruled that foreclosure alone does not constitute irreparable damage to merit a preliminary injunction for the debtor-mortgagor. While the property was foreclosed, respondents retained the right to redeem the property and receive surplus from any sale price after foreclosure under extrajudicial proceedings.
Solid Builders, Inc v. China Banking Corporation concerns the foreclosure of a real estate mortgage. The court ruled that foreclosure alone does not constitute irreparable damage to merit a preliminary injunction for the debtor-mortgagor. While the property was foreclosed, respondents retained the right to redeem the property and receive surplus from any sale price after foreclosure under extrajudicial proceedings.
Solid Builders, Inc v. China Banking Corporation concerns the foreclosure of a real estate mortgage. The court ruled that foreclosure alone does not constitute irreparable damage to merit a preliminary injunction for the debtor-mortgagor. While the property was foreclosed, respondents retained the right to redeem the property and receive surplus from any sale price after foreclosure under extrajudicial proceedings.
Doctrine: Foreclosure of a real estate mortgage is not an irreparable damage that will merit for the debtor-mortgagor the extraordinary provisional remedy of Preliminiary Injunction Rationale: All is not lost for defaulting mortgagors whose properties were foreclosed. The respondents will not be deprived outrightly of their property, under the right of redemption. Moreover, in extrajudicial foreclosures, mortgagors have the right to receive any surplus in the selling price