PLEDGE OR MORTGAGE INDIVISIBLE, EXCEPTIONS
Art. 2089. A pledge or mortgage is indivisible, even though the debt may be divided among the successors in interest of the debtor or of the creditor.
Therefore, the debtor’s heir who has paid a part of the debt cannot ask for the proportionate extinguishment of the pledge or mortgage as long as the debt is not completely satisfied.
Neither can the creditor’s heir who received his share of the debt return the pledge or cancel the mortgage, to the prejudice of the other heirs who have not been paid.
From these provisions is expected the case in which, there being several things given in mortgage or pledge, each one of them guarantees only a determinate portion of the credit.
The debtor, in this case, shall have a right to the extinguishment of the pledge or mortgage as the portion of the debt for which each thing is specially answerable is satisfied. (1860)
Art. 2090. The indivisibility of a pledge or mortgage is not affected by the fact that the debtors are not solidarily liable. (n)
PLEDGE OR MORTGAGE INDIVISIBLE
> Rule applies even if the obligation is joint and not solidary
> The divisibility of the principal obligation doesn't affect the indivisibility of the mortgage or pledge
EXCEPTIONS TO THE RULE OF INDIVISIBILITY
1. Where each one of several things guarantees determinate portions of credit
2. Where only a portion of the loan was released
3. Where there was failure of consideration
4. Where there is no debtor-creditor relationship
FORECLOSURE OF MORTGAGE CONSTITUTED ON SEVERAL PROPERTIES
> A mortgage even constituted on several properties is one and indivisible, that is, it cannot be divided among the several properties and the mortgagee has the right to have the properties either or both, jointly or singly, sold to satisfy his claim
> Further, the sale of the mortgaged properties cannot be set aside in the absence of evidence to show that a better price could have been obtained if they were sold separately, or the sale of one or some alone would bring sufficient proceeds to satisfy the mortgage credit