However, the debtor should exercise reasonable caution and preferably seek legal advice before signing mortgage mortgage contracts with De Dragnet clauses. The payment of the principal loan initially contemplated by the parties will not necessarily allow it to require the release of the mortgage if the guarantee contract clearly contains the blanket clause. Even if another guarantee is granted for a subsequent loan, this will not necessarily remove that credit from the Dragnet clause`s scope of activity in the previous real estate credit contract, as long as the terms of the Dragnet clause are clear. A security clause extended in a credit contract. “In the case of the bar, Dragnet`s clauses in the security agreements were sufficiently broad, clear and unambiguous. You did notify the debtor that the guarantee agreement covers all of the debtor`s obligations with the credit union. Many debtors are not aware of “Dragnet clauses” just to find out as much after bankruptcy. Dragnet clauses are “cross-collateralization” clauses that are generally used by credit unions to secure other contractual obligations against collateral that did not exist at the time of the initial security agreement. What should he have done to protect himself in the example above? The simple answer is that, when she lent to the borrower, she should have taken positive steps to effectively inform Lender A that she had made such a loan. If, subsequently, Lender A had intended, under the Dragnet clause, to grant an optional additional loan to the borrower in order to maintain priority over the additional loan, he would have had to obtain a subordination agreement from Lender B confirming the priority security interests of Inseder A lenders.
However, in the context of bankruptcy, there are ways to circumvent Dragnet`s clauses. In Chapter 7, withdrawal offers the solution of paying only the fair value of the vehicle, regardless of the amount and number of counter-debts. In addition, the amount of repayment must be fully paid during the bankruptcy and usually requires a court decision, but fortunately, there are companies that specialize in offering the lump sum payment in return for financing with a new loan on the vehicle. Below are examples of the clause`s case law: the Dragnet clause has been systematically validated in a long series of Philippine jurisprudence.