2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART II-A - Timeshare (§§ 1251 — 1269d) › Chapter 147 - Puerto Rico Timeshare and Vacation Club Act (§§ 1251 — 1269d) › Subchapter XIII - Non-Judicial Procedure for Foreclosure and Sale (§§ 1268g — 1268n) › § 1268n - Alternate judicial procedure

(a) In lieu of the non-judicial foreclosure proceeding, the foreclosing creditor may file a petition before a court of competent jurisdiction in Puerto Rico, requesting the entry of judgment and an order of execution and public sale of the individual accommodation, real property timeshare or vacation club right subject to the lien being foreclosed, in accordance with the applicable provisions of the Mortgage Law and the Rules of Civil Procedure of Puerto Rico, including Rule 60, irrespective of the amount in controversy. The process will be initiated by filing a petition under oath or affirmation, under penalty of perjury stating that:
(1) The debtor or titleholder of the timeshare or vacation club right, if different, has not paid the indebtedness secured by the lien;
(2) the date of notification of the certificate of attachment together with evidence of mailing and receipt of the certified letter sent pursuant to § 1268h of this title;
(3) the term to contest the attachment has lapsed and the debtor or owner of the timeshare or vacation club right has not contested the procedure as provided in § 1268i of this title; and
(4) the claim is made in good faith and based on the mortgagee’s or creditor’s records, and
(5) the amount of the unpaid debt.
The petition shall include true and correct copies of the documents described in clauses (a), (b) and (c) of subsection (2) of § 1268 l of this title, which must be certified under oath or affirmation in the petition.
(b) The debtor or titleholder of the individual accommodation, real property timeshare or vacation club right shall be notified by the creditor with a copy of the petition in the manner provided by the Rules of Civil Procedure, after which, said debtor may serve on the creditor a response, which shall likewise be under oath or affirmation, under penalty of perjury, and which must state:
(1) That it is the debtor or owner of the individual accommodation, real property timeshare or vacation club right;
(2) that the amount claimed is not owed, either because of payment or because the amount owed is less than the amount claimed by the creditor, in which cases the evidence of payment must be attached to the response;
(3) any facts or circumstances to establish that creditor is not entitled to judgment under applicable law.
If the debtor pleads any of the aforementioned defenses, the response shall include true and exact copy of the evidence supporting the defenses.
(c) The court shall examine the petition and the response together with the evidence submitted by the parties in support of their respective positions and, unless a genuine issue as to a material fact is evident there from, or if the creditor is not otherwise entitled to judgment as a matter of applicable law, the court shall enter judgment for the creditor.
(d) Upon the judgment becoming final and unappealable, the creditor may move the court for an order decreeing the public sale of the right attached, which shall be carried out as provided in the Mortgage Law of Puerto Rico and the corresponding Rules of Civil Procedure of Puerto Rico.
(e) If from the documents before the court it appears that that [sic] a genuine issue as to a material fact does exist or that the creditor is not entitled to judgment as a matter of applicable law, the matter will continue as any regular adversary proceeding.
History —Dec. 26, 1995, No. 252, added as § 13-108 on July 29, 2010, No. 106, § 10.