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CAUSE NO.
ORIENTAL BANK § IN THE DISTRICT COURT
Plaintiff, §
v. DENTON COUNTY, TEXAS
Hector Daniel Costa Madera, et. al
Defendant JUDICIAL DISRICT
AFFIDAVIT OF FILING OF FOREIGN JUDGMENT
1. lam over the age of 18 and competent to testify as to the matters contained
herein.
2. 1 am authorized to sign this affidavit on behalf of Apex Bank (Hereinafter
Judgment Creditor), which is the servicing agent and owner/holder of the judgment taken by
Oriental Bank that derived from the subject loan. See attached a true and correct copy of the
Note as Exhibit “A”. In my capacity and in performing my duties, I have access to the business
records of Apex Bank, including the business records for and relating to the loan that is the
subject of this Debt described herein. The facts stated in this Affidavit are also within my
personal knowledge and based on my employment with Apex Bank, my responsibilities in said
position and my review of the business records maintained by Apex Bank.
3. Information contained in this AFFIDAVIT is obtained from records kept by Apex
Bank in the regular course of business, and it was the regular course of business for an employee
or representative of Apex Bank with knowledge of the act, event, condition, opinion, or
diagnosis, recorded to make the records or to transmit information thereof to be included in such
records; and the records were made at or near the time or reasonably soon thereafter.
4. Oriental Bank sued Hector Daniel Costa Madera, Ana Beatriz Oliveras Perez and
Affidavit of Filing Foreign Judgment
Page 1 of 3the Legal Community Partnership owned by both of them (Hereinafter Judgment Debtor) in the
Commonwealth of Puerto Rico Court of First Instance, Ponce Room and in whose favor the
attached judgment was entered by the court, against Judgement Debtor. According to the
judgment, the Judgment Debtor is ordered to pay the following:
$ 211,851.20 in principal plus interest that accrues at 6.5% per annum from October 1,
2016
$ 89.78 in escrow balance
$ 799.69 in late charges
$ 27,500.00 for costs, expenses and attorney’s fees plus additional fees and costs
See a certified of the Judgment attached hereto as Exhibit “B.”
5. According to the business records of Apex Bank, each Judgment Debtor’s last
known address is as follows:
Hector Daniel Costa Madera
2701 Hudson Boulevard
The Colony, Texas 75056
Ana Beatriz Oliveras Perez
2701 Hudson Boulevard
The Colony, Texas 75056
6. Apex Bank’s address is 430 Montbrook Lane, Suite 207, Knoxville, Tennessee,
37919.
7. The name and address of the Apex Bank’s attorneys in Texas are as follows:
Robert D. Forster, IT
Barrett, Daffin, Frappier, Turner and Engel, LLP
4004 Belt Line Road., Suite 100
Addison, TX 75001
Affidavit of Filing Foreign Judgment
Page 2 of 3FURTHER AFFIANT SAYETH NAUGHT.
Pritts DLo contese
Affiant Printed Name
mf
Title
SWORN TO and subscribed before me_ this oth day of Félbeuany , 204, by
Sonnet Cucorese sas an sve of Apex Bank,
He’ she (is personally known to me or() produced —__ - as identification.
(Official Seah
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. Notary Public
My commission expires: frpvil 30 O19
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Affidavit of Filing Foreign Judgment Si
Page 3 of 3EXHIBIT Aus$ 275,000 SAN JUAN » Puerto Rico
Cay {ude .
- FOR VALUE RECEIVED, the undersigned (‘Borrower’) promise(s) topay BANCO BILBAO VIZCAYA
~ POR VALOR RECIBIDO, e! (les) suscribiente(s) (Deudor) promete(n) pagar @- |___ BANCO BILBAO VIZCAYA
ARGENTARIA PUERTO RICO
—----------or order, ‘tne principal sum of
moe | _. 9. #84 orden, la suma de
|
Dollars with interest on the unpaid balance from the date of this Note, untii paid, at the rate of Six point
Hélaren: oom Inseroees soba of alrion Fite epost conden lectin dase Pagid Nae si pe kre
twenty five (6.25%) ——-—-—- aes per cent. per annum. Principal and interest shall be payable at
Por Giento anual. E) principal e intereses serén pagaderos en
‘“—-===:BANCO BILBAO VIZCAYA -ARGENTARTA PUERTO RICO—
such other place as the Note Holder may designate in writing, in consecutive monthly installments of One
Jo.en cualquier otro kigar que el tanedor de este Pagaré indique por escrito, en plazos mensuales y consecutivos de
thousand six hundred ninety three with twenty two Dollars(US$ 1,693.22 ), on the
moo tenes ne J. en of
first’ (1st.) day of each month beginning on = OCTOBER |
200 3 until the entire indebtedness evi-
primer (1et.) dla de cada mes comenzando en
hasta que se pague totalmente ia
denced hereby is fully paid, except that any remaining indebtedness, itinot ‘sooner paid, shall be due and payable on
deuda evidenclada por el presente, sino entes pagada, quedaré vencida y pagadera en
|
——— \de
|
First(1) day of September of two thousand thirty three (2033)
ee _—_ _
_ i A 7 peas
--If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a
— Si cualquier plazo mensual bejo este Pagaré no es pagado cuando vonza y peri impagado luego de la fecha especifcada en la
notice to Borrower, the entire principal amount outstanding and accrued interest thereon shall at once become
notificacién al Deudor, la suma total de princips| penciente do pago @ intoresos acumblados sobro la misma quedardn inmediatamente vencl +
due and payable at the option of the Note Holder hereof. The date specified shall not be less than thirty days
dos y pagaderos a opcién del tenedor de este Pagaré. La facha especibcada no saré anterior @ treinta dias # partir de le fecha de envio por
from the date such notice is mailed. —
correo de dicha notificacién. —
The Note Holder may exercise this option to accelerate during any default by Borrower regardless of any prior
El tenedor de este Pagaré podré ejerciar esta opcién de aceleracién duranto ier incumplimiento del Deudor, no empece cualquier
rance, it is bi ji F it i ding
. If suit is brougnt to collect this Note, the Note Holder $hall be entitled to collect in such proceedin,
Tee er rocedtiat akon De radicarse procedimiento judicial para of } do esto Pagaré el tenedor de este Pagaré tendié dere -
the agreed and liquidated amount of ten per cent of the original| principal amount hereof to cover cost and
choa cobrar en dicho procedimiento la suma pacteda y liquide de diez por conto dee suma original de principal del presente para cubrir las
it, i jimited to, attorney’s fees- +
expenses of suit, including but not limite: , at e t
castas y gastos de dicho procedimiento, incluyendo, sin implicar limitacién, feherniy de abogado..
Borrower shail pay to the Note Holder a late charge of ---------+--five (5%): per of any sae
1 Deudor pagaré al tonedor de este Pagaré un catge por page atrasado di — (5%). pee cst pas
installment not received by the Note Holder within fifteen|(15) days after the installment is due.
aoe alse par el ened de este Pagarh den de uc (15 as spur do i fece do vencniono ee PSS
cipal ing i ire that any
‘inci nding in whole or part. The Note Holder may require
ee Seal ° pe El tenedor de este Pagaré podré requeris que
Borrower may re! - ent
Bees rard pepe por antjpado la tafe o ate det balance inside ,
installments are due and (ji) be in the amount of that part of
ial prey ments ()) be made on the date monthly instal be
Carne iene paras parisles (sean hechos ena fecha en que venzen plazas me sy (i) sean en la cuanile de squelie parte unoo
PUERTO RICO - 1 104 Family - 675 - FHMAJFHLMC UNIFORM INSTRUMENTone or more monthly installments which would be applicable to principal. Any partial prepayment shall be applied
més plazos mensuales que seria aplicable principal. ier pago parcial por anticipado seré aplicado
gainst : inci i f any subsequent monthly install-
a the principal amount outstanding shall not postpone the due date of any e
contra el principal : solute y no posponard is fecha de i imiento de cualquier plazo monsual subsiguiente ni cambiaré el monto de dichos
ents, unless the Note Holder shall otherwise agree in writing. Mf,
Jo contrario por escrito,
_ ments or change the amount of such instal
plazos, a menos que el tanedor de este Pagaré acuer
e undersigned makes any prepayments in any twelve month period
ithin five years from the date of this Note, us "
Sido : 6, los suscribientes hacen cualquior pago anticipado en cualquier parlodo de doce
Si dentro de cinco (5) afios desde la fecha de este Pa
e date of this ncte or anniversary dates thereof (“loan year’) with money lent to the undersigned
beginning with th
a ( atio dal préstamo’) con dineros prestados a los suscribientes por
meses comenzando con Ia fecha de este Fagaré 0 la de sus aniversarios
dersigned shall pay the holder hereof (a) during the first loan year
a lender other than the hoider hereof, the unt i
, ibiontes pagarén al tenedor del presente (a) durante ol primer afio del préstamo
un prestador que no sea el tenecor det presente, los 3
three (3%) per cent of the prepaid amount
tres por ciento (3%) de la cuantla prepagada, (b) dur:
prepaid amount, and (c) during the fourth and fifth loan years one (1%) per cent of the prepaid amount.-——--—
Y (¢) durante el cuarto y quinto afio del préstamo un iento (1%) de la cantidad prepagada... La
The above prepayment penalt; will not be enforced if this Note is sold by the holder hereof to The Federal Home
a jercitada si este Pagaré es vendido por el tenedor de este Pagaré a la “Federal Home Loan
) during the second and third loan years two (2%) per cent of the
el seguindo y tercer ario del préstamo dos por ciento (2%) de la cuantla prepagada,
—Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and
Por la presente se renuncian los derechos de pre: in, aviso de rechazo, y protesto por todos lo otorgantes, fiadores, garaptizadoras.y——-
endorsers hereof.. This Note shall be the joint and several obligation of all makers, sureties, g
endosantes del presente. Este Pagaré constituye la ién Solidaria de todos sus olrogantes, fiadores garantizadores y
endorsers, and shall be binding upon them and their heirs, personal representatives,
obliga asi como a sus herederos, representantes personales, sucesores y cesionarios.
Any notice to Borrower provided for in this Ncte shall be given by mailing such notice by
Cualquier notificacién al Deudor dispuesta en este Pagaré i i i
Propiedad que abajo se indica, 0 a cualquier otra direccién que el Deudor designe mediante nolifgacién
{ "23
to the Note Holder hereof. Any notice to the Note Holder shall be given by mailing such notice by certified ‘nail,
Cualquier notificacién al tenedor de este Pagaré 01 enviada por correo certificado, con acuse de recibo, al tenedor de este Pagaré «
fetum receipt requested, to the Note Holder hereof at the address stated in the first paragraph of this ,
la direccién indicada en el primer pérralo de este Pagaré, -
1
such other address as may have been designated by notice to Borrower. -
; |
t
© 4 cualquier otra direccién que se haya designado te notificacién al Deudor...
— The indebtedness evidenced by this Note is secured by a Mortgage, dated of even date herewith, on the
ta deuda evidenciada por este Pagaré esié garantizeda por una hipoteca, de fecha igual a la del presente, sobre
property as indicated in Deed number ---3179--
—— before the suscribing Notary.
Propiadad segiin indicada en le Escritura nimero —
"ante el Notario suscribionte.
Ae Mle.
“HECTOR DANIEL COSTA MADERA
; T
Ana BEATRIZ OLIVERAS PEREZ 7
Property Address Pay to the order o
Direccién de la Propiedad ALpe Crank
WitHout Recourse
Oriental Bagk ,
Signed and sealed as witness tle 4 ‘ “] ~~ (Execute Original Only)
HeFORS
A-9 ESTANCIAS DE VISTA BAHIA
PENUELAS, PR 00624
Borrower- Deudor
Firmado y sellado como testigo (Otréeguese el Original Solamente)
- Treasury Markets
AFFIDAVIT NUMBER: - 4244- Senior Analyst
Suscribed and acknowledged before me by HECTOR DANIEL COSTA MADERA AND ANA BEATRIZ
OLIVERAS PEREZ, ---of legal age married to each othér,
and residents of Ponce, ——. - Puerto Rico, and -
as identifying witness, of legal ade, employee and
resident of ——___________ Puerto Rico, whom I gi i
r = : give faith to personally know
in San Juan, Puerto Rico, this 73 ae days of August----------- of 2003,
( YY fe
OL 20 Ww Z iEXHIBIT B¢
[CERTIFIED TRANSLATION], page 1 of gcordero |
COMMONWEALTH OF PUERTO RICO GENERAL
COURT OF JUSTICE
COURT OF FIRST INSTANCE
PONCE-SUPERIOR PART
ORIENTAL BANK
PLAINTIFF CASE NO. J CD2017-0316 ROOM
NO.0601
vs.
ABOUT:
COSTA MADERA, HECTOR DANIEL FORECLOSURE
DEFENDANT
TO: LIC. DESEDA BELAVAL RAQUEL
rdeseda@delgadofernandez.com rdeseda@gmail.com
COSTA MADERA, HECTOR DANIEL
ESTANCIAS DE VISTA BAHIA
268 PASEO DEL PUERTO
PENUELAS PR 00624
OLIVERAS PEREZ, ANA BEATRIZ
ESTANCIAS DE VISTA BAHIA
268 PASEO DEL PUERTO
PENUELAS PR 00624
THE UNDERSIGNED CLERK HEREBY CERTIFIES AND NOTIFIES YOU THAT IN RELATION TO THE [A
LA]: CASE OF EPIGRAPH THIS COURT ISSUED A JUDGMENT ON
MAY 10, 2018.
A COPY IS ATTACHED OR A LINK IS INCLUDED:
FDO.EFRAIN DE JESUS
JUDGE
YOU ARE ADVISED THAT BY BEING A PARTY OR LEGAL REPRESENTATIVE IN THE
ITs JUDGMENT , YOU MAY
REVIEW OR CERTIORARI, AS PROVIDED BY LAW, WITH THE PROCEDURE
RULE OR REGULATION.
I HEREBY CERTIFY THAT THE DETERMINATION ISSUED BY THE COURT WAS F. eo?
2018 ,AND THAT A COPY WAS SENT TO THE PERSONS INDICATED ABOVE, AP/THEIR~REGESTERED
ADDRESSES IN ACCORDANCE WITH APPLICABLE REGULATIONS. ON THIS SAME-|DATE Pe -WaS-rrgp
INTO THE AUTOS FOR THE UNDERSIGNED CASE. gIN PONCE, PUERTO RICO, MAY 15, 2018.
LUZ MAYRA CARABALLO GARCIA By: Signed HILDA JANESSI ROSAD RODRIGUEZ
NAME OF REGIONAL
AOC1812 nified rm for Notifications, Judgments, Resolutions,
(November 2016COMMONWEALTH OF PUERTO RICO COURT
OF FIRST INSTANCE
PONCE ROOM
ORIENTAL BANK CIVIL NUM. J CD2017 0316 (601)
Plaintiff
HECTOR DANIEL COSTA MADERA, ANA About:
BEATRIZ OLIVERAS PEREZ and the Collection of money and
LEGAL COMMUNITY PROPERTY Foreclosure of Mortgage
PARNTERSHIP comprised — both SPOUSES
Respondent
SENTENCE
On May 4, 2017, Oriental Bank initiated the lawsuit by filing a Complaint for collection of
money and foreclosure against Héctor Daniel Costa Madera, Ana Beatriz Oliveras Perez and the Legal
|Community Partnership composed by both of them. Oriental Bank attached to the Complaint copies of
ithe promissory note, mortgage deed, negative military certification, title search and collection letters. On
May 26, 2017 Oriental Bank filed a Sworn Statement certifying the claimed debt and on June 10, it filed a
Registry Certification of the property that is the subject of the undersigned case. On August 14, 2017, the
respondent was duly summoned personally. After the term provided by the Civil Proceedings Rules for
the respondent to file a responsive pleading, and the ceasing of Court proceedings due to the ravages of
Hurricanes Irma and Maria, on February 27, 2018, Oriental Bank filed Motion for Entry of Default and
for Judgment. Since the defendant did not file any defense during the term established by Law, this Court
thus declared the defendant in default.
Considering that in the undersigned case the defendant did not file a responsive pleading and the
request for judgment in the instant case is made with the defendant in default, Law Number 184 2012 0
August 17, 2012, known as "Law for compulsory mediation and preservation of your home in foreclosure
proceedings of mortgages of a principal dwelling", is not applicable to the undersigned case in accordance
with its Article 3.
According to a copy of the Mortgage Note, Oriental Bank is the wos thie:
erson entitled to enforce compliance with the mortgage note for $275, 0 at 6
jundersigned by Hector Costa Madera, his spouse, Ana Beatriz Oliveras PeRy/ , on/p
Notary Omar Arill Vizcarrondo
IDENTIFIER NUMBER: SEN2018 hiiAccording to the Title Study, Registry Certification and Mortgage Deed in guarantee of the
aforementioned promissory note, Héctor Daniel Costa Madera, his wife, Ana Beatriz Oliveras Perez,
granted the First Mortgage Deed number 379, on August 23, 2003, before Notary O ar Arill Vizcarrondo.
The property encumbered by the mortgage described above is:
URBAN: Lot identified with number 9 of block A of street 1 in the
registration plan of the Estancias de Vista Bahia Urbanization, located in
Tallaboa Encamacion Ward in parcel B of the Vista Bahia Extension, in
the unicipality of Pefuelas, Puerto Rico, with a surface area of
2935.6352 square meters. Bounded on the NORTH, ina distance of
40.166 meters with street 1; on the SOUTH, for a distance of 40.00
meters with the property of Mr. Rafael Barrera; on the EAST, for a
distance of 71.568 meters with lot number 10 of block A of the
Urbanization Estancias de Vista Bahia. To the north of the lot there is an
easement of 3 meters for rainwater. On said lot there is a single family
house for residential purposes, valued at $275,000.00.
Estate 8396 registered in folio 234 of volume 154 Periuelas, Property
Registry Ponce, Section II.
According to the Affidavit of Oriental Bank representative, the defendant defaulted on the
Mortgage Agreement by failing to pay the monthly payment due on November 1, 2016 and those that
have subsequently fallen due, for which reason the plaintiff has declared due the entire debt amounting to
$211,851.20 in principal, plus interest that will continue to accrue at the rate of 6.50% per annum from
October 1, 2016 until the full balance of the debt, $89.78 to escrow balance, $799.69 to late charges and
$27,500.00 costs, expenses and attorney's fees, plus any other disbursements made or to be made by the
plaintiff during the pendency of this case for other advances pursuant to the Mortgage Agreement,
including mortgage insurance premiums, casualty insurance premium and late charges.
According to the collection letter and affidavit, the defendant owes the plaintiff the above
mentioned amounts, having been requested to pa y them, without result whatsoever
CVE ts SO
According to the A ffidavit, the obligation arising from the foregoing my “S)\
s eas a \
and legally enforceable, in addition to being guarantee — voluntary mortg. 4 0
property.According to the First Mortgage Deed, in compliance with the provisions of the Mortgage Act
the parties agreed that the property has a value of $275,000.00 and this value will serve as the minimum
bid at the first auction in the event of a foreclosure proceeding.
According to the Plaintiff s, the defendant is of legal age, and is not active in military service.
LAW
ntempt
Pursuant to Civil Proceedings Rule 45.2(b), the holding of a hearing is not mandatory in cases
such as the undersigned, where no claim against a minor or disabled person is involved, and there is no
need to fix the status of an account or determine the amount of damages and the co defendant has not
appeared in any way, therefore, this Honorable Court has the facult to render judgment by default,
granting the requested relief.
In accordance with the prevailing jurisprudential doctrine, as a general rule, the process
a default case, either for failure to file a responsive pleading or as a judicial sanction, Rules 45.2 and 34.4
respectively, has as a legal consequence that each and every one of the matters properly pleaded in the
complaint is deemed accepted: Rodriguez v. Superior Court 102 DPR 290, 294 (1974); Rivera v. Goitia
70 DPR 30, 33 (1949); Pérez v. Haeussler, 65 DPR
(1946); Muiizv. Septlveda 26 DPR 67, 70 (1917).
Contracts and Obligations:
From the documents submitted by the plaintiff, it is an undisputed fact that the defendant signed
the aforementioned contractual documents, obligating themselve to pay the principal amounts described
in the facts and the agreed interest. It is an undisputed fact that the Respondent failed to comply with their
obligations wherefore, Oriental Bank _ claim the principal sum due at the time of default, and
accrued and uncollected interest, until the day the obligation is paid in full.
The obligations contracted by the parties are governed by the principles of civitand-eommercial law
fas
by the general theory of contracts. The obligations arising from contracts hi Se Danongst
L.P.R.A. § 2994. It is for this reason that cannot relieve a party from performin
eS
710265
todo by me sof contract, whensaid contract is legal, valid and does not contain any defect. Cerveceria Corona v. Commonwealth Insurance
Company. 115 D.P.R. 345 (1984).
When the terms and conditions of the contract are clear, specific and leave no room for different
interpretations, they must be applied. Garcia Curbelo v. A.F.F., 127 D.P.R. 747, 760 (1991). Since
contracts are perfected by mere consent, and since then each of the parties are obligated, not only to
comply with what was expressly agreed, but also with the consequences that, according to their nature,
are in accordance with good faith, usage and the law, the respondents cannot now refuse to comply with
what was previously agreed. 31 L.P.R.A. section 3376. Unisys PR Inc. v. Ramallo Bros. Prining. Inc.
128 D.P.R. 842 (1991). Kogan Huberman v. Registrador, 125 DPR 636 (1990); Ramirez Anglada v. Club
Cala de Palma, 123 DPR 339 (1989); Prods. Tommy Muniz v. Copan. 113 DPR 517, 526, 527 (1982).
As is evident from the undisputed facts, the defendant defaulted on payment of the obligation and
therefore, Oriental Bank has the ght to collect the principal amount due at the time of default and
accrued and uncollected interest through the date of default, as well as the interest accrued and
uncollected through the date of default until the obligation is paid in full.
The Supreme Court of Puerto Rico miled in Ramos de Szendrey v. Colon Figueroa et al., 154
D.P.R. 534 (2001), that "a debt is liquid when the amount of money owed is certain and determined,"
therefore, according to the undisputed facts and applicable law, the amounts owed by the defendant to
Oriental Bank, constitute an overdue debt that is liquid and due, which has not been satisfied as of today.
Now, the obligations incurred by the defendant with Oriental Bank are secured by a mortgage
note, and this in turn, is secured by a mortgage on real property. The defendant delivered to the plaintiff
the mortgage note related to the undisputed facts and entered into a loan agreement with Oriental Bank
ttested before a notary public.
Both the promissory note and the mortgage are contracts of an accessory nature that are granted
as security for a principal obligation. Article 1756 of the Civil Code of Puerto Rico, 31 L.P.R.A. section
5001. A debtor may pledge in pledge any chattel or thing that is in commerce, provided it is susceptible
of possession. Article 1763 of the Civil Code of Puerto Rico, 31 L.P.R.A. section 5022.L.P.R.A. section 504. See further, In re Santos & Nieves. Inc., 814 F. 2d 57 (1987). In order for a
pledge contract to be constituted, it is required that: (i) such contract be constituted to secure the
performance of a principal obligation (ii) the pledged thing belongs to the pledgor, and that the pledgee
has the free disposition of its assets, and (iii) the creditor must enter into possession of the pledge, or the
pledge must be delivered to a third party agreed upon by the creditor and the debtor. Article 1756, supra,
and Article 1762 of the Civil Code of Puerto Rico, 31 L.P.R.A. section 5021. See, also, In re Santos &
Nieves, supra, at page 60.
The pledge, in turn, is a real right erga omnes [towards all] which is effective against third
parties, as long as the date of its constitution is evidenced by an authentic document. Article 1764 of the
Civil Code of Puerto Rico, 31 L.P.R.A. section 5023.
SENTENCE
Upon hearing the motion for default judgment filed by the plaintiff, and after having examined
the Complaint, motions and documents submitted, the complaint is hereby declared SUSTAINED and
consequently, the defendant is ordered to pay the plaintiff the amount of $$211,851.20 in principal, plus
interest that will continue to accrue at 6.50% per annum from October 1, 2016 until the total balance of
the debt, 89.78 to escrow balance, $799.69 to late charges and $27,500.00 for costs, expenses and
attomey's fees, plus any other disbursements made or to be made by the plaintiff during the pendency of
e undersigned case for other advances under the Mortgage Agreement, including mortgage insurance
premiums, casualty insurance premium and late charges.
In compliance with the provisions of the Mortgage Act, the parties have agreed that the collateral
operty of the loan identified by Oriental has a value of $275,000.00 and this value shall serve as the
minimum bid at the first auction of the mortgage whose execution is requested. Once this Judgment is
final, firm and unappealable, if payment of the debt herein ordered to be paid is not made, the Clerk of
this Court is hereby authorized and ordered to issue, at the request of the plaintiff, a Writ of Mandate
addressed to the Sheriff of this Court so that he/she may proceed to execute the undersigned Judgment, to
sell the mortgaged property described herein the undersigned judgment at
aforementione Mandate shall set forth that the proceeds from the sale of said prop\
of the other guarantees shall be paidto the plaintiff, Oriental Bank, the amount indicated in the Judgment and, in the event that the
aforementioned proceeds are not sufficient to cover the total amount due, the Judgment shall be executed
on any other assets of the defendant designated by the plaintiff.
The Sheriff shall be required, in addition, to put the successful bidder or buyer of said state in physical
possession of the property by expulsion of the occupants within the legal term of twenty (20) days from
the date of the sale at public auction
REGISTER AND NOTIFY.
PONCE, PUERTO RICO, on
a”
EFRAIN SUS RODRIGUEZ
SUPERIOR JUDGE
CERTIFICATION BY TRANSLATOR
I, Guillermo Cordero, a professional English Spanish French Italian and Portuguese translator and
interpreter do hereby certify that I have translated the foregoing document and it is a true and accurate
translation, to the best of my knowledge and abilities.
(2B
SS 08/02/2022
Guillermo Cordero Date
Preview
CAUSE NO. ORIENTAL BANK § IN THE DISTRICT COURT Plaintiff, § v. DENTON COUNTY, TEXAS Hector Daniel Costa Madera, et. al Defendant JUDICIAL DISRICT AFFIDAVIT OF FILING OF FOREIGN JUDGMENT 1. lam over the age of 18 and competent to testify as to the matters contained herein. 2. 1 am authorized to sign this affidavit on behalf of Apex Bank (Hereinafter Judgment Creditor), which is the servicing agent and owner/holder of the judgment taken by Oriental Bank that derived from the subject loan. See attached a true and correct copy of the Note as Exhibit “A”. In my capacity and in performing my duties, I have access to the business records of Apex Bank, including the business records for and relating to the loan that is the subject of this Debt described herein. The facts stated in this Affidavit are also within my personal knowledge and based on my employment with Apex Bank, my responsibilities in said position and my review of the business records maintained by Apex Bank. 3. Information contained in this AFFIDAVIT is obtained from records kept by Apex Bank in the regular course of business, and it was the regular course of business for an employee or representative of Apex Bank with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the records or to transmit information thereof to be included in such records; and the records were made at or near the time or reasonably soon thereafter. 4. Oriental Bank sued Hector Daniel Costa Madera, Ana Beatriz Oliveras Perez and Affidavit of Filing Foreign Judgment Page 1 of 3the Legal Community Partnership owned by both of them (Hereinafter Judgment Debtor) in the Commonwealth of Puerto Rico Court of First Instance, Ponce Room and in whose favor the attached judgment was entered by the court, against Judgement Debtor. According to the judgment, the Judgment Debtor is ordered to pay the following: $ 211,851.20 in principal plus interest that accrues at 6.5% per annum from October 1, 2016 $ 89.78 in escrow balance $ 799.69 in late charges $ 27,500.00 for costs, expenses and attorney’s fees plus additional fees and costs See a certified of the Judgment attached hereto as Exhibit “B.” 5. According to the business records of Apex Bank, each Judgment Debtor’s last known address is as follows: Hector Daniel Costa Madera 2701 Hudson Boulevard The Colony, Texas 75056 Ana Beatriz Oliveras Perez 2701 Hudson Boulevard The Colony, Texas 75056 6. Apex Bank’s address is 430 Montbrook Lane, Suite 207, Knoxville, Tennessee, 37919. 7. The name and address of the Apex Bank’s attorneys in Texas are as follows: Robert D. Forster, IT Barrett, Daffin, Frappier, Turner and Engel, LLP 4004 Belt Line Road., Suite 100 Addison, TX 75001 Affidavit of Filing Foreign Judgment Page 2 of 3FURTHER AFFIANT SAYETH NAUGHT. Pritts DLo contese Affiant Printed Name mf Title SWORN TO and subscribed before me_ this oth day of Félbeuany , 204, by Sonnet Cucorese sas an sve of Apex Bank, He’ she (is personally known to me or() produced —__ - as identification. (Official Seah wi My, AW NY x! ws MN, » “Ny a . . Notary Public My commission expires: frpvil 30 O19 wl, Cy, 44, "1 . “Hw Affidavit of Filing Foreign Judgment Si Page 3 of 3EXHIBIT Aus$ 275,000 SAN JUAN » Puerto Rico Cay {ude . - FOR VALUE RECEIVED, the undersigned (‘Borrower’) promise(s) topay BANCO BILBAO VIZCAYA ~ POR VALOR RECIBIDO, e! (les) suscribiente(s) (Deudor) promete(n) pagar @- |___ BANCO BILBAO VIZCAYA ARGENTARIA PUERTO RICO —----------or order, ‘tne principal sum of moe | _. 9. #84 orden, la suma de | Dollars with interest on the unpaid balance from the date of this Note, untii paid, at the rate of Six point Hélaren: oom Inseroees soba of alrion Fite epost conden lectin dase Pagid Nae si pe kre twenty five (6.25%) ——-—-—- aes per cent. per annum. Principal and interest shall be payable at Por Giento anual. E) principal e intereses serén pagaderos en ‘“—-===:BANCO BILBAO VIZCAYA -ARGENTARTA PUERTO RICO— such other place as the Note Holder may designate in writing, in consecutive monthly installments of One Jo.en cualquier otro kigar que el tanedor de este Pagaré indique por escrito, en plazos mensuales y consecutivos de thousand six hundred ninety three with twenty two Dollars(US$ 1,693.22 ), on the moo tenes ne J. en of first’ (1st.) day of each month beginning on = OCTOBER | 200 3 until the entire indebtedness evi- primer (1et.) dla de cada mes comenzando en hasta que se pague totalmente ia denced hereby is fully paid, except that any remaining indebtedness, itinot ‘sooner paid, shall be due and payable on deuda evidenclada por el presente, sino entes pagada, quedaré vencida y pagadera en | ——— \de | First(1) day of September of two thousand thirty three (2033) ee _—_ _ _ i A 7 peas --If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a — Si cualquier plazo mensual bejo este Pagaré no es pagado cuando vonza y peri impagado luego de la fecha especifcada en la notice to Borrower, the entire principal amount outstanding and accrued interest thereon shall at once become notificacién al Deudor, la suma total de princips| penciente do pago @ intoresos acumblados sobro la misma quedardn inmediatamente vencl + due and payable at the option of the Note Holder hereof. The date specified shall not be less than thirty days dos y pagaderos a opcién del tenedor de este Pagaré. La facha especibcada no saré anterior @ treinta dias # partir de le fecha de envio por from the date such notice is mailed. — correo de dicha notificacién. — The Note Holder may exercise this option to accelerate during any default by Borrower regardless of any prior El tenedor de este Pagaré podré ejerciar esta opcién de aceleracién duranto ier incumplimiento del Deudor, no empece cualquier rance, it is bi ji F it i ding . If suit is brougnt to collect this Note, the Note Holder $hall be entitled to collect in such proceedin, Tee er rocedtiat akon De radicarse procedimiento judicial para of } do esto Pagaré el tenedor de este Pagaré tendié dere - the agreed and liquidated amount of ten per cent of the original| principal amount hereof to cover cost and choa cobrar en dicho procedimiento la suma pacteda y liquide de diez por conto dee suma original de principal del presente para cubrir las it, i jimited to, attorney’s fees- + expenses of suit, including but not limite: , at e t castas y gastos de dicho procedimiento, incluyendo, sin implicar limitacién, feherniy de abogado.. Borrower shail pay to the Note Holder a late charge of ---------+--five (5%): per of any sae 1 Deudor pagaré al tonedor de este Pagaré un catge por page atrasado di — (5%). pee cst pas installment not received by the Note Holder within fifteen|(15) days after the installment is due. aoe alse par el ened de este Pagarh den de uc (15 as spur do i fece do vencniono ee PSS cipal ing i ire that any ‘inci nding in whole or part. The Note Holder may require ee Seal ° pe El tenedor de este Pagaré podré requeris que Borrower may re! - ent Bees rard pepe por antjpado la tafe o ate det balance inside , installments are due and (ji) be in the amount of that part of ial prey ments ()) be made on the date monthly instal be Carne iene paras parisles (sean hechos ena fecha en que venzen plazas me sy (i) sean en la cuanile de squelie parte unoo PUERTO RICO - 1 104 Family - 675 - FHMAJFHLMC UNIFORM INSTRUMENTone or more monthly installments which would be applicable to principal. Any partial prepayment shall be applied més plazos mensuales que seria aplicable principal. ier pago parcial por anticipado seré aplicado gainst : inci i f any subsequent monthly install- a the principal amount outstanding shall not postpone the due date of any e contra el principal : solute y no posponard is fecha de i imiento de cualquier plazo monsual subsiguiente ni cambiaré el monto de dichos ents, unless the Note Holder shall otherwise agree in writing. Mf, Jo contrario por escrito, _ ments or change the amount of such instal plazos, a menos que el tanedor de este Pagaré acuer e undersigned makes any prepayments in any twelve month period ithin five years from the date of this Note, us " Sido : 6, los suscribientes hacen cualquior pago anticipado en cualquier parlodo de doce Si dentro de cinco (5) afios desde la fecha de este Pa e date of this ncte or anniversary dates thereof (“loan year’) with money lent to the undersigned beginning with th a ( atio dal préstamo’) con dineros prestados a los suscribientes por meses comenzando con Ia fecha de este Fagaré 0 la de sus aniversarios dersigned shall pay the holder hereof (a) during the first loan year a lender other than the hoider hereof, the unt i , ibiontes pagarén al tenedor del presente (a) durante ol primer afio del préstamo un prestador que no sea el tenecor det presente, los 3 three (3%) per cent of the prepaid amount tres por ciento (3%) de la cuantla prepagada, (b) dur: prepaid amount, and (c) during the fourth and fifth loan years one (1%) per cent of the prepaid amount.-——--— Y (¢) durante el cuarto y quinto afio del préstamo un iento (1%) de la cantidad prepagada... La The above prepayment penalt; will not be enforced if this Note is sold by the holder hereof to The Federal Home a jercitada si este Pagaré es vendido por el tenedor de este Pagaré a la “Federal Home Loan ) during the second and third loan years two (2%) per cent of the el seguindo y tercer ario del préstamo dos por ciento (2%) de la cuantla prepagada, —Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and Por la presente se renuncian los derechos de pre: in, aviso de rechazo, y protesto por todos lo otorgantes, fiadores, garaptizadoras.y——- endorsers hereof.. This Note shall be the joint and several obligation of all makers, sureties, g endosantes del presente. Este Pagaré constituye la ién Solidaria de todos sus olrogantes, fiadores garantizadores y endorsers, and shall be binding upon them and their heirs, personal representatives, obliga asi como a sus herederos, representantes personales, sucesores y cesionarios. Any notice to Borrower provided for in this Ncte shall be given by mailing such notice by Cualquier notificacién al Deudor dispuesta en este Pagaré i i i Propiedad que abajo se indica, 0 a cualquier otra direccién que el Deudor designe mediante nolifgacién { "23 to the Note Holder hereof. Any notice to the Note Holder shall be given by mailing such notice by certified ‘nail, Cualquier notificacién al tenedor de este Pagaré 01 enviada por correo certificado, con acuse de recibo, al tenedor de este Pagaré « fetum receipt requested, to the Note Holder hereof at the address stated in the first paragraph of this , la direccién indicada en el primer pérralo de este Pagaré, - 1 such other address as may have been designated by notice to Borrower. - ; | t © 4 cualquier otra direccién que se haya designado te notificacién al Deudor... — The indebtedness evidenced by this Note is secured by a Mortgage, dated of even date herewith, on the ta deuda evidenciada por este Pagaré esié garantizeda por una hipoteca, de fecha igual a la del presente, sobre property as indicated in Deed number ---3179-- —— before the suscribing Notary. Propiadad segiin indicada en le Escritura nimero — "ante el Notario suscribionte. Ae Mle. “HECTOR DANIEL COSTA MADERA ; T Ana BEATRIZ OLIVERAS PEREZ 7 Property Address Pay to the order o Direccién de la Propiedad ALpe Crank WitHout Recourse Oriental Bagk , Signed and sealed as witness tle 4 ‘ “] ~~ (Execute Original Only) HeFORS A-9 ESTANCIAS DE VISTA BAHIA PENUELAS, PR 00624 Borrower- Deudor Firmado y sellado como testigo (Otréeguese el Original Solamente) - Treasury Markets AFFIDAVIT NUMBER: - 4244- Senior Analyst Suscribed and acknowledged before me by HECTOR DANIEL COSTA MADERA AND ANA BEATRIZ OLIVERAS PEREZ, ---of legal age married to each othér, and residents of Ponce, ——. - Puerto Rico, and - as identifying witness, of legal ade, employee and resident of ——___________ Puerto Rico, whom I gi i r = : give faith to personally know in San Juan, Puerto Rico, this 73 ae days of August----------- of 2003, ( YY fe OL 20 Ww Z iEXHIBIT B¢ [CERTIFIED TRANSLATION], page 1 of gcordero | COMMONWEALTH OF PUERTO RICO GENERAL COURT OF JUSTICE COURT OF FIRST INSTANCE PONCE-SUPERIOR PART ORIENTAL BANK PLAINTIFF CASE NO. J CD2017-0316 ROOM NO.0601 vs. ABOUT: COSTA MADERA, HECTOR DANIEL FORECLOSURE DEFENDANT TO: LIC. DESEDA BELAVAL RAQUEL rdeseda@delgadofernandez.com rdeseda@gmail.com COSTA MADERA, HECTOR DANIEL ESTANCIAS DE VISTA BAHIA 268 PASEO DEL PUERTO PENUELAS PR 00624 OLIVERAS PEREZ, ANA BEATRIZ ESTANCIAS DE VISTA BAHIA 268 PASEO DEL PUERTO PENUELAS PR 00624 THE UNDERSIGNED CLERK HEREBY CERTIFIES AND NOTIFIES YOU THAT IN RELATION TO THE [A LA]: CASE OF EPIGRAPH THIS COURT ISSUED A JUDGMENT ON MAY 10, 2018. A COPY IS ATTACHED OR A LINK IS INCLUDED: FDO.EFRAIN DE JESUS JUDGE YOU ARE ADVISED THAT BY BEING A PARTY OR LEGAL REPRESENTATIVE IN THE ITs JUDGMENT , YOU MAY REVIEW OR CERTIORARI, AS PROVIDED BY LAW, WITH THE PROCEDURE RULE OR REGULATION. I HEREBY CERTIFY THAT THE DETERMINATION ISSUED BY THE COURT WAS F. eo? 2018 ,AND THAT A COPY WAS SENT TO THE PERSONS INDICATED ABOVE, AP/THEIR~REGESTERED ADDRESSES IN ACCORDANCE WITH APPLICABLE REGULATIONS. ON THIS SAME-|DATE Pe -WaS-rrgp INTO THE AUTOS FOR THE UNDERSIGNED CASE. gIN PONCE, PUERTO RICO, MAY 15, 2018. LUZ MAYRA CARABALLO GARCIA By: Signed HILDA JANESSI ROSAD RODRIGUEZ NAME OF REGIONAL AOC1812 nified rm for Notifications, Judgments, Resolutions, (November 2016COMMONWEALTH OF PUERTO RICO COURT OF FIRST INSTANCE PONCE ROOM ORIENTAL BANK CIVIL NUM. J CD2017 0316 (601) Plaintiff HECTOR DANIEL COSTA MADERA, ANA About: BEATRIZ OLIVERAS PEREZ and the Collection of money and LEGAL COMMUNITY PROPERTY Foreclosure of Mortgage PARNTERSHIP comprised — both SPOUSES Respondent SENTENCE On May 4, 2017, Oriental Bank initiated the lawsuit by filing a Complaint for collection of money and foreclosure against Héctor Daniel Costa Madera, Ana Beatriz Oliveras Perez and the Legal |Community Partnership composed by both of them. Oriental Bank attached to the Complaint copies of ithe promissory note, mortgage deed, negative military certification, title search and collection letters. On May 26, 2017 Oriental Bank filed a Sworn Statement certifying the claimed debt and on June 10, it filed a Registry Certification of the property that is the subject of the undersigned case. On August 14, 2017, the respondent was duly summoned personally. After the term provided by the Civil Proceedings Rules for the respondent to file a responsive pleading, and the ceasing of Court proceedings due to the ravages of Hurricanes Irma and Maria, on February 27, 2018, Oriental Bank filed Motion for Entry of Default and for Judgment. Since the defendant did not file any defense during the term established by Law, this Court thus declared the defendant in default. Considering that in the undersigned case the defendant did not file a responsive pleading and the request for judgment in the instant case is made with the defendant in default, Law Number 184 2012 0 August 17, 2012, known as "Law for compulsory mediation and preservation of your home in foreclosure proceedings of mortgages of a principal dwelling", is not applicable to the undersigned case in accordance with its Article 3. According to a copy of the Mortgage Note, Oriental Bank is the wos thie: erson entitled to enforce compliance with the mortgage note for $275, 0 at 6 jundersigned by Hector Costa Madera, his spouse, Ana Beatriz Oliveras PeRy/ , on/p Notary Omar Arill Vizcarrondo IDENTIFIER NUMBER: SEN2018 hiiAccording to the Title Study, Registry Certification and Mortgage Deed in guarantee of the aforementioned promissory note, Héctor Daniel Costa Madera, his wife, Ana Beatriz Oliveras Perez, granted the First Mortgage Deed number 379, on August 23, 2003, before Notary O ar Arill Vizcarrondo. The property encumbered by the mortgage described above is: URBAN: Lot identified with number 9 of block A of street 1 in the registration plan of the Estancias de Vista Bahia Urbanization, located in Tallaboa Encamacion Ward in parcel B of the Vista Bahia Extension, in the unicipality of Pefuelas, Puerto Rico, with a surface area of 2935.6352 square meters. Bounded on the NORTH, ina distance of 40.166 meters with street 1; on the SOUTH, for a distance of 40.00 meters with the property of Mr. Rafael Barrera; on the EAST, for a distance of 71.568 meters with lot number 10 of block A of the Urbanization Estancias de Vista Bahia. To the north of the lot there is an easement of 3 meters for rainwater. On said lot there is a single family house for residential purposes, valued at $275,000.00. Estate 8396 registered in folio 234 of volume 154 Periuelas, Property Registry Ponce, Section II. According to the Affidavit of Oriental Bank representative, the defendant defaulted on the Mortgage Agreement by failing to pay the monthly payment due on November 1, 2016 and those that have subsequently fallen due, for which reason the plaintiff has declared due the entire debt amounting to $211,851.20 in principal, plus interest that will continue to accrue at the rate of 6.50% per annum from October 1, 2016 until the full balance of the debt, $89.78 to escrow balance, $799.69 to late charges and $27,500.00 costs, expenses and attorney's fees, plus any other disbursements made or to be made by the plaintiff during the pendency of this case for other advances pursuant to the Mortgage Agreement, including mortgage insurance premiums, casualty insurance premium and late charges. According to the collection letter and affidavit, the defendant owes the plaintiff the above mentioned amounts, having been requested to pa y them, without result whatsoever CVE ts SO According to the A ffidavit, the obligation arising from the foregoing my “S)\ s eas a \ and legally enforceable, in addition to being guarantee — voluntary mortg. 4 0 property.According to the First Mortgage Deed, in compliance with the provisions of the Mortgage Act the parties agreed that the property has a value of $275,000.00 and this value will serve as the minimum bid at the first auction in the event of a foreclosure proceeding. According to the Plaintiff s, the defendant is of legal age, and is not active in military service. LAW ntempt Pursuant to Civil Proceedings Rule 45.2(b), the holding of a hearing is not mandatory in cases such as the undersigned, where no claim against a minor or disabled person is involved, and there is no need to fix the status of an account or determine the amount of damages and the co defendant has not appeared in any way, therefore, this Honorable Court has the facult to render judgment by default, granting the requested relief. In accordance with the prevailing jurisprudential doctrine, as a general rule, the process a default case, either for failure to file a responsive pleading or as a judicial sanction, Rules 45.2 and 34.4 respectively, has as a legal consequence that each and every one of the matters properly pleaded in the complaint is deemed accepted: Rodriguez v. Superior Court 102 DPR 290, 294 (1974); Rivera v. Goitia 70 DPR 30, 33 (1949); Pérez v. Haeussler, 65 DPR (1946); Muiizv. Septlveda 26 DPR 67, 70 (1917). Contracts and Obligations: From the documents submitted by the plaintiff, it is an undisputed fact that the defendant signed the aforementioned contractual documents, obligating themselve to pay the principal amounts described in the facts and the agreed interest. It is an undisputed fact that the Respondent failed to comply with their obligations wherefore, Oriental Bank _ claim the principal sum due at the time of default, and accrued and uncollected interest, until the day the obligation is paid in full. The obligations contracted by the parties are governed by the principles of civitand-eommercial law fas by the general theory of contracts. The obligations arising from contracts hi Se Danongst L.P.R.A. § 2994. It is for this reason that cannot relieve a party from performin eS 710265 todo by me sof contract, whensaid contract is legal, valid and does not contain any defect. Cerveceria Corona v. Commonwealth Insurance Company. 115 D.P.R. 345 (1984). When the terms and conditions of the contract are clear, specific and leave no room for different interpretations, they must be applied. Garcia Curbelo v. A.F.F., 127 D.P.R. 747, 760 (1991). Since contracts are perfected by mere consent, and since then each of the parties are obligated, not only to comply with what was expressly agreed, but also with the consequences that, according to their nature, are in accordance with good faith, usage and the law, the respondents cannot now refuse to comply with what was previously agreed. 31 L.P.R.A. section 3376. Unisys PR Inc. v. Ramallo Bros. Prining. Inc. 128 D.P.R. 842 (1991). Kogan Huberman v. Registrador, 125 DPR 636 (1990); Ramirez Anglada v. Club Cala de Palma, 123 DPR 339 (1989); Prods. Tommy Muniz v. Copan. 113 DPR 517, 526, 527 (1982). As is evident from the undisputed facts, the defendant defaulted on payment of the obligation and therefore, Oriental Bank has the ght to collect the principal amount due at the time of default and accrued and uncollected interest through the date of default, as well as the interest accrued and uncollected through the date of default until the obligation is paid in full. The Supreme Court of Puerto Rico miled in Ramos de Szendrey v. Colon Figueroa et al., 154 D.P.R. 534 (2001), that "a debt is liquid when the amount of money owed is certain and determined," therefore, according to the undisputed facts and applicable law, the amounts owed by the defendant to Oriental Bank, constitute an overdue debt that is liquid and due, which has not been satisfied as of today. Now, the obligations incurred by the defendant with Oriental Bank are secured by a mortgage note, and this in turn, is secured by a mortgage on real property. The defendant delivered to the plaintiff the mortgage note related to the undisputed facts and entered into a loan agreement with Oriental Bank ttested before a notary public. Both the promissory note and the mortgage are contracts of an accessory nature that are granted as security for a principal obligation. Article 1756 of the Civil Code of Puerto Rico, 31 L.P.R.A. section 5001. A debtor may pledge in pledge any chattel or thing that is in commerce, provided it is susceptible of possession. Article 1763 of the Civil Code of Puerto Rico, 31 L.P.R.A. section 5022.L.P.R.A. section 504. See further, In re Santos & Nieves. Inc., 814 F. 2d 57 (1987). In order for a pledge contract to be constituted, it is required that: (i) such contract be constituted to secure the performance of a principal obligation (ii) the pledged thing belongs to the pledgor, and that the pledgee has the free disposition of its assets, and (iii) the creditor must enter into possession of the pledge, or the pledge must be delivered to a third party agreed upon by the creditor and the debtor. Article 1756, supra, and Article 1762 of the Civil Code of Puerto Rico, 31 L.P.R.A. section 5021. See, also, In re Santos & Nieves, supra, at page 60. The pledge, in turn, is a real right erga omnes [towards all] which is effective against third parties, as long as the date of its constitution is evidenced by an authentic document. Article 1764 of the Civil Code of Puerto Rico, 31 L.P.R.A. section 5023. SENTENCE Upon hearing the motion for default judgment filed by the plaintiff, and after having examined the Complaint, motions and documents submitted, the complaint is hereby declared SUSTAINED and consequently, the defendant is ordered to pay the plaintiff the amount of $$211,851.20 in principal, plus interest that will continue to accrue at 6.50% per annum from October 1, 2016 until the total balance of the debt, 89.78 to escrow balance, $799.69 to late charges and $27,500.00 for costs, expenses and attomey's fees, plus any other disbursements made or to be made by the plaintiff during the pendency of e undersigned case for other advances under the Mortgage Agreement, including mortgage insurance premiums, casualty insurance premium and late charges. In compliance with the provisions of the Mortgage Act, the parties have agreed that the collateral operty of the loan identified by Oriental has a value of $275,000.00 and this value shall serve as the minimum bid at the first auction of the mortgage whose execution is requested. Once this Judgment is final, firm and unappealable, if payment of the debt herein ordered to be paid is not made, the Clerk of this Court is hereby authorized and ordered to issue, at the request of the plaintiff, a Writ of Mandate addressed to the Sheriff of this Court so that he/she may proceed to execute the undersigned Judgment, to sell the mortgaged property described herein the undersigned judgment at aforementione Mandate shall set forth that the proceeds from the sale of said prop\ of the other guarantees shall be paidto the plaintiff, Oriental Bank, the amount indicated in the Judgment and, in the event that the aforementioned proceeds are not sufficient to cover the total amount due, the Judgment shall be executed on any other assets of the defendant designated by the plaintiff. The Sheriff shall be required, in addition, to put the successful bidder or buyer of said state in physical possession of the property by expulsion of the occupants within the legal term of twenty (20) days from the date of the sale at public auction REGISTER AND NOTIFY. PONCE, PUERTO RICO, on a” EFRAIN SUS RODRIGUEZ SUPERIOR JUDGE CERTIFICATION BY TRANSLATOR I, Guillermo Cordero, a professional English Spanish French Italian and Portuguese translator and interpreter do hereby certify that I have translated the foregoing document and it is a true and accurate translation, to the best of my knowledge and abilities. (2B SS 08/02/2022 Guillermo Cordero Date