Servicios Legales de PR (SLPR) GivingTuesday 2021

Protecting our client home by halting the judicial sale of her property

We would like to share with you a recent success story that was made possible thanks to your compassion and willingness to support our mutual cause.

Ms. Hernández came to our Fajardo’s regional office fearing for her and her family's wellbeing, because she had received official notification that her home was scheduled to be sold in public auction by the Court. She didn't know or at least didn't understand that she had had a judgement issued against her, that prompted the way for her property to be sold for her loan to be paid off.

Six days prior to having her house sold in public auction, Ms. Hernández came to our office.

As our team in the Fajardo Office and the Foreclosure Prevention Project reviewed the documents, we immediately noticed a fundamental error in the judgement. They moved to urgently present a motion to dismiss the sentence and stop all auction proceedings. The reason asserted was that it was incorrect to issue a judgment in the case or order the sale of the property at public auction, because it did not comply with the Law. The provisions of the Compulsory Mediation and Preservation of Your Home in of Foreclosure Proceedings on a Primary Home Act mandate as a jurisdictional requirement the holding of compulsory mediation in proceedings in which the property to be enforced is the debtor's primary residence. Mediation that had not happened. Lacking this, the Court may not issue a judgment or enter into the judicial sale of the property.

The timely intervention of the legal representation resulted in the Court rescinding the sentence and transferring the case to mediation, which allowed her a new opportunity to keep her house.

While all this was happening, the client was awaiting results on her application to the Homeowner Assistance Program, that aided homeowners who because of the Covid-19 pandemic have faced problems meeting mortgage payments, and her Social Security Disability Insurance. She was approved enough benefits and back payments to pay off the delinquent loan. A favorable solution to our client was reached during the mediation proceedings which resulted in saving a family’s home from foreclosure .

We take the opportunity to thank you for your support through the GlobalGiving platform. Your generosity helps us continue to impact on the lives of the families we serve.