Ramos v. Banco Popular De Puerto Rico (In re Ramos)

493 B.R. 355
CourtUnited States Bankruptcy Court, D. Puerto Rico
DecidedMay 24, 2013
DocketBankruptcy No. 10-08187 (MCF); Adversary No. 11-00268 (MCF)
StatusPublished
Cited by9 cases

This text of 493 B.R. 355 (Ramos v. Banco Popular De Puerto Rico (In re Ramos)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramos v. Banco Popular De Puerto Rico (In re Ramos), 493 B.R. 355 (prb 2013).

Opinion

[359]*359 OPINION AND ORDER

MILDRED CABAN FLORES, Bankruptcy Judge.

Before the court is the central issue of whether defendant Banco Popular de Puerto Rico (hereinafter “BPPR”) holds a valid mortgage on plaintiff Leandro Rafael Rodriguez Ramos and Nelimar Reyes Torres’ real property under Puerto Rico’s “Act to Streamline the Property Registry” enacted on December 27, 2010, 2010 P.R. Laws No. 216 (in Spanish titled “Ley para Agilizar el Registro de la Propiedad,” 30 L.P.R.A. §§ 1821-1831, hereinafter referred to as “Law 216”).1

Both parties filed cross motions for summary judgment.2 The Chapter 13 Trustee stated his position with respect to the motions for summary judgment which BPPR opposed and Debtors replied.3

After considering the motions and the arguments presented at the oral hearing, the Court grants in part and denies in part the cross motions for summary judgment, for the reasons set forth below.

I.JURISDICTION AND VENUE The court has jurisdiction to hear this case, pursuant to 28 U.S.C. §§ 1334(b) & 157(a) and the general order of the United States District Court dated July 19, 1984 (Torruellas, C.J.). This is a core proceeding, pursuant to 28 U.S.C. § 157(b). Venue lies in this district, pursuant to 18 U.S.C. §§ 1408 & 1409.

II. UNDISPUTED FACTS

Based upon the parties’ Statement of Uncontested Facts, exhibits thereto, the pleadings and the docket entries of both the adversary and bankruptcy cases, the uncontested material facts are as follows:

1. On June 26, 2008, the Debtors acquired a real property located in Bayamon, Puerto Rico from Milagros Torres Ortiz (“Torres Ortiz”), through the purchase and sale deed number 17 before the Notary Public Ignacio Villamarzo Garcia (hereafter “Purchase Deed”).4
2. On the same date, Debtors executed mortgage deed number 18 before the same notary public to guarantee a mortgage note in the principal amount of $108,605.00 with interest at the rate of 6% per annum in favor of RG Premier Bank (hereafter “Mortgage Deed”).5
3. BPPR is now the current holder of the aforementioned mortgage note.6
4. On July 7, 2008, both the Purchase Deed and the Mortgage Deed were presented by fax to the Registry of Property, Bayamon Section 1 for recordation purposes at entry number 1003 and entry number 1005, respectively, of Daily Entries Book [360]*360number 1276.7
5. These presentation entries expired (“caducaron” in Spanish) on August 1, 2008, because certified copies of both deeds were not physically delivered to the Registry of Property in accordance with Puerto Rico law.8
6. The Mortgage Deed was presented for a second time to the Registry of Property on November 6, 2008, at entry number 1053 of the Daily Entries Book number 1278.9
8. The title of the property has not been recorded in the name of the Debtors.11
7. The Purchase Deed was never presented again to the Registry of Property.10
9. Torres Ortiz appears as the registered title owner of the subject property.12
10. On September 4, 2010, approximately two (2) years after the Mortgage Deed was presented in the Registry of Property, the Debtors filed a voluntary petition under chapter 13 of the Bankruptcy Code.13
11. By virtue of the enactment of Law 216 on December 27, 2010, the Registrar recorded the Mortgage Deed in the Registry of Property on March 21, 2011.14
12. The deadline to file unsecured claims in the bankruptcy case of the Debtors, Case No. 10-08187, was January 4, 2011.
13. On November 5, 2010, the court confirmed the plan dated October 21, 2010, without an objection from BPPR.15
14. On August 19, 2011, BPPR filed proof of claim number 4-1 as secured in the bankruptcy case for $107,480.82, including $892.24 for pre-petition arrears.16
15. The confirmed plan does not provide for BPPR’s secured proof of claim.17

III. PROCEDURAL HISTORY

On September 16, 2011, the Debtors objected to BPPR’s claim, challenging its secured status and arguing that BPPR does not have evidence to support the perfection of security due to the lack of successive chain of title in the Registry of [361]*361Property. Debtors assert that BPPR’s claim is consequently unsecured and it is time barred because it was filed after the bar date for unsecured claims.18

On December 1, 2011, BPPR filed a reply to the objection to claim, alleging that its Mortgage Deed was recorded by virtue of Law 216, thereby making BPPR a secured creditor.19

On December 16, 2011, Debtors filed the instant adversary proceeding asserting the following four causes of action against BPPR: 1) challenging the recordation of the Mortgage Deed as a voidable transfer and violation of the automatic stay; 2) challenging the recordation of the Mortgage Deed as a voidable preferential transfer; 3) BPPR’s unsecured claim should be disallowed in its entirety because it was filed after the bar date for filing unsecured claims; and 4) BPPR’s should be imposed sanctions, fees and costs for filing a false secured claim.20

At the hearing to consider the cross motions for summary judgment, the parties submitted their arguments to the consideration of the court.21

IV. DISCUSSION

By agreement of the parties,22 this matter is appropriate for summary judgment disposition as there are no material facts in dispute and one of the parties is entitled to judgment as a matter of law, pursuant to Fed.R.Civ.P. 56, as made applicable to these proceedings by virtue of Fed. R.Bankr.P. 7056. Celotex v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)); Vega-Rodriguez v. Puerto Rico Tel. Co.,

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Bluebook (online)
493 B.R. 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramos-v-banco-popular-de-puerto-rico-in-re-ramos-prb-2013.