2716

Within the first twenty (20) days of the thirty granted by § 2710 of this title for the payment of all the money claimed in the summary procedure, the person demanded judicially for payment may submit a written deposition in the procedure, solely to state clearly and precisely all de facto and de jure reasons that he may have for contesting in full or in part:\n(a) The validity, legality and legal efficacy of the mortgage loan being foreclosed, because of error, or internal or external defects in the way it was granted or drawn up, either in accordance with the Notarial Law, §§ 2001-2141 of Title 4, in force or any other provision of law.\n(b) The registration, security, subsistence, maturity, ability to demand and the amount of the mortgage debt being collected; the money collected that is not covered by the mortgage guarantee.\n(c) The foreclosing creditor’s legal capability or his capability to be party to a suit for the purpose of pressing a summary procedure, and that of the debtor himself or third owner to be summoned for payment.\n(d) Fulfillment of the requirements indicated by this subtitle to try a case or to be able to initiate it.\n(e) The validity of judicial actions

or himself or third owner to be summoned for payment.\n(d) Fulfillment of the requirements indicated by this subtitle to try a case or to be able to initiate it.\n(e) The validity of judicial actions or procedure verified up to that time.\n(f) The rate or rates and the amount of interest charged during the duration of the contract or for delinquency in its payment.\n(g) The jurisdiction or competence of the Court of First Instance Part resorted to, over the parties or the procedures.\nNotification of said written deposition shall be made with a copy to the creditor’s lawyer on the date it is filed, and the legal grounds for the objection shall be given. Documents or authentic written evidence proving or justifying it shall be included.\nThe course of the nonextensible thirty-day period for paying the money claimed shall not be interrupted nor shall the presentation of this deposition affect it in any way, but the auction sale shall not be ordered until final resolution is made of the objections.\nAfter the first twenty days have passed uncontested, the person demanded for payment shall not be permitted to file an exception, neither in the summary procedure in which he was

of the objections.\nAfter the first twenty days have passed uncontested, the person demanded for payment shall not be permitted to file an exception, neither in the summary procedure in which he was demanded, nor in any other litigation filed by ordinary procedures in which the validity, efficacy, and legal value of the mortgage loan and that of the summary procedures, based on the objections authorized in this section, is attacked, contested or challenged, other than an exception to the court’s jurisdiction over the parties, or the court’s jurisdiction or competence over the procedure, and that of fraud. In no case shall the rights of third parties protected by § 2355 of this title be affected.\nHistory —Mortgage Law, 1979, § 216; June 14, 1980, No. 143, p. 535, § 1.