Roosevelt Cayman Asset Company II v. Gomez-Sanchez
Filing
64
OPINION AND ORDER granting 52 motion for summary judgment. Signed by Judge Silvia L. Carreno-Coll on 5/18/2023. (mcv)
Case 3:16-cv-02349-SCC Document 64 Filed 05/18/23 Page 1 of 8
IN THE UNITED STATES COURT
FOR THE DISTRICT OF PUERTO RICO
ESPACIO RESIDENTIAL, LLC,
Plaintiff,
v.
CIV. NO.: 16-2349 (SCC)
LETICE AWILDA GÓMEZ-SÁNCHEZ
A/K/A LETICE A. GÓMEZ-SÁNCHEZ
A/K/A LETICE GÓMEZ-SÁNCHEZ
Defendant.
OPINION AND ORDER
Pending before the Court is Espacio Residential, LLC’s
(“Plaintiff”) motion for summary judgment at Docket No. 52.
The motion stands unopposed. See Docket No. 61. For the
reasons set forth below, the Plaintiff’s motion is GRANTED.
I. Uncontested Facts
On July 30, 2005, Defendant, Letice Awilda Gómez-Sánchez
(“Defendant Gómez-Sánchez”), obtained a loan from Doral
Bank, and executed a mortgage note in the amount of
$157,250.00 with an annual interest rate of 5.95%, due on
August 1, 2035. Docket No. 52-1 at ¶ 1. To guarantee this loan,
Defendant
Gómez-Sánchez
executed
a
mortgage
deed
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ESPACIO RESIDENTIAL, LLC V. LETICE AWILDA
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(“Mortgage”), in favor of Doral Bank, encumbering a property
located in the Barrio Campo Rico, Canóvanas, Puerto Rico
(“Property”). Id. at ¶¶ 2-3.
The description of the Property in the Registry of Property
is as follows:
RÚSTICA: Predio de terreno marcado con la
letra "A" en el plano de inscripción, localizado
en el BARRIO CAMPO RICO, del término
municipal de Loíza (ahora Canóvanas),
Puerto Rico, con una cabida superficial de
PUNTO MIL CINCUENTA Y CUATRO
(492.1054)
METROS
CUADRADOS,
equivalentes a cero punto mil doscientos
cincuenta y dos (0.1252) cuerdas. En lindes por
el NORTE, en alineaciones seguidas que
suman dieciocho punto diecisiete (18.17)
metros, con la franja de terreno dedicada a uso
público; por el SUR, en dieciocho punto
treinta y siete (18.37) metros, con el remanente
de la finca principal; por el ESTE, en
veintiocho punto sesenta y ocho (28.68)
metros con terrenos propiedad de Mercedes
Pastrana; y por el OESTE, en veinticinco punto
cuarenta y ocho (25.48) metros, con el
remanente de la finca principal. ------------------
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Property number 12,522, recorded at page 14
of volume 279 of Canóvanas, Registry of the
Property of Carolina, Third Section.
Id. at ¶ 3.
On July 30, 2013, the Mortgage was modified regarding the
principle, monthly payments, maturity date, and last payment.
Id. at ¶ 2. After various dealings, Roosevelt Cayman Asset
Company II (“RCAC-II”) became the owner and holder of the
Mortgage, which was later transferred to the Plaintiff in these
proceedings. 1 Id. at ¶ 4; see also Docket No. 60-1. Defendant
Gómez-Sánchez defaulted on the terms and conditions of the
Mortgage, and as of September 10, 2019, owes the Plaintiff a
principal of $147,634.29, $1,791.10 in accrued late charges, and
$14,851.19 in expressly agreed upon attorney’s fees and legal
costs. Docket No. 52-1 at ¶ 5; see also Docket No. 52-6 at pg. 4.
This results in a total of $164,276.58 plus an accrued interest on
$144,773.37 at the annual interest rate of 4.98149% since May 1,
2014, which will continue to accrue interests at the contractual
On May 15, 2023, this Court granted a motion requesting the substitution
of RCAC-II as plaintiff. Docket No. 61. RCAC-II and Espacio Residential,
LLC agreed that RCAC-II would transfer its interest in this cause of action,
and the right to any sentence or judgment regarding this case, to Espacio
Residential, LLC.
1
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rate. Docket No. 52-1.
II. Standard for Motions for Summary Judgment
Summary judgment is proper “if the movant shows that
there is no genuine dispute a to any material fact and the
movant is entitled to judgment as a matter of law.” FED. R. CIV.
P. 56. Therefore, “the court must examine ‘the record in the light
most favorable to the nonmovant’ and must make ‘all
reasonable inferences in that party’s favor.’” García-García v.
Costco Wholesale Corp., 878 F.3d 411, 417 (1st Cir. 2017) (quoting
Ameen v. Amphenol Printed Circuits, Inc., 777 F.3d 63, 68 (1st Cir.
2015)). The court must also “ignore ‘conclusory allegations,
improbable inferences, and unsupported speculation.’” Am.
Steel Erectors, Inc. v. Local Union No. 7, Int’l Ass’n of Bridge,
Structural, Ornamental & Reinforcing Iron Workers, 536 F.3d 68,
75 (1st Cir. 2008) (quoting Medina-Muñoz v. R. J. Reynolds
Tobacco Co., 896 F.2d 5, 8 (1st Cir. 1990).
“If this threshold is met, the opponent ‘must do more than
simply show that there is some metaphysical doubt as to the
material facts’ to avoid summary judgment.” CitiMortgage, Inc.
v. Rivera-Anabitate, 39 F.Supp.3d 152, 153-54 (D.P.R. 2014)
(quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475
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U.S. 574, 586 (1986)). Federal Rule of Civil Procedure 56 sets
forth “a bifurcated standard which the party opposing
summary judgment must meet to defeat the motion.” Hahn v.
Sargent, 523 F.2d 461, 464 (1st Cir. 1975). The nonmovant must
“establish the existence of an issue of fact which is both
‘genuine’ and ‘material.’” Id. And “[a] material issue is one that
affects the outcome of litigation.” Id. Facts contained in a
supporting statement of material facts “shall be deemed
admitted unless properly controverted.” FED. R. CIV. P. 56(e).
As the Court previously noted in its Order at Docket No. 61,
Defendant Gómez-Sánchez did not respond to the Plaintiff’s
motion, and so the facts alleged in the motion for summary
judgment remain uncontested. Nevertheless, the Court must
still consider the Plaintiff’s “claim based on the record properly
before the court, viewing the uncontested facts in the light most
favorable to the non-moving party.” Sánchez-Figueroa v. Banco
Popular de Puerto Rico, 527 F.3d 209, 212 (1st Cir. 2008).
Therefore, this Court must determine whether, if in view of the
uncontested material facts, summary judgment is proper as a
matter of law.
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III. Discussion
In this matter, Plaintiff invoked the Court’s diversity
jurisdiction. Docket No. 1 at ¶ 2. As such, Puerto Rico
substantive law applies. CitiMortgage, Inc. v. Rivera-Anabitate, 39
F.Supp.3d 152, 154 (D.P.R. 2014). Under Puerto Rico law, a
mortgage “is the guarantee which gives rise to a mortgage
foreclosure suit to collect from the very property that secured
the debt.” Chicago Title Ins. Co. v. Sotomayor, 394 F.Supp.2d 452,
460 (D.P.R. 2005). “Following default on a loan secured by
property, the mortgage creditor may seek foreclosure.” Condado
3 CF, LLC v. Reyes Trinidad, 312 F. Supp.3d 255, 260 (D.P.R. 2018)
(internal citation omitted). Default includes the debtor’s failure
to make payments of any principal or interest due.
CitiMortgage, Inc., 39 F.Supp.3d at 154.
There is no controversy as to the facts in this case. Defendant
Gómez-Sánchez voluntarily constituted a mortgage note for a
loan with Doral Bank, payment for which was guaranteed by
the Property. Docket No. 52-1 at ¶¶ 1-2. Doral Bank transferred
its interest in the Mortgage to RCAC-II, who later transferred it
to the Plaintiff. Docket No. 61. And it is clear from the record
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that Defendant Gómez-Sánchez defaulted on the terms and
conditions of the Mortgage (as modified). Docket No. 52-1 at ¶
5. Moreover, the record shows that attempts were made to
reach an agreement to avoid foreclosure proceedings. Docket
No. 48. But the loss mitigation alternative was taken off the
table due to lack of insufficient funds on Defendant GómezSánchez’ behalf. Docket No. 50. Therefore, after a review of the
record and the uncontested material facts, it is undisputed that
Defendant Gómez-Sánchez’ has breached the terms and
conditions set forth in the loan documents given her failure to
fulfill her payment obligations. Accordingly, Plaintiff is entitled
to judgment as a matter of law.
IV. Conclusion
For the reasons stated above, Plaintiff’s motion for summary
judgment is GRANTED. Judgment will be entered in the
amount of $147,634.29, of which $2,860.92 is a deferred
principal which does not accrue interests and $144, 773.37,
accrues interest since June 1, 2014, at the annual interest rate of
4.98149%, accrued late charges in the amount of $1,791.10, and
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expressly agreed-upon attorney’s fees and legal costs (as agreed
upon in the loan documents) in the amount of $14,851.19, for a
total of $164,276.58.
IT IS SO ORDERED.
In San Juan, Puerto Rico, this 18th day of May 2023.
S/ SILVIA CARREÑO-COLL
UNITED STATES DISTRICT COURT JUDGE
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