Firstbank Puerto Rico v. Gonzalez Delgado, Francisco Arturo
KLAN202400578
Tribunal De Apelaciones De Pue...Oct 16, 2024Background
- Francisco Arturo González Delgado and his former wife, Carmen Mercedes Bauzá Bayrón, secured a $209,000 mortgage with Doral Financial Corp in 2002, now held by Firstbank Puerto Rico.
- Firstbank filed suit in 2023 to collect a debt of $327,766.95 and to foreclose on the property after default, seeking summary judgment.
- The property at issue is a residential lot in Urbanización Estancias de Tortuguero, Vega Baja, Puerto Rico.
- González Delgado opposed, arguing Firstbank violated federal and local lending statutes, and sought damages via counterclaim.
- The trial court granted summary judgment for Firstbank, awarding $318,059.44 plus $20,900 in attorney’s fees, and denied the counterclaim; González Delgado appealed, arguing his due process rights were violated by granting summary judgment prior to completion of discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper before discovery closed | No material factual disputes; all elements clearly proved | Due process required discovery before judgment | Summary judgment was proper under Rule 36; no violation |
| Whether Firstbank proved debt was due and enforceable | All documents support debt is liquid, due, and Firstbank is creditor | Firstbank violated lending laws and their obligations | Firstbank proved enforceable debt; defendant’s claim rejected |
| Whether Firstbank complied with applicable lending laws | Firstbank complied with Law 184-2012 and relevant statutes | Bank failed to follow Dodd-Frank and local laws | Firstbank complied; no evidence rebutted this conclusion |
| Validity of counterclaim and alleged damages | Defendant failed to state viable claim or provide evidence | Bank breached fiduciary, statutory, and contract duties | Counterclaim properly denied; no support for defendant |
Key Cases Cited
- Soc. de Gananciales v. García Robles, 142 DPR 241 (right to appeal final judgments)
- Silva Barreto v. Tejada Martell, 199 DPR 311 (statutory right of appeal)
- León Torres v. Rivera Lebrón, 204 DPR 20 (standards and use of summary judgment)
- E.L.A. v. Cole, 164 DPR 608 (summary judgment facts must be established by evidence)
- Ramos Pérez v. Univisión, 178 DPR 200 (burden and standards in summary judgment opposition)