Demanda finca paramilitares

8/4/2019 Demanda finca paramilitares

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

PUERTO RICO FARM CREDIT, ACA

Plaintiff,

v.

ECO-PARQUE DEL TANAM, CORP.;IVAN ORTIZ RUIZ; HIS WIFE ANAMARA SERRANO BEZ; AND THECONJUGALPARTNERSHIP CONSTITUTEDBY THEM

Defendants

Civil No.

COLLECTION O F MONEYANDFORECLOSURE OF MORTGAGE

VERIFIED COMPLAINT

TO THE HONORABLE COURT:

COMES NOW, Puerto Rico Farm Credit, ACA (PRFC or Plaintiff), through its

undersigned counsel and respectfully states, alleges and prays:

I.

JURISDICTION AND VENUE

1. This Honorable Court has jurisdiction for the present civil action pursuant to 12

U.S.C. 632.

II.

THE PARTIES

THE PARTIES AND JURIDICTION

2. PRFC is a corporation, successor in right of the Puerto Rico Production Credit

Association, a Lending Cooperative Association that is an instrumentality of the United States of

America (Farm Credit Act of Nineteen Seventy One (1971)) as amended, with principal offices

Case 3:11-cv-01914-DRD Document 1 Filed 09/16/11 Page 1 of 7


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in San Juan, Puerto Rico. The mortgage loan referred to herein is a financial operation made

within the Commonwealth of Puerto Rico.

3. To PRFCs best knowledge and belief, defendant Eco-Parque del Tanam, Corp.

(Eco-Parque) is a corporation organized and existing under the laws of the Commonwealth of

Puerto Rico dedicated to geo-tourism activities throughout a coffee plantation, with its principal

place of business in Utuado, Puerto Rico.

4. To PRFCs best knowledge and belief, defendant Ivn Ortiz Ruiz (Mr. Ortiz) is

of legal age, property owner, married and resident of San Juan, Puerto Rico and is not

incompetent nor in the military service of the United States of America.5. To PRFCs best knowledge and belief, defendant Ana Mara Serrano Bez (Mrs.

Serrano) is of legal age, property owner, married and resident of San Juan, Puerto Rico and is

not incompetent nor in the military service of the United States of America (collectively, Eco-

Parque, Mr. Ortiz and Mrs. Serrano, the Defendants).

III.

FACTUAL BACKGROUND

6. PRFC and Defendants entered into a Requisitos y Acuerdo de Prstamo dated

as of July 7, 2006, as amended, supplemented and/or restructured pursuant to other agreements,

documents, instruments referred to in the loan agreement or at any time executed and/or

delivered in connection therewith or related thereto (the Loan Agreement). See, copy of the

Loan Agreement attached hereto as Exhibit A.

7. Through the Loan Agreement, PRFC provided to Defendants a loan in the amount

of $292,000.00.



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8. To secure the Debtors obligations under the Loan Agreement, PRFC obtained a

Mortgage Note in the principal amount of $292,000.00, with interest rate at 9.50% per annum,

which rate could be varied from time to time. Said note was subscribed before Notary Public

Carlos Tomassini Ramrez, Affidavit Number 9,118 (the Mortgage Note). See, copy of the

Mortgage Note attached hereto as Exhibit B.

9. The Mortgage Note is guaranteed by Mortgage Deed Number 122 executed

before Notary Public Carlos Tomassini Ramrez, on July 7, 2006 (the Deed of Voluntary

Mortgage). The Deed of Voluntary Mortgage encumbers the real estate property described in

the Spanish language as follows:RUSTICA: Finca radicada en el Barrio Santa Isabel de Utuado,Puerto Rico, de CIENTO OCHENTA Y OCHO CUERDAS CONVEINTICINCO CENTSIMAS DE OTRA (188.25 CDAS.),equivalentes a setenta y tres (73) hectreas, noventa y ocho (98) reas,noventa y siete (97) centireas y ochenta (80) milireas, en lindes por elNORTE, con Ramn Rivera Candelaria, Sucesin de Emilio Gonzlez,Antonio Portalatn, Amrico Rodrguez, Elas Vargas y FranciscoGonzlez Arbona; por el ESTE con el Ro Tanam; por el SUR, conHiginio Aponte antes, hoy Francisco Ralat, Sucesin Juana de Fraile,Juan Serrano y el Ro Tanam y por OESTE, con Higinio Aponte antes,hoy Francisco Ralat y terrenos de la PRRA/ Enclava una casa devivienda, otra casa para almacn y mquina y tres casas para agregados.

Segregada posteriormente va expropiacin una parcela de doscientosvientinueve cuerdas punto cincuenta y tres (229.53) metros cuadrados.

RUSTICA: Finca radicada en el Barrio Santa Isabel de Utuado, PuertoRico, de CIENTO OCHENTA Y OCHO CUERDAS CONDIECINUEVE CENTSIMAS DE OTRA (188.19 CDAS.),equivalentes a setecientos treinta y nueve mil seiscientos sesenta y ocho punto veintisiete (739,668.27) metros cuadrados, en lindes por elNORTE, con Ramn Rivera Candelaria, Sucesin de Emilio Gonzlez,Antonio Portalatn, Amrico Rodrguez, Elas Vargas y FranciscoGonzlez Arbona; por el ESTE con el Ro Tanam; por el SUR, conHiginio Aponte antes, hoy Francisco Ralat, Sucesin Juana de Fraile,Juan Serrano y el Ro Tanam y por OESTE, con Higinio Aponte antes,hoy Francisco Ralat y terrenos de la PRRA/ Enclava una casa de



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vivienda, otra casa para almacn y mquina y tres casas paraagregados.

The Property is recorded at page 52 of volume 330, Registry ofProperty of Utuado (the Property).

10. Pursuant to the Voluntary Mortgage Deed, Defendants agreed to pay the owner

and holder of the Mortgage Note an amount equal to 10% of its principal as a fixed and liquid

amount to cover the costs, expenses and attorneys fees in case of foreclosure or other judicial

proceedings for the collection of the same. See, copy of the Deed of Voluntary Mortgage

attached hereto as Exhibit C.

11. On July 19, 2011, PRFC sent Defendants a notice informing their default underthe Loan Agreement (the Notice of Default). See, copy of the Notice of Default attached

hereto as Exhibit D.

FIRST CAUSE OF ACTION: COLLECTION OF MONEY

12. PRFC incorporates by reference each and every allegation set forth in paragraphs

1 to 11 as if set forth in full below.

13. Defendants failed to comply with their payment obligations under the Loan

Agreement.

14. As of this date, Defendants owe the principal amount of $259,745.21 plus

$16,915.22 in interest, $333.35 for late charges and other fees, and $29,200.00 for attorneys fees

under the Loan Agreement.

15. Those amounts have become due and payable and have not been paid by

Defendants or by any other party on their behalf in spite of PRFCs collection efforts.

16. PRFC requests this Honorable Court to order the immediate payment of the

amounts owed by Defendants under the Loan Agreement.



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SECOND CAUSE OF ACTION: FORECLOSURE OF PROPERTY

17. PRFC incorporates by reference each and every allegation set forth in paragraphs

1 to 16 as if set forth in full below.

18. To date, Defendants owe PRFC the amounts specified in 14 of this

Complaint for a total amount of $306,193.78, including principal, interests, costs and attorneys

fees. Those amounts are due and payable.

19. In the absence of payment in full, PRFC requests from this Honorable Court to

order the foreclosure of PRFCs mortgage over the Property described in 8 of this Complaint.

The amounts obtained from the foreclosure of the Property will be used to satisfy the amounts

claimed and owed to PRFC under the Loan Agreement.

WHEREFORE, it is respectfully requested that this Honorable Court enter Judgment

Granting Puerto Rico Farm Credit, ACAs Complaint: (i) condemning Defendants to pay the

amount of $306,193.78,; (ii) decreeing the public sale of the Property for the payment of said

amount; (iii) instructing the Marshal of this Honorable Court to deliver the possession of the

Property to the successful bidders within twenty (20) days from the date of such sale, and if

necessary for such purpose, to evict any occupants of the Property without the need of any

further instructions; (iv) entering a deficiency Judgment, if the proceeds of the sale are

insufficient to pay the amounts owed to PRFC; and (v) granting any other relief at law available

to PRFC.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, this 16th day of September, 2011.

I hereby certify that on this same date, I electronically filed the foregoing with the Clerkof the Court using the CM/ECF system, which will send notification of such filing to allCM/ECF participants in this case.



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ONEILL & BORGES

Attorneys for Puerto Rico Farm Credit, ACAAmerican International Plaza250 Muoz Rivera Avenue

Suite 800San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

By: s/ Luis C. Marini-BiaggiLuis C. Marini-BiaggiUSDC No. 222301E-mail: [email protected]

By: s/ Lourdes ArroyoLourdes Arroyo PortelaUSDC No. 226501Email: [email protected]



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VERIFICATION

I, Vctor Miguel Arroyo Corts, of legal age, single, Chief Credit Officer of Puerto Rico

Farm Credit ACA, and resident of San Juan, Puerto Rico, under penalty of perjury states as

follows:

1. That my name and personal circumstances are as stated hereinbefore.

2. That I am Chief Credit Officer of Puerto Rico Farm Credit, ACA, with sufficient

delegated power and authority to execute this Verification on behalf of Puerto Rico Farm Credit

ACA, and execute this Verification under penalty of perjury in such capacity.

3. That I have read the preceding Complaint; that the same has been drafted

according to the instructions from Puerto Rico Farm Credit ACA, and that all statements made

therein, specifically the statements made in regard to the amounts owed by the Defendants and

the mortgage guaranteeing the payment of the same, are true.

4. That the Exhibits attached to the Complaint are a true and correct copy of their

originals, which are in the Banks hand.

5. That the amounts owed by the defendants remain unpaid in spite of Plaintiffs

efforts to collect the same and that such amounts are due and payable to the Plaintiff.

6. That to may better knowledge and belief and as it appears from Puerto Rico Farm

Credit ACAs records, defendants Mr. Ortiz nor Mrs. Serrano are neither infant nor incompetent

and they are not in the military service of the United States of America.

7. That the plaintiff does have a good and just cause of action which warrants the

granting or relief against defendants.

8. I declare under penalty of perjury under the laws of the United States of America

that the foregoing information is true and correct.

In San Juan, Puerto Rico, this ___ of September 2011.

________________________________Vctor Miguel Arroyo


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