Successful defense in mortgage enforcement proceedings

Supporting clients in difficult circumstances

At Bernal Aquino, we are committed to protecting our clients in difficult circumstances and defending their rights. This article describes the case of Roberto (a fictitious name used to protect his privacy), who faced the loss of his home in mortgage enforcement proceedings.

Financial difficulties and the threat of foreclosure

Roberto purchased his apartment with a mortgage loan. A significant change in his financial circumstances left him unable to keep up with payments. Although the bank initially demanded repayment, it eventually stopped contacting him, which he found unusual and concerning. He approached Bernal Aquino to understand the possible consequences.

Discovering the court proceedings

Our civil litigation team investigated the matter and found, through Mexico City’s Judicial Bulletin, that the bank had brought special mortgage proceedings against Roberto. A judgment had already been issued and was being enforced, placing his property at immediate risk.

An immediate response through amparo proceedings

We promptly filed an indirect amparo action challenging service of process and the subsequent mortgage proceedings. During the amparo case, we obtained a stay that halted enforcement of the judgment while the constitutional challenge was decided.

Defective service of process

During the amparo proceedings, we identified irregularities in service: the court officer had not visited Roberto’s apartment but had delivered the notice to the building’s doorman at the entrance. Our evidence established that the doorman did not work for Roberto and that the officer had never entered his home, the specific apartment identified in the notice.

Judicial protection for Roberto’s home

On the basis of our arguments and evidence, the federal district judge granted amparo relief, setting aside service of process and the subsequent mortgage proceedings. The decision protected Roberto’s right to due process and prevented the loss of his home through those proceedings.

Legal strategies to defend your rights

At Bernal Aquino, we work to defend our clients through legal strategies that protect their rights. If you or someone you know faces a similar situation, or has questions about court proceedings, please contact us. We are here to help protect what matters most to you.