–- Five years ago, the Multiple Banking Institution BBVA Bancomer demanded that the businesswoman cancel in advance the delinquent credit of a property for more than 400 thousand pesos.
MARCO ANTONIO BARRERA
CANCÚN, Q. ROO.- Erika García Deister’s breach of debts to seize real estate in a tricky way occurred in parallel to the simulation of labor lawsuits of the so-called “Cartel of dispossession”. Businesswoman
Five years ago, the Multiple Banking Institution BBVA Bancomer He demanded that the businesswoman terminate in advance the delinquent loan of a property for more than 400 thousand pesos.
The mother of the local deputy for the Green Ecologist Party of Quintana Roo, Gustavo Miranda, was taken to a commercial lawsuit to terminate a contract for the mortgage of a real estate in the municipality of Solidaridad.
The defendant collection of the financing line occurred due to the omission of payment of monthly payments that were supposedly domiciled to a bank account of the cancunense, of which he assured in his legal defense “he should have sufficient resources.”
The creditor institution judicially verified that automatic payments were never contracted and the defendant could never prove that they were domiciled, they were simply omitted, according to the litigation filed on November 17, 2016.
The case was placed in oral litigation 20011226 of the Second District Court on Commercial Matters, Specialized in Small Claims, with residence in Cancun, whose resolution sentenced the businesswoman to advance payment of 422 thousand 210 pesos and 96 cents on 26 October 2017.
The court ruling against Erika García accumulated the equivalent of a principal amount of 190.15 times the monthly salary of the unpaid balance, 1.86 times for unpaid amortizations, 6.64 times of past due interest, 0.51 times of past due collection expenses and 0.09 times of the value tax added, in addition to 22 thousand 670 pesos for late payment interest, although it was exempted from covering fees, expenses and costs calculated until September 19, 2016.
One of the first actions in the litigation was to send letters to various authorities to find out if any registry had an address to locate García Deister, which was finally achieved in mid-March of the following year.
Another six months passed until the defendant answered the legal summons, on November 15, 2017, although two months later she filed a direct amparo that was admitted for processing through judgment 22012992 of the Third Collegiate Court of the Twenty-Seventh Circuit, whose resolution denied her the constitutional protection.
The judge in charge of the case proceeded to order the formal embargo on the businesswoman’s real estate and ordered the entry in the Public Registry of Property and Commerce of the State of Quintana Roo that was executed on August 13, 2018, which was confirmed by the registrar in June of the following year.
The patrimonial asset was valued and put up for auction in public auction, at the same time he was summoned to make delivery to the bank of the deeds, and that if he refused, it would be done in his rebellion, which finally happened.
“The judge will sign the corresponding adjudication deed, likewise, the relative notary is deemed designated, so that the aforementioned deed can be granted before him.”
As part of the legal case, it was then followed by issuing a letter to the registrar to proceed with the cancellation of the registration of liens, which were preferred to the successful bidder.
At the trial, a third person identified as Ana Karen Quiroz Cerna appeared who claimed to enjoy the rights by means of a certified copy of the public deed 6,069 protocolized by the Auxiliary Public Notary 78 of Quintana Roo, but the alleged action was denied as it was not part of the trial, on July 9 of last year.
During the trial, BBVA Bancomer assigned the collection and litigation rights to the moral Savi López, SA de CV represented by Reyna Ivette Salas Villagómez (September 13, 2021), who in turn transferred them to Quiroz Cerna for their formalization before the notarial faith . After five years the litigation remains active, although the last notification was given on November 5 of last year.
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