DACIÓN EN PAGO DE LA VIVIENDA HIPOTECADA Y PACTO COMISORIO.

Abstract

It is undeniable that we live at a time of consumer overmortgaging. Foreclosing on the family home leads to unfortunate results, inducing borrowers to offer the family home to the lending institution in payment of their mortgage loans. This solution benefits lending institutions also. But doubt arises as to whether dation in payment in this particular circumstance might not infringe the prohibition in section 1859 of the Civil Code regarding resolutory conditions in case of non-performance. The exact conditions under which the dation is conducted will lead to an answer of either yes or no.