The homestead right shall not be waived and any agreement to the contrary shall be declared null.
However, the homestead right shall be deemed to be waived in the following circumstances:
(a) All cases in which the protected property is pledge for a mortgage.
(b) In case of state and federal tax collection.
(c) In cases of debt owed to contractors for repairs to the protected property.
(d) In cases in which the person who claims or has previously claimed the right recognized under this chapter chooses to claim, in a petition under the Federal Bankruptcy Code, the exemptions provided under Section 522(b)(2) of said Code in lieu of the local and homestead protection exemptions allowed under the Bankruptcy Code under Section 522(b)(3).
(e) All cases related to loans, mortgages, sharecropping agreements, and promissory notes payable to the order of or secured or executed by the Puerto Rico Production Credit Association, the Small Business Administration, the Puerto Rico Housing Financing Authority, the U.S. Farmers Home Administration, the Federal Housing Administration (FHA), the U.S. Department of Veterans Affairs, and the Department of Economic Development and Commerce of Puerto Rico; and the entities succeeding them, as well as in favor of any other Commonwealth or Federal agency or entity securing mortgage loans that are secured and sold in the secondary market.
History —Sept. 13, 2011, No. 195, § 4; Sept. 15, 2012, No. 257, § 1.