The foreclosure action is that of juridico-procesal nature that has the mortgage creditor, which may require the completion of the property mortgaged, independent of whoever their current owner through your exercise, or can also be defined as one action that corresponds to the mortgagee for cash credit, consisting of alienation in a public auction of the mortgaged. The foreclosure action is exercised directly on the property mortgaged by the ordinary Executive procedure, judicial proceedings or an enforcement proceeding out-of-court if so it has agreed in the articles of incorporation. The legal basis for the mortgage action found in article 129 LH in these terms: the mortgage action may exercise directly against the mortgaged property holding its exercise pursuant to title IV of Book III of the LEC with contained specialty in the chapter V. available article 693.3 in relation to the second paragraph of the aforementioned precept of the Law of Civil procedure to: () the creditor may request that () is communicated to the debtor that, until the day appointed for the holding of the auction, may release the good through the appropriation of the exact amount that principal and interest would be expired at the date of filing of the demand, increased, where appropriate, with the maturity of the loan and interest on arrears that are taking place throughout the procedure and resulting bad debt in whole or in part. If the mortgaged Homestead, the debtor may even without the consent of the creditor, freeing the good through the appropriation of the amounts expressed in the previous paragraph. (). In a tight synthesis, this provision regulates the possibility of onset of the mortgage action which constitutes an advance form of termination of a judicial process, although somehow it assumes a modality of raids on the pretensions of the mortgagee who, after total or partial satisfaction of the credit, implies the conclusion of the procedure without any altered the business or legal relationship existing between the parties. .
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