Mesa v. Acero

Summary

This case involves a family home that was mortgaged, then levied and sold at execution when the debt wasn't paid. The Supreme Court held that while the property became a family home by operation of the Family Code, the owners waived their right to exemption from execution by failing to assert it to the Sheriff before the public sale. The Court distinguished between ejectment and nullification cases, finding no forum-shopping. Key ruling: family home exemption must be timely claimed before execution sale or it is waived. The execution sale and resulting title were upheld despite the property's family home status due to the owners' failure to assert the exemption within reasonable time.