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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2269/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2269 - Judgment on documents—Passing judgment on documents of relatives or professional clients pr...
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2269 - Judgment on documents—Passing judgment on documents of relatives or professional clients prohibited
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Registrars may not pass judgment on documents of any kind that are submitted to them when they, or their spouses or relatives within the fourth degree of consanguinity or second in affinity, or persons who may have been their clients in matters to which these documents may refer, have any interest in the documents. In this respect, the attesting notary shall be considered an interested party.
The Registrar who is designated at the time, according to the provisions in § 2103 of this title, shall pass judgment and issue said documents.
The provisions in this section shall not apply to entries made in the Day Book.
History —Mortgage Law, 1979, § 66.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2270/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2270 - Judgment on documents—Purpose
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2270 - Judgment on documents—Purpose
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The judgment made by the Registrar of the documents presented shall be for the sole purpose of granting or refusing the registration, notation, note or cancellation requested, and shall not prevent or prejudge the legal proceedings which may be filed later on in court concerning the validity of the documents judged, with the Registrar’s having to abide by whatever is decided.
History —Mortgage Law, 1979, § 67.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2271/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2271 - Judgments on documents—Defects which impede registration
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2271 - Judgments on documents—Defects which impede registration
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The following are defects which shall impede the registration of the title presented:
(1) Those causing the nonexistence of the act or contract to be recorded or the nullity or annullability thereof, or that of the document presented.
(2) Those arising from Registry obstacles.
(3) Those based on the provisions of this subtitle.
(4) Failure to present the necessary complementary documents or failure to verify compliance with the legal requirements.
History —Mortgage Law, 1979, § 68; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2272/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2272 - Judgment on documents—Notice of judgment; contents and procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2272 - Judgment on documents—Notice of judgment; contents and procedure
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If the Registrar finds a defect in the document, exclusively in accordance with § 2271 of this title, he/she shall notify the presenters and the authorizing notary, in writing, of his/her judgment, if it is so requested in the entry, within sixty (60) days of the date of said entry, either by hand delivery or by mail, or electronically, so that they may correct the defect within a period of sixty (60) days from the date of the notice. If more than one notice were made, the term shall start counting after the last one made to the notary.
The notice must contain all the legal grounds on which the judgment is based. The notice shall be recorded with a dated notation in the presentation entry and at the bottom of the document being notified with the signature of the Registrar and, when this is done, it shall be valid.
If the defect is not corrected before the expiration of the sixty (60) -day period, the Registrar shall make a note of the expiration in the presentation entry and at the bottom of the document. When the fees paid upon presentation of the document whose notice has expired do not exceed two hundred dollars ($200), the Registrar shall cancel twenty-five dollars ($25); when the fees paid upon presentation exceed two hundred dollars ($200), the Registrar shall cancel fifty dollars ($50).
History —Mortgage Law, 1979, § 69; Aug. 10, 1988, No. 159, p. 687; Dec. 14, 1997, No. 146, § 1; Feb. 17, 2000, No. 48, § 16, eff. 90 days after Feb. 17, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2273/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2273 - Judgment on documents—Reconsideration; request; contents and time for presentation; judgmen...
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2273 - Judgment on documents—Reconsideration; request; contents and time for presentation; judgment admitted
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Regardless of the provisions in § 2272 of this title, a presenter or interested party who is not satisfied with the judgment rendered by the Registrar may, within a non-extendable term of twenty (20) days following the date of notification, personally or electronically deliver a letter to the Registrar, or send it by certified mail, in which he requests a reconsideration, stating his objections to the judgment, the grounds on which he bases his appeal, and specifying what interests him.
Once the twenty (20) days have elapsed, the defects pointed out by the Registrar shall be deemed to be admitted.
If the Registrar’s judgment is admitted in accordance with what is provided in the preceding paragraph, and the interested party should attempt to correct the defects indicated within the term granted in § 2272 of this title, only an administrative appeal of the denial may be made to determine whether or not the defects pointed out were corrected.
History —Mortgage Law, 1979, § 70; Feb. 17, 2000, No. 48, § 17, eff. 90 days after Feb. 17, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2274/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2274 - Judgment on documents—Judgment upheld despite reconsideration request; denial of registrati...
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2274 - Judgment on documents—Judgment upheld despite reconsideration request; denial of registration; cautionary notice
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Should the Registrar decide to uphold his original judgment after receiving the application for reconsideration, he shall refuse the registration applied for, within a term of thirty (30) days, and shall instead enter a cautionary notice on the affected property, in which he shall state the legal grounds for the annotation, which must be the same as those contained in the notification of the judgment. This cautionary notice shall expire sixty (60) days after its date of issue.
The refusal shall be notified on that same date in the manner stated in § 2272 of this title, and shall appear in the entry of presentation and at the bottom of the document or in the information system.
History —Mortgage Law, 1979, § 71; Feb. 17, 2000, No. 48, § 18, eff. 90 days after Feb. 17, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2275/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2275 - Registration—Correction of defects; procedure and effect
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2275 - Registration—Correction of defects; procedure and effect
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In cases such as those outlined in the preceding sections, if the defects are corrected after the presentation entry has expired, a new entry shall be made which shall become effective from the date of the new entry.
When the defects which are grounds for the provisional notation are corrected within the time allotted, a new presentation shall be made to change the cautionary notice into a final registration which shall become effective on the date of the first presentation. In this case, entries of contradictory deeds made after the notation will be automatically cancelled.
Should the defects be corrected after the expiration of the cautionary notice, a new presentation shall be made which shall become effective on the date of the new entry.
History —Mortgage Law, 1979, § 72.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2276/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2276 - Presentation entries; effective date; interruption and effect
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2276 - Presentation entries; effective date; interruption and effect
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Any interruption in the effective date of the presentation entries for any of the reasons established in § 2255 of this title shall imply an interruption of the effective date of the duly notified presentation entries of documents submitted later, since their registration depends on the former.
History —Mortgage Law, 1979, § 73.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2277/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2277 - Incomplete document; notice and procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2277 - Incomplete document; notice and procedure
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Whenever a document is presented inadvertently without having fully consigned the rights which cancel the registration or transaction to be made the Registrar shall make a notification to this effect and then follow the procedure provided in this subtitle for defective documents.
History —Mortgage Law, 1979, § 74.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2278/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2278 - Documents revealing possibility of crime; notification procedures
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2278 - Documents revealing possibility of crime; notification procedures
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Whenever the content of any document reveals the possibility that a crime has been committed, the Registrar shall notify the District Attorney, the presenter and the notary, in writing. Notwithstanding said notification, the procedures established in this subtitle shall be followed with respect to said documents.
History —Mortgage Law, 1979, § 75; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2279/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2279 - Final judgment refusing entry—Appeal; prior requirement
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2279 - Final judgment refusing entry—Appeal; prior requirement
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Any interested party may file an appeal in the Supreme Court of Puerto Rico to prevent a Registrar from making a final determination refusing the entry requested. Nevertheless, an appeal may not be filed by anyone who has not filed the writ provided in § 2273 of this title, requesting a reconsideration of the determination, in due time.
An interested party may also file an administrative appeal when, after having recorded the title presented, the Registrar refuses to admit the full value and legal effect of the title to the entry as requested.
In those final judgments in which the registry defect is based upon any defect of form the authorizing notary is hereby legally authorized to file an administrative appeal. In any case, the notary shall comply with the provisions established in § 2266 of this title.
History —Mortgage Law, 1979, § 76; June 14, 1980, No. 143, p. 535; Nov. 1, 2007, No. 152, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2280/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2280 - Final judgment refusing entry—Term for filing appeal; contents; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2280 - Final judgment refusing entry—Term for filing appeal; contents; procedure
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An interested party may file an administrative appeal of the Registrar’s determination in the Supreme Court of Puerto Rico within a nonextensible period of 20 days from the notice of refusal, and shall simultaneously notify the Registrar thereof by certified mail along with a copy of the appeal filed. Said appeal may not include objections to the Registrar’s determination of the document that was not included when he filed the writ requesting the reconsideration thereof. If the appeal has not been filed within the term granted, the refusal shall be admitted for all legal purposes.
Within five days of receipt of said notice from the interested party, the Registrar must send the qualified document by hand or by certified mail to the Supreme Court of Puerto Rico, accompanied by the initial letter requesting reconsideration and shall make a note of the filing of said appeal in the margin of the cautionary notice of refusal.
The Registrar shall send his reply to the appealer’s allegations to the Supreme Court of Puerto Rico, pursuant to said court’s regulations, within 20 days after their receipt.
The expiration date of the presentation entry or of the cautionary notice, as the case may be, shall be extended from the date on which the appeal is filed to the date of its final resolution.
The Registrar is obliged to include in his decision all of the grounds for refusing the requested entry. If this has not been done and the document is presented again, or its recording is permitted in the corresponding administrative appeal, he may allege that there were errors not found in the former decision; but in that event, he may be corrected disciplinary, if in order, according to the circumstances of the case.
If the Registrar has refused to record a document, after 10 days have elapsed from the notice of refusal and no one has picked up the documents, and before the term expires for the party interested in recording to appeal, he may submit the refused document to the Supreme Court along with the reconsideration letter and an allegation supporting his action, all of which shall be notified to the interested party. The interested party shall have 10 days from notice of the appeal to present his allegation. In this case, all the provisions of this subtitle regarding appeals of the Registrar’s decision and their effects shall apply.
History —Mortgage Law, 1979, § 77; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2281/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2281 - Final judgment refusing entry—Confirmation or revocation by Supreme Court
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2281 - Final judgment refusing entry—Confirmation or revocation by Supreme Court
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The Supreme Court shall determine whatever it deems lawful and, consequently, shall decide whether to confirm or revoke the Registrar’s judgment.
The Supreme Court may ask the Registrar concerned to send a certification of any entries and documents related to the matter that are kept in the Registry.
History —Mortgage Law, 1979, § 78.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-i/2282/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter I - Registration Procedure (§§ 2251 — 2282)›§ 2282 - Final judgment refusing entry—New presentation after confirmation or refusal not appealed;...
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter I - Registration Procedure (§§ 2251 — 2282) › § 2282 - Final judgment refusing entry—New presentation after confirmation or refusal not appealed; procedure
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If a document is presented again after the Supreme Court’s resolution confirming the refusal is final, it shall be returned without taking any action even though another person submits it, unless the defects which motivated the refusal have been corrected. The procedure shall be the same when the refusal is not appealed, but the document is presented again by the same interested party, as defined in § 2251 of this title.
History —Mortgage Law, 1979, § 79; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2301/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2301 - Entries; kinds
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2301 - Entries; kinds
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The following types of entries shall be made in the Registry books and information systems: presentations, registrations, cautionary notices, cancellations and notations.
History —Mortgage Law, 1979, § 80; Feb. 17, 2000, No. 48, § 19, eff. 90 days after Feb. 17, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2302/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2302 - First registration—Ownership
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2302 - First registration—Ownership
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The first registration of each property in the Registry shall be that of ownership. The titleholder of any real right imposed on a property whose owner has not recorded his ownership may request registration of his right in accordance with the provisions of this subtitle.
History —Mortgage Law, 1979, § 81.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2303/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2303 - First registration—Correlative and different numbers; registration under same number
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2303 - First registration—Correlative and different numbers; registration under same number
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Each property that is registered for the first time shall be distinguished by a distinct and correlative number. The entries which refer to the same property shall also have special correlative numbering.
The following shall be recorded under the same number:
(1) The foundations and the buildings of structures which are constructed on them pursuant to the legal provision in force, even when the public lands on which the foundations are laid are not recorded in the Registry.
(2) Administrative concessions referring to real estate or real rights.
The following shall be registered separately, with a different number:
(1) Buildings, when the recorded properties where they are located belong to different owners and, likewise, the rooms or floors of a building.
(2) Pursuant to the provisions in special laws on the subject, the different floors, parts of floors or apartments capable of separate ownership in the same building, known as horizontal property, as well as the housing units under the member-owner cooperative housing regime.
History —Mortgage Law, 1979, § 82; Sept. 1, 2004, No. 239, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2304/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2304 - Qualified real rights; easements
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2304 - Qualified real rights; easements
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Qualified real rights, those insuring collateral and any lien or limitation of ownership or real rights in general, must appear recorded on the property or right to which they apply, to give constructive notice thereof.
Real easements must also appear with a note in the registration of the dominant estate as a peculiarity thereof.
History —Mortgage Law, 1979, § 83; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2305/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2305 - Prohibitions as to disposal or alienation; standards
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2305 - Prohibitions as to disposal or alienation; standards
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Prohibitions as to disposal or alienation shall appear in the Property Registry and shall become effective pursuant to the following norms:
1st. Those established by law which have full legal validity without express judicial or administrative declaration shall not need separate and special registration and shall be effective as legal limitations of ownership.
2nd. Those which owe their immediate origin to a judicial or administrative resolution shall be subject to cautionary notices.
3rd. Those imposed by the testator or donor in acts or provisions of last will, marriage contracts, donations and other gratuitous transactions shall be recordable, providing existing legislation recognizes their validity.
4th. Prohibitions as to disposal which do not originate in transactions or contracts described in the preceding numbers shall not have access to the Registry, without preventing that compliance be insured by a mortgage or any other type of real guarantee.
History —Mortgage Law, 1979, § 84.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2306/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2306 - Division, segregation and joining of properties; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2306 - Division, segregation and joining of properties; procedure
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When a recorded property is segregated into two or more properties, each one shall be recorded with a different number, making a notation of the segregation made on the original property.
When part of a recorded property is segregated to form a new one, the portion segregated shall be recorded with a different number, while noting this fact on the main property.
When part of a recorded property is segregated in order to attach it to another which is also recorded, the corresponding entry shall be made on the latter’s registration, without altering its number, but noting thereon the new description thereof and the source of the portion incorporated, and the proper references shall be made by a note on the registration of both properties.
When there is a segregation of part of a property which is located in two or more demarcations and the property to be created belongs to only one of them, the title shall be entered in the section in which the data on the main property is kept and the Registrar must automatically send this title, along with a certification of title and liens, to the section to which the segregated property belongs. If after passing judgment on the title, the Registrar who has been notified makes the segregation, he shall report this in writing to the Registrar in charge of the section where the main property is located so that the latter may record the segregation made. In the event the segregated property is also located in more than one demarcation, the provisions in § 2051 of this title shall be followed.
When two or more properties are joined to form one, it shall be recorded with a new number, with a correlating note on each of the properties joined.
When properties located in more than one demarcation are joined or attached, title shall be presented in the section in which the record of the main property is kept, in accordance with § 2051 of this title and with the provisions in the Regulations. The document of attachment shall be presented along with a certification of title and liens issued by the Registrars in charge of the sections to which the rest of the constituent properties’ demarcations belong. The application for certification which must report the attachment document shall be submitted and entered in the Day Book of said sections, and when the certification is issued, a note shall be placed in the margin of each property’s folio as a warning for third acquirers.
The Registrar who has the attachment document under his consideration shall inform the other Registrars of the final action taken with respect to the document. In the event the attachments are recorded, a note shall be placed on the folios of each of the constituent properties.
In all of the preceding cases, the source of the properties shall be stated in the new entries, as well as the liens on them before the division, segregation, attachment or joining.
When two or more properties are joined to form one, or a part of one is segregated for the purpose of alienating it, a single comprehensive entry shall be made of the new attached or segregated property and of the alienation of the same.
The comprehensive public documents on these transactions shall describe the properties which are joined or those segregated, as well as the new properties and their remaining portions with their area and boundary modifications.
History —Mortgage Law, 1979, § 85.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2307/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2307 - Joining or attaching properties; requirements
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2307 - Joining or attaching properties; requirements
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In order to be able to join or attach properties in accordance with the preceding section, they must belong to a single titleholder or to the same titleholders if there are several of them in common pro indiviso.
The following may be grouped as a single property and under the same number:
(1) Abutting portions of land, whether they are improved or not.
(2) Any agricultural or industrial development which forms an organic unit or a body of united or interdependent properties, even though it may be composed of nonabutting properties.
(3) Properties which, even though they are not abutting, are connected with a horizontal property structure so that as common elements and inseparable annexes they may render services to the apartments or be used for the building’s maintenance, causing said joined real property subject to the legal rules for horizontal property as voluntary, general or limited common elements, as the case may be.
(4) The apartment and that portion used as a parking area for said apartment in a horizontal property building.
(5) Properties which, even though not abutting, are connected to a building or property under a member-owner cooperative housing regime, so that as common elements and inseparable annexes they may render services to the property or be used for maintenance, causing said joined real property to be common elements subject to the legal regime of said cooperative.
History —Mortgage Law, 1979, § 86; June 14, 1980, No. 143, p. 535; Sept. 1, 2004, No. 239, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2308/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2308 - First and subsequent entries; data included
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2308 - First and subsequent entries; data included
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(a) The first entry made of any property in the Registry shall include the following data in the most concise form possible:
(1) The nature, location and boundaries of real properties subject to registration or affected by the right that must be recorded and their surface area measurements in the metric decimal system, as well as the name and number if they appear in the title and conforming to their description and official nomenclature when there is one, also consigning all those specifications leading to the complete individualization of the real property.
(2) The nature, extension, suspensive or resolutory conditions and encumbrances on the right which is being recorded, and their value.
(3) The right on which the one subject to registration is founded.
(4) The name of the immediate titleholder from whom the property or rights which must be recorded are derived.
(5) The name of the titleholder in whose name the registration is to be made.
(6) The document which is being recorded, its nature, date and the court, notary or official who authorizes it.
(7) The date of presentation of the document in the Registry, with a note of the hour, and indicating the number and volume of the presentation entry in the corresponding Day Book.
(8) The date of registration and the Registrar’s signature, which shall imply conformity of the registration with the copy of the document from which it was taken.
(b) Subsequent entries must include:
(1) The data contained in subsection (a)(1) of this section when there is some discrepancy between the description as it appears in the document presented and what already appears in the Registry.
(2) The data contained in clauses (2), (5), (6), (7) and (8) of subsection (a).
(3) What is provided in subsection (a)(3), except when the document to be recorded includes a conveyance or lien on absolute ownership.
(4) What is provided in subsection (a)(4), except in the case of preceding number (3) when the titleholder is a single person.
(c) When a title includes several real properties or real rights located in the same municipality, the first registration made shall include all the data prescribed by the two preceding subsections, and the other property entries shall only be described, if necessary, or the right of each of them shall be determined, and the nature of the act or contract and the names of the conveyor and the acquiring party shall be stated, in accordance with the provisions of this section. Further transactions shall refer to the first registration and state the book and folio in which they are found.
If the title to which the preceding paragraph refers is that of a mortgage deed, in addition to what has already been prescribed, that part of the credit each of the properties or rights is responsible for, and the value assigned to each of them in the event of auction, must be stated.
The data which, according to subsection (a)(2) of this section, must be included in all registrations regarding the conditions and encumbrances on the right to be recorded if they were stated before in any registration of another property, provided it is located in the same municipality, may be recorded by reference.
In no case shall personal rights or those mentioned in § 2351 of this title be indicated.
The provisions in this section are understood to be without prejudice to what is especially established for certain registrations.
History —Mortgage Law, 1979, § 87.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2309/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2309 - Contracts involving price; deferred payments
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2309 - Contracts involving price; deferred payments
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When recording contracts in which a price is involved, the one in the document shall be recorded.
Deferred payments shall be recorded in the Registry when failure to pay is due to an expressed resolutory condition. Should the deferment of payment be guaranteed by some real right, the latter shall not be stated unless registration of this right is requested. In both cases, if the deferred price refers to the conveyance of two or more properties, the one corresponding to each of them shall be specified. The same rules shall apply to permutations or adjudications in payment when one of the parties might have to pay the balance to the other, in money or in kind.
History —Mortgage Law, 1979, § 88.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2310/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2310 - Sale of real estate or real rights; documents required for new registration
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2310 - Sale of real estate or real rights; documents required for new registration
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Whenever, in accordance with the preceding section, in the sale of real estate or real rights there is a stipulation that, on failure to pay the price on the date agreed upon, the termination of contract may take place lawfully and so appear in the Registry, it shall be necessary, in order to make the new registration in the name of the seller or his successor, to present the deed in which the buyer or third-party owner so accepts, or the judicial or notarial notification made out to the buyer by the seller should the sale be annulled, with the seller’s title attached.
History —Mortgage Law, 1979, § 89.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2311/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2311 - Extension of recorded right; new registration
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2311 - Extension of recorded right; new registration
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The extension of any recorded right shall be subject to a new registration in which reference shall be made to the right being extended.
Mortgage registrations shall state the amount of the secured loans and the rate of interest and amounts indicated for expenses, attorney’s fees and court costs, if they were stipulated.
History —Mortgage Law, 1979, § 90.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2312/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2312 - Cession of real rights; recording necessary
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2312 - Cession of real rights; recording necessary
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The cession of any real right shall be recorded.
History —Mortgage Law, 1979, § 91.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2313/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2313 - Unsegregated parts of property; precise expression in aliquot portions
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2313 - Unsegregated parts of property; precise expression in aliquot portions
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Registration of unsegregated parts of a property or right shall specify the aliquot portion of each co-owner in mathematical terms expressed in percentages or fractions.
If the specification is only made with reference to monetary units, area measurements or other analogous forms, this requirement shall not be considered complied with.
History —Mortgage Law, 1979, § 92.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2314/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2314 - Urban development of property; segregation; requirements for recording
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2314 - Urban development of property; segregation; requirements for recording
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No segregation whatsoever may be recorded in the case of any urban development of a property without first presenting the documents in which the lots set aside for common or public use are segregated and in which the dimensions of the rest of the area set aside for these purposes is stated in accordance with the plans and specifications approved and recorded in the Registry of Plats.
History —Mortgage Law, 1979, § 93.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2315/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2315 - Plans, recording in registry of plats
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2315 - Plans, recording in registry of plats
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Plans submitted for recording in the Registry of Plats must contain the registry identification of the properties involved and, if there is more than one, the part of each of them that would be affected.
History —Mortgage Law, 1979, § 94.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2316/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2316 - Hereditary right; document of succession; definition of property and registration procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2316 - Hereditary right; document of succession; definition of property and registration procedure
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For purposes of the Registry, the hereditary succession document, contains the will or the succession of heirs in absence of a will, be it of a judicial nature or in agreement with §§ 2155 et seq. of Title 4, known as the “NonContentious Notarial Matters Act”.
The hereditary right shall be recorded in the names of all heirs when it involves property acquired by inheritance and the corresponding partition has not yet been made, if one of the interested parties requests it; stating in the entry, the shares corresponding to each of them and the right to the usufructuary share of the surviving spouse, if any. In the event that property presumed to be community property is involved, registration shall only be made of the share that might correspond to the deceased spouse.
When a single heir is involved and there is no one authorized to adjudicate the inheritance, the succession document shall be equivalent to adjudication when it comes to recording the rights that appear in the name of the predecessor in title directly in the heir’s name. Nor shall prior adjudication be necessary when a single person has acquired all the shares that the interested parties held in the hereditary right.
In the cases referred to in the two preceding paragraphs, if the property does not appear described in the documents submitted, a paper signed by any interested party shall be attached in which the property is described with the numbers that the properties have in the Registry, stating the volume and folio where they appear recorded in the name of the person from whom the right is derived.
In order to record concrete adjudications, the property or unsegregated parts of the same which belong or are adjudicated to each owner or heir must be specified in a public document or by final judicial resolution, or also by public document to which all the interested parties have given their consent, if only one part of the estate were adjudicated and they should have free disposal of it.
Alienations or liens of specific shares in a property which has not been previously adjudicated in the corresponding partition shall not be recorded.
History —Mortgage Law, 1979, § 95; Sept. 2, 2000, No. 348, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2317/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2317 - Suspensive or resolutory conditions; appearance in registry
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2317 - Suspensive or resolutory conditions; appearance in registry
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Completion of the suspensive or resolutory conditions of the acts or contracts recorded shall appear in the Registry, either with a marginal note, if the acquisition of the right is accomplished, or by a new registration in the name of the appropriate person, if the judicial resolution is confirmed.
History —Mortgage Law, 1979, § 96.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2318/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2318 - Administrative franchises and concessions referring to real property; place for recording
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2318 - Administrative franchises and concessions referring to real property; place for recording
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Administrative franchise and concessions referring to real property must be recorded in the corresponding section or sections, by presenting the document in which the franchise or concession was made and attaching the other documents which may limit or modify the rights granted to the concessionaire.
History —Mortgage Law, 1979, § 97.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2319/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2319 - Single entry; discretion of registrar; successive transaction
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2319 - Single entry; discretion of registrar; successive transaction
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When he deems it convenient, the Registrar may record a single entry when several interrelated documents are involved, provided the successive transaction is accomplished.
History —Mortgage Law, 1979, § 98.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2320/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2320 - Adjudication for payment of debts or encumbrances
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2320 - Adjudication for payment of debts or encumbrances
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In the adjudication of specific real property or rights on said property in an inheritance or to a partner in a bankruptcy suit, a creditor, or a stranger, with the express obligation of using the amount derived thereby for the payment of debts or encumbrances on that inheritance or bankruptcy suit, the obligation whereby the property is adjudicated shall not be recorded unless it consists of collateral on that same property on behalf of the corresponding creditors.
History —Mortgage Law, 1979, § 99.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-ii/2321/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter II - Form of Recording (§§ 2301 — 2321)›§ 2321 - Entries defective due to omission of required data
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2321 - Entries defective due to omission of required data
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Entries made in the Registry shall be deemed defective if any of the data required by this act is omitted or is stated with substantial inaccuracy, without impairment of the provisions in §§ 2501-2505 of this title concerning the correction of errors.
History —Mortgage Law, 1979, § 100.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2351/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2351 - Public access to registry—Rights subject to separate and special registration
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2351 - Public access to registry—Rights subject to separate and special registration
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Public access to the Registry shall not extend to the mention of rights subject to separate and special registration, and said rights as well as personal rights which lack special warranty shall not be classified as liens, except for their effect on the recorded suspensive and resolutory conditions and the true transcendence of the causes that appear explicitly from the Registry on the nature and extent of the rights recorded.
Personal rights which lack special warranty and mentions of rights subject to separate and special recording shall be cancelled by the Registrar or at the request of an interested party.
History —Mortgage Law, 1979, § 101; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2352/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2352 - Public access to registry—Contractual restrictions and conditions excepted for government a...
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2352 - Public access to registry—Contractual restrictions and conditions excepted for government agencies
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Contractual restrictions and conditions demanded by the corresponding government agencies which affect recorded real rights shall not be considered included in § 2351 of this title.
History —Mortgage Law, 1979, § 102.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2353/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2353 - Public access to registry—Recorded option, effect
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2353 - Public access to registry—Recorded option, effect
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A recorded option shall have the status of a strict lien according to the provisions of this subtitle and shall impair future acquirers of the property subject thereto, according to its terms.
History —Mortgage Law, 1979, § 103.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2354/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2354 - Public access to registry—Presumptions relative to recorded rights
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2354 - Public access to registry—Presumptions relative to recorded rights
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For all legal purposes, it shall be presumed that the recorded rights exist and belong to their titleholder in the form specified by the respective entry. It shall also be presumed that the person who has recorded the ownership of the real properties or rights has possession thereof. This assumption, as well as the preceding one, admits proof to the contrary, but the courts will take care that in case of doubt as to possession, the recorded titleholder be recognized as the owner, subject to the actions that his contradictor can exercise in the corresponding regular proceedings.
As a result of the above provisions, no contradictory action on the ownership of real properties or real rights recorded in the name of a specific titleholder may be taken without having previously, or at the same time, filed a suit in court for correction, annulment or cancellation of the corresponding registration, when it is in order.
History —Mortgage Law, 1979, § 104.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2355/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2355 - Public access to registry—Nonvalidation of transactions or contracts; protection for third...
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2355 - Public access to registry—Nonvalidation of transactions or contracts; protection for third parties
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Despite the fact that registration does not validate transactions or contracts that are null according to the law, nor does it alter the legal relationship of those intervening as parties in said transactions or contracts, a third person who, in good faith and by paying a price, validly acquires a right from a person who according to the Registry, appears with the power to convey it, shall be sustained in his acquisition after he has recorded his right, when for any reason the Registry is found to be inaccurate, either because the grantor’s title is rescinded, cancelled or annulled for reasons not clearly shown in the Registry itself, or because there are actions or titles of ownership or of other real rights that are not duly recorded.
With regard to this, the Registry shall be understood to be all standing entries relating to a property or right, that have not been extinguished as provided in § 2451 of this title, which refer to the liens or rights that do not convey or encumber, in addition to the entry that gives notice to the right of the conveyor.
The good faith of a third party shall always be presumed unless there is proof that the inaccuracy of the Registry was known when the property was acquired.
A gratuitous acquirer shall only enjoy the Registry protection corresponding to the predecessors in title or to the conveyors.
In no case shall rights merely mentioned or the undue recording of obligations, affect a third party.
History —Mortgage Law, 1979, § 105; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2356/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2356 - Prescription—Legitimate title
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2356 - Prescription—Legitimate title
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With regard to adverse possession on behalf of the recorded titleholder, the registration shall be the legitimate title, and it shall be assumed that he has owned it publicly, peacefully, uninterruptedly and in good faith during the time the entry is in force, and that of the predecessors from whom he acquired it.
History —Mortgage Law, 1979, § 106.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2357/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2357 - Prescription—Third parties
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2357 - Prescription—Third parties
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A third party who, protected by § 2355 of this title, acquires ownership or any right which implies possession shall be protected from an usucapient by the registry document attesting authority, whether it be by acquisitive or adverse possession, if he did not know of the usucapion carried out or in progress in behalf of a person other than its conveyor, and if within a year after the acquisition, he brings suit to disclaim the effects of the usucapion carried out before the acquisition or within said period of time. Once this period has elapsed, the protection given in this section shall cease for the third party, and the title shall be judged and the time shall be counted in accordance with civil law.
When the possession consists of a negative easement which can be acquired by adverse possession, the term of one year shall start at the moment the third party learned of its existence, or failing this, at the moment when an act occurs that hinders the freedom of the servient tenement already in his possession.
Real rights limiting ownership which do not imply possession, acquired on someone else’s right by a third party who meets the requirements established in § 2355 of this title, shall not be affected by the out-of-registry usucapion of the right on which they exist.
The third acquirer of real rights when faced with extinctive prescription shall have the same protection this section provides against the effects of usucapion.
A person who acquires property from a third party shall have the same rights hereby granted to his predecessor in title, provided he complies with the same requirements and with those established in § 2355.
History —Mortgage Law, 1979, § 107.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2358/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2358 - Resolutory and rescissory actions; actions of legal redemption; third party impaired
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2358 - Resolutory and rescissory actions; actions of legal redemption; third party impaired
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By virtue of the provisions in § 2355 of this title, resolutory and rescinding actions which originate in suits, explicitly recorded as such in the Registry, shall impair a third party.
Fraudulent alienation from creditors may be rescinded when the second or subsequent acquirer is an accomplice to the fraud or the right has been conveyed to him by gratuitous title, provided the action in both cases is carried out within four years from the date of said alienation.
Actions of legal redemption shall also impair a third party in those cases and terms established by law.
History —Mortgage Law, 1979, § 108.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2359/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2359 - Transactions or contracts in prejudice to third parties; reasons for not annulling or resci...
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2359 - Transactions or contracts in prejudice to third parties; reasons for not annulling or rescinding
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Likewise, transactions or contracts impairing a third party shall not be annulled or rescinded for any of the following reasons:
1st. For revocation of donations in cases permitted by law, except when the donee does not comply with the conditions recorded in the Registry.
2nd. For not having paid all or part of the price of the thing sold or the right conveyed, when said deferment does not appear guaranteed in the registration, as established in § 2309 of this title.
3rd. For the double sale of the same property or right, when one of them was not recorded, except in cases where the recorded acquirer did not act in good faith.
4th. For injury arising from breach of contract in the 1st and 2nd cases in § 3492 of Title 31.
5th. For alienations made to defraud creditors, except those covered in § 2358 of this title.
6th. For the effect of any other actions when the laws permit certain persons to rescind contracts for reasons that do not specifically appear in the Registry.
In any case where the rescinding or resolutory action cannot be taken against a third party in accordance with the provisions in this section, a corresponding action may be exercised for compensation for damages by the person causing them.
History —Mortgage Law, 1979, § 109.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2360/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2360 - Inaccuracies in Registry; definition; rectification
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2360 - Inaccuracies in Registry; definition; rectification
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Inaccuracy of the Record is understood to mean any disagreement on recordable rights which may exist between the Record and the legal reality outside the Registry.
Rectification of the Registry may be requested by the titleholder of dominion or real right which is not recorded, which is recorded erroneously, or which is impaired by the inaccurate entry.
Rectification shall be made according to the following rules:
(a) When the inaccuracy arises from a legal decision on real property which has not had access to the Registry, a correction shall be made: First, by recording the correct title, if possible; second, by resumption of the successive transaction in accordance with the provisions of this subtitle; and third, by court order.
(b) When the inaccuracy is due to the cancellation of a recorded or noted right, correction shall be made by means of a cancellation, in accordance with the provisions of this subtitle.
(c) When the inaccuracy occurs because of a defect or error in an entry, the Record shall be corrected according to what is established in this subtitle.
(d) When the inaccuracy is based on falsification, annulment or a defect in the title motivating the entry, and, in general, for any other reason not previously specified, the correction shall require the consent of the titleholder affected by the inaccuracy, or when this is lacking, a court order shall be required.
In cases where judicial correction must be sought, the suit must be filed against all those to whom the entry which it is attempting to correct grants some right.
Corrective action shall be inseparable from the dominion or real right from which it is derived.
In no case, may correction of the Registry impair the rights legitimately acquired by a third party who meets the conditions hereby established.
History —Mortgage Law, 1979, § 110.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-111/subchapter-iii/2361/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361)›Subchapter III - Effects of Registration (§§ 2351 — 2361)›§ 2361 - Third party acquirers from heirs or legatees; registry protection
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2361 - Third party acquirers from heirs or legatees; registry protection
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Heirs and legatees shall have the same protection as their predecessor in title in accordance with the provisions in § 2355 of this title. Third parties acquiring property from legal heirs shall have full protection, according to the preceding section, even though they may be preferred or legatee heirs. Third party acquirers from voluntary heirs or legatees who are not legal heirs, as well as their successors to the title, shall have the benefit of document-attesting authority two years after recording the hereditary title of their conveyor, even though they may have acquired it within that period of time.
History —Mortgage Law, 1979, § 111.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2401/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2401 - Who may request
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2401 - Who may request
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The following may request that cautionary notices on their respective rights be entered in the Registry:
1st. A person who, in a lawsuit, claims ownership to real property or the constitution, declaration, modification or extinction of any recordable right or one who files his claim in an action that affects a title to real property, or on the validity and force, or the lack of validity or force, of the title or titles involved in the acquisition, constitution, declaration, modification or extinction of the above-cited recordable rights.
2nd. A person who lawfully obtains an attachment order in his favor on real property belonging to the debtor.
3rd. A person who, in a suit, demands payment of any kind of obligation and lawfully obtains a resolution ordering the attachment or an injunction against the alienation of real property.
4th. A legatee of rights on specific real property, provided he has no right over an aliquot part of the estate.
5th. A creditor for money advanced to a builder for as long as the construction job lasts.
6th. Persons who filed suit for the purpose of declaring legal incompetence to administer, or the absence, or the death, or any other condition by which the legal capacity of persons is modified with regard to the free disposition of their property and also those who obtain resolutions showing legal incapacity to administer property or which affect legal capacity with regard to the free disposition of the inheritance, whether or not said incapacity is declared decisively, as occurs in cases of legally-declared bankruptcy or reorganization proceedings.
7th. A person who in any other case is entitled to demand a cautionary notice pursuant to the provisions in this subtitle or in any other act.
The Registrar shall also enter a cautionary notice whenever he refuses a registration in accordance with §§ 2273 and 2274 of this title.
—Mortgage Law, 1979, § 112; June 14, 1980, No. 143, p. 535.
History
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2402/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2402 - Judicial claims; requirements
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2402 - Judicial claims; requirements
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In the case of number (1) of § 2401 of this title, the cautionary notice can only be made by order of the court handed down at the request of a legitimate party and by virtue of adequate documentation for prudent judicial discretion, except when the basis for the action is a recorded real right, in which case, presentation of a certified copy of the suit shall be sufficient for its notation in the Registry.
History —Mortgage Law, 1979, § 113.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2403/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2403 - Unappealable judgment; proper registration and cancellation
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2403 - Unappealable judgment; proper registration and cancellation
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When the claim referred to in number 1st paragraph of § 2401 of this title is resolved favorably in an unappealable judgment, the proper registration and cancellation of entries that are in order shall be made in the Registry. The judgment or order shall be sufficient title to enter the corresponding registration in favor of the claimant, as well as the writ of judicial sale in cases of foreclosure by public auction.
History —Mortgage Law, 1979, § 114; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2404/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2404 - Attachment or prohibition to alienate; Rules to follow
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2404 - Attachment or prohibition to alienate; Rules to follow
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In the case of the 2nd and 3rd paragraphs of § 2401 of this title, the following rules shall be observed:
First:— When the attached property is not recorded or is found to be recorded in the name of another than he against whom the attachment is ordered, the provisions in this subtitle shall prevail with respect to the defective documents.
Second:— In the case of the preceding rule, the interested parties in the attachment may request the competent court to order the debtor being sued to request the registration of the attached property, and if he refuses to do so or does not do so in a reasonable length of time which shall be determined by the court, they may request registration by presenting the necessary titles to such effect, if possible.
Third:— When pursuant to executory judgment, there is an agreement to sell the attached property, the interested parties may also make up for the lack of title by resorting to the measures outlined in §§ 2761-2777 of this title, if the titleholder refuses to make the registration.
Fourth:— Fees and court costs resulting from the refusal or abstention of the attached titleholder to obtain the registration shall be his responsibility.
Fifth:— The provisions in the preceding rules do not impair the right that acquirers of auctioned property and rights have to lawfully obtain a legal registration in their behalf.
History —Mortgage Law, 1979, § 115.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2405/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2405 - Other notations; applicable Rules
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2405 - Other notations; applicable Rules
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The same rules expressed in § 2404 of this title shall apply to the rest of the notations insofar as their respective nature permits.
History —Mortgage Law, 1979, § 116.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2406/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2406 - Creditor; preference
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2406 - Creditor; preference
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A creditor who obtains any kind of cautionary notice on his behalf, except for those entered when the notation requested has been refused according to the provisions of this subtitle and those for interim financing, shall have preference over those who have contracted loans against the same debtor after said notation was made only with regard to the annotated property. Notations of interim financing and those of refusal shall be fully effective on the presentation date of the document that produced them.
History —Mortgage Law, 1979, § 117.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2407/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2407 - Attachment by administrative collection proceedings; applicable provisions
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2407 - Attachment by administrative collection proceedings; applicable provisions
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Attachment ordered by administrative collection proceedings shall be governed by the provisions applicable to them, and to this effect the authorities who decree them on real property may present a certification containing the attachment order and the data needed to record it in the corresponding section.
History —Mortgage Law, 1979, § 118.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2408/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2408 - Interim financing; definition
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2408 - Interim financing; definition
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Interim financing is that which is contracted for the construction, maintenance or repair of something. It is only granted for projects to be built.
History —Mortgage Law, 1979, § 119.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2409/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2409 - Effects on interim financing; applicable rules
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2409 - Effects on interim financing; applicable rules
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A cautionary notice on interim financing shall be entered and it shall become effective in accordance with the following rules:
(1) As long as the projects subject to the interim financing are in the building stage, the creditor may demand that a cautionary notice be entered on the property subject to said interim financing for the amounts or materials that he advances all at once or piecemeal, by presenting a notarized public or private contract as evidence of the interim financing contract with the debtor or a final judicial decision to that effect. However, a supplier or lender who did not demand such a contract as security prior to the delivery of the materials which he may have agreed to provide to the owner of the project, or the money loaned, as the case may be, may not, unilaterally, demand that said security be ordered judicially.
(2) Interim financing contracts shall state the following: the property or properties subject to interim financing, without a legal description of the property being necessary, since a reference permitting its adequate identification, the work or project to be done, or the materials to be supplied, or the money advanced, and the price agreed upon or how the price was arrived at, shall suffice, in addition to the data needed to avoid doubts as to their content and compliance.
(3) It shall not be necessary to specify in the titles the exact amount of money or materials that comprise those same loans by virtue of which the cautionary notice of interim financing is requested, and it will suffice that they contain sufficient data to liquidate them when the contracted work is finished.
(4) If the property which is to be covered by interim financing were not recorded in the Registry as belonging to the debtor, the notation shall be refused.
(5) If the property which is to be covered by interim financing were subject to recorded real obligations, the notation shall only be made either by virtue of unanimous agreement by notarized contract with the owner, the creditor and the person in whose favor these obligations were assumed, on the subject of the interim financing itself and the value of the property before the project is initiated, or pursuant to judicial order rendered in a plenary suit to attest to said value and by notice to all the persons indicated.
(6) If the property to be covered by interim financing were not recorded and if, according to the title presented for registration, it is found to be affected by a real obligation, the Registrar shall enter the registration, but shall refuse the notation until the procedure foreseen in rule (5) of this section is heard and resolved, or until a suitable agreement is reached.
(7) If any of those persons in whose favor the real obligations stated in rule (6) are unknown, are absent and their whereabouts are unknown, or refuse to give their consent, the notation can only be made by judicial order.
(8) To make up the file referred to in rule (5) of this section, the owner, the supplier, or the lender shall file a claim in a court of competent jurisdiction stating the construction needed or being done, its approximate cost and the value of the property before construction, and requesting that the persons who may have a real right on the property be summoned so that they may give their consent or allege whatever may be best for them legally. An expert appraisal certification and a Registry certification containing a listing of titleholders and recorded real obligations shall accompany this petition.
(9) The persons summoned pursuant to the preceding rules may consent to what the owner proposes, in which case the Court shall issue an order authorizing the notation, or they may object, both to the appraisal made on the property and to the project planned if, as a result, their rights are not sufficiently secured.
(10) If the appraisal is objected to after the proceedings have been concluded, the court shall issue an order stating the value of the property which is subject to interim financing and authorizing the recording. If the objection is to the project, the court shall hand down the legal verdict which is in order according to what has been proved, either forbidding the interim financing or authorizing it. No order shall be issued declaring the value of the property before the construction is carried out, or authorizing the construction loan, unless it appears from the proceedings that the rights of the objector will not be less secured than they are at the time.
(11) Whatever value is given to the property that is to be financed before the start of the project shall appear in the notation on the loan.
(12) With respect to interim financing, the notation shall have the same effect as a mortgage.
(13) The persons in whose favor real rights on the financed property are constituted, the value of which appears in the manner prescribed in the preceding rules, shall keep their right of preference with regard to the creditor, but only for an amount equal to that of their preferential credits.
(14) The creditor shall be considered as a mortgagee with regard to whatever exceeds the value of the property after the construction, over the property’s stated value before said construction, or that of the preferential credits should they be higher, and in any event, with regard to the difference between the value of the preferential credits and what may be obtained for the property in a judicial alienation.
(15) The notation in favor of the creditor shall expire 60 days after the completion of the project subject to interim financing.
(16) If the term indicated in the preceding rule is about to expire and the loan has not yet been fully paid off because the period stipulated in the contract has not expired, the creditor may change his cautionary notice to a mortgage registration. If the period is about to expire, the creditor may either extend it by changing the notation to a mortgage registration or, if the term agreed upon for payment has expired, demand payment judicially, for which the notation shall have all the effects of the mortgage.
(17) To change the notation of interim financing into a mortgage registration, the former shall be liquidated if it has not yet been liquidated, and a public document shall be granted.
(18) Issues arising between the creditor and the debtor over the liquidation of the interim financing or the establishment of the mortgage shall be decided in a declaratory action.
Until this action is heard and terminated, the cautionary notice shall subsist and be effective.
History —Mortgage Law, 1979, § 120.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2410/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2410 - Legatees; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2410 - Legatees; procedure
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A legatee entitled to request a cautionary notice need only note his title on the bequeathed property through the presentation of a certified copy of the will, duly recorded in the Registry of Testaments together with a certification attesting to the fact that it has not been revoked or modified, a copy of the death certificate, and a petition addressed to the Registrar under the authenticated signature of the legatee.
History —Mortgage Law, 1979, § 121; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2411/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2411 - Form; place of registration; data
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2411 - Form; place of registration; data
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Cautionary notices shall be entered in the same manner and in the same place as the registrations, indicated with correlative letters, and shall contain the general data required for these entries, in addition to recording the details determined by Regulations.
History —Mortgage Law, 1979, § 122; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2412/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2412 - Conversion of registration or entry; requirements
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2412 - Conversion of registration or entry; requirements
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A cautionary notice may be converted into an appropriate registration or entry when the person in whose favor it is established acquires the right noted or proceeds to confirm the respective entry lawfully, if indicated. This change shall be made as provided by Regulations.
History —Mortgage Law, 1979, § 123.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2413/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2413 - Conversion into final registration; effective date
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2413 - Conversion into final registration; effective date
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When a cautionary notice of a right is converted into a final registration thereof, it shall be effective on the date of presentation of the document that motivated the notation.
History —Mortgage Law, 1979, § 124.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2414/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2414 - Alienation or encumbrance of noted real property; registration; effects
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2414 - Alienation or encumbrance of noted real property; registration; effects
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Titles in which noted real property is alienated or encumbered may be registered without prejudice to the right of the person in whose favor the notation has been made, provided its alienation is not barred or, if it is, that it is a question of forced sale of previously recorded rights.
If the noted property or right passes into the hands of a third owner or subacquirer before the creditor collects his loan, the subacquirer, after verifying his title, may request that he be shown the records in the Clerk’s Office and the court shall so resolve without paralyzing the course of the proceeding, ordering, at the same time, that further transactions be made with him, as subrogated in the place and stead of the debtor, but only for purposes of attachment of the noted property or right.
Acquirers prior to the notation may record their titles and file proper suit in order to assert their rights, without prejudice to that provided in §§ 2403 and 2473 of this title.
History —Mortgage Law, 1979, § 125; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-113/2415/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 113 - Cautionary Notices (§§ 2401 — 2415)›§ 2415 - When considered defective
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2415 - When considered defective
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A cautionary notice shall be considered defective when, because of it, one cannot find out to which property or right it belongs, who the person affected by the notice is, the nature of the right being noted, or the date the entry was made.
History —Mortgage Law, 1979, § 126.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2451/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2451 - Motives
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2451 - Motives
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Registry entries are extinguished and lose their legal effect by cancellation, expiration or conversion.
History —Mortgage Law, 1979, § 127.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2452/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2452 - Rights; presumption of expiration
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2452 - Rights; presumption of expiration
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The rights contained in an entry shall be presumed to have expired at the moment of the entry’s extinction.
History —Mortgage Law, 1979, § 128.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2453/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2453 - Cancellation; generally
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2453 - Cancellation; generally
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Cancellation of Registry entries may be total or partial.
Cancellation of an entry made without any external curable defect shall become totally effective with regard to the third party who, because of it, has acquired and recorded a right, even though said cancellation is later annulled for some reason that does not clearly originate from that entry or the Registry.
History —Mortgage Law, 1979, § 129.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2454/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2454 - Total cancellation; when in order
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2454 - Total cancellation; when in order
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Total cancellation shall be in order:
1st. When the recorded real property is completely extinguished.
2nd. When the recorded right is completely extinguished.
3rd. When the nullity of the title in virtue of which entry was made is ordered judicially.
4th. When the nullity of the entry is ordered judicially.
History —Mortgage Law, 1979, § 130.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2455/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2455 - Partial cancellation; when in order
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2455 - Partial cancellation; when in order
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Partial cancellation shall be in order:
1st. When the real property subject to the entry is made smaller.
2nd. When the recorded right is made smaller.
History —Mortgage Law, 1979, § 131.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2456/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2456 - Registrations and notations made by legal instrument or authentic document; requirements an...
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2456 - Registrations and notations made by legal instrument or authentic document; requirements and procedure for cancellation
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Registrations, cautionary notices and notations made by virtue of a legal instrument or authentic document shall be cancelled by means of another legal instrument or document of the same nature, in which the titleholder in whose name the entry is made or his successor or legal representative gives his consent. They shall also be cancelled by virtue of a final court order, duly witnessed or inserted in a judicial order, as the case may be. The provisions in this section shall not impair the special provisions which this subtitle orders for certain cancellations.
History —Mortgage Law, 1979, § 132.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2457/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2457 - Mortgages on community property and to secure negotiable titles; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2457 - Mortgages on community property and to secure negotiable titles; procedure
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The consent of either of the two spouses shall suffice to cancel a mortgage lien on community property, in the event the conveyable instrument is endorsed restrictively for cancellation.
For the cancellation of mortgages that secure negotiable titles, the provisions in existing ordinary or mercantile legislation shall be followed.
History —Mortgage Law, 1979, § 133; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2458/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2458 - Rights extinguished by law or terms of title; entries made by judicial order or mandate and...
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2458 - Rights extinguished by law or terms of title; entries made by judicial order or mandate and those made after cautionary notice of refusal; procedure
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When the right contained in a registration, cautionary notice or notation shall have been extinguished by statutory provision or because it originated in the title that led to the entry, the corresponding entry shall be cancelled at the request of an interested party, without resorting to the requirements set forth in § 2456 of this title. However, lease and sublease contracts, as well as of any other right with a stipulated agreement on extension of time, duly recorded in the corresponding entry, shall not be cancelled until the extension period has expired.
Mortgage registrations shall be cancelled without request of either party when successive recorded entries on the property reveal that it, or the right on which the mortgage was constituted, was attached or sold at public auction to the creditor or to another person; and also, when it appears from successive entries, that the mortgaged property or right was conveyed, by whatever title, to the creditor, according to the Registry.
In cases where entry cancellations have been made by judicial order or mandate, the provisions in § 2463 of this title shall be complied with.
With respect to entries made after a cautionary notice of refusal, in cases where the administrative appeals authorized in § 2279 of this title have been filed, the provisions in §§ 2403 and 2473 of this title shall be followed.
History —Mortgage Law, 1979, § 134; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2459/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2459 - Voluntary extinguishment of right; procedure; registrations and notations by court order; f...
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2459 - Voluntary extinguishment of right; procedure; registrations and notations by court order; final judicial decision
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When a recorded right is extinguished with the consent of the interested parties, this circumstance must be attested in accordance with § 2456 of this title before the registration may be cancelled.
When cancellations of registrations, cautionary notices and notations, based on orders of the court, and those carried out by virtue of public document are in order and the person impaired does not accept the judgment, they may only be cancelled by a final court decision. Cases of expiration by operation of law are excepted.
History —Mortgage Law, 1979, § 135.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2460/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2460 - Cancellation of entry not dependent on consent of interested parties; rules to follow
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2460 - Cancellation of entry not dependent on consent of interested parties; rules to follow
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According to the provisions in the first paragraph of § 2458 of this title, cancellations of entries which do not depend on the consent of interested parties shall be made, subject to the following rules:
First.— Registrations of mortgages and other liens on the right of usufruct shall be cancelled at the request of the owner of the real property by merely presenting the proper document proving the termination of said usufruct by an event beyond the control of the usufructuary.
Second.— When a property or encumbered right is alienated by the court, entries subsequent to that of the claimant shall be cancelled at the request of the person who ends up being the owner of the property or right by presenting the mandamus ordering the cancellation. The mandamus must include an itemized statement of the legal proceedings and a statement of the fact that the proceeds from the sale were not sufficient to cover the forecloser’s loan or that the balance left over, if any, was deposited to provide for subsequent creditors.
Mortgages and other liens prior to that of the foreclosure shall continue to subsist without cancellation.
The court ordering the foreclosure may order the cancellation of subsequent entries even though they have been made by order of a different judge or court.
Third.— The registration of mortgages constituted on public service projects whose construction is awarded by the state and which are directly and exclusively earmarked for the service referred to shall be cancelled if the grantee’s right is declared rescinded by virtue of the same title in which that extinction appears and the document proving that the amount of the damages duly deposited to cover the payment of the recorded mortgage loan credits the amount of compensation which the grantee should receive in said case.
Fourth.— Registration of submortgages, constituted without notification to the debtor in accordance with § 2612 of this title, may be cancelled by virtue of the deed in which the submortgaging creditor’s rescinded right appears.
When this rule has been complied with, the consent of the submortgage creditor shall also be necessary or a deposit in court of the amount secured by the submortgage, if it were equal to or less than the amount secured by the mortgage.
Fifth.— Registration of mortgages constituted on property under litigation referred to in the 10th paragraph of § 2554 of this title may be cancelled when all or part of the property or right is involved, and in the event a debtor has lost a lawsuit solely by the mere presentation of the final judgment handed down.
Sixth.— Registration of the sale of property subject to rescissory or resolutory conditions may be cancelled, if the reason for the rescission, resolution or nullity is recorded by presenting a document attesting that the sale was cancelled, rescinded or annulled, and that the value of the property or the amount of the payments which, along with the deductions which may be in order, must be refunded, are deposited in the Court of First Instance where the property is located.
If real rights have been constituted on an estate subject to rescissory or resolutory conditions, their registration must also be cancelled with the same document, providing said deposit is made.
History —Mortgage Law, 1979, § 136.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2461/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2461 - Rights of interested parties not affected
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2461 - Rights of interested parties not affected
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The provisions in the preceding sections protect the interested parties’ right to take to court whatever action they believe might help and be in order.
History —Mortgage Law, 1979, § 137.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2462/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2462 - Mortgage to secure titles conveyable by endorsement; deeds for cancellation; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2462 - Mortgage to secure titles conveyable by endorsement; deeds for cancellation; procedure
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Mortgage registrations constituted to secure obligations represented by titles that may be conveyed by endorsement or payable to the bearer, no matter what they are called, shall be totally or partially cancelled by a deed granted by the legitimate owners of the aforementioned titles, without prejudice to the provisions of § 2460 of this title, concerning cancellations of subsequent liens. In any event, identification of the titles and their nullity or partial reduction in the foreclosure proceedings must appear in the deed. If all or some of said titles have been lost or destroyed without the preceding requirements, said registrations can only be cancelled by presentation of an unappealable judgment in which the obligations represented by said deeds are rendered extinguished.
In the case of deeds for the cancellation of titles conveyable by endorsement, the notary shall be duty bound to attest that the person appearing before him is the endorsee or that the last endorsement was frustrated.
History —Mortgage Law, 1979, § 138; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2463/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2463 - Entries by judicial order; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2463 - Entries by judicial order; procedure
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Entries made by judicial order shall be cancelled by a final judicial resolution issued by a competent court, duly witnessed or inserted in the corresponding order.
History —Mortgage Law, 1979, § 139.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2464/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2464 - Cautionary notice—Expiration; effective time
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2464 - Cautionary notice—Expiration; effective time
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Regarding the cautionary notices that have expired, the Registrar may, automatically, or at the request of the interested party, enter a note to that effect.
Expiration becomes effective when the term allotted has elapsed.
History —Mortgage Law, 1979, § 140.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2465/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2465 - Cautionary notice—Not originating from judicial order or expiration; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2465 - Cautionary notice—Not originating from judicial order or expiration; procedure
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Cautionary notices not originating from judicial orders or administrative provisions shall be cancelled when the right they are subject to is extinguished, and also when the interested parties so agree, by means of the same kind of documents as those which put them into effect. Cautionary notices that have no expiration date may be cancelled four years after their date of issue, except for those that have a different expiration date designated by law. However, this term may be extended by order of the court for additional four-year periods, provided the extensions are presented in the Registry of Record before the entry is cancelled.
History —Mortgage Law, 1979, § 141.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2466/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2466 - Cautionary notice—Cancellation in order
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2466 - Cautionary notice—Cancellation in order
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The cancellation of a cautionary notice shall be in order when:
First.— The verdict in an unappealable judgment favors the defendant in the cases and assumptions referred to in the first paragraph of § 2401 of this title.
Second.— A court orders the lifting of an attachment, seizure, injunction against alienation, or annotation or complaint. If the property or right subject to notation is alienated or awarded in payment, the cancellation shall be a result of the registration in the name of the acquirer or the successful bidder.
Third.— A declaration of insolvency or bankruptcy is unfounded or dismissed.
Fourth.— The court orders the final dismissal of the annotated complaint for any reason.
Fifth.— The person in whose favor the notice was made waives it or the secured right by public document.
Sixth.— When the suit, filed for the purpose of obtaining some of the resolutions indicated in number 6th of § 2201 of this title, is dismissed by an unappealable judgment.
Seventh.— When a notice becomes a final registration in favor of the same person in whose behalf it was entered, or in behalf of his successor, either without the request of the parties or by request of a party.
Eighth.— When the legatee claims his inheritance.
Ninth.— When the financial backer of interim financing has been paid.
History —Mortgage Law, 1979, § 142; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2467/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2467 - Cautionary notice—Manner of effecting cancellation
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2467 - Cautionary notice—Manner of effecting cancellation
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Cancellation shall be made by presentation of the final judicial resolution and the mandamus ordering it, the public writ or document in which the material facts are proved or, when applicable, at the request of the interested parties.
History —Mortgage Law, 1979, § 143.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2468/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2468 - Tax embargo
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2468 - Tax embargo
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Property Registrars shall cancel notations of tax embargoes six years after the date of the respective entry, at the request of a party, by notarized affidavit.
History —Mortgage Law, 1979, § 144.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2469/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2469 - Mortgages expiring twenty years before or with no maturity date; requirements
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2469 - Mortgages expiring twenty years before or with no maturity date; requirements
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At the request of a party, by notarized affidavit, Registrars shall cancel mortgages which expired more than twenty years before or, if they had no maturity date when granted, after being established, provided the following conditions are met:
(1) That no lawsuit or procedure for the collection or foreclosure of the mortgage whatsoever appears in the Registry.
(2) That in spite of the time that has elapsed, the Registry does not reveal that said lien still exists because of some claim, act or acknowledgment that may denote the existence of a mortgage, by suspension or interruption of the releasing prescription, or any other cause.
History —Mortgage Law, 1979, § 145.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2470/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2470 - Rights; presumption of extinction
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2470 - Rights; presumption of extinction
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Cancellations made according to the provisions in § 2471 of this title shall lead to the presumption that the right said entry refers to is extinguished and any subsequent acquirer of the property or released right shall benefit fully from this presumption, under the conditions provided by § 2355 of this title.
History —Mortgage Law, 1979, § 146.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2471/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2471 - Conditions to appear in cancellation
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2471 - Conditions to appear in cancellation
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Cancellation of any entry must necessarily contain the following conditions:
1st. The registration number or the notation letter which is being cancelled and the right to which it refers. When it refers to a marginal note of a right, its identifying elements shall be specified according to the order and location which it has regarding the main entry to which it is attached.
2nd. The cause or reason for the cancellation.
3rd. The names and personal data of the grantors or of the person or persons at whose request or with whose consent the cancellation is made, and when it is made in the name of a person other than the one in whose behalf the cancelled entry appears, the evidence proving the representation of the person requesting or giving his consent.
4th. The kind of document by virtue of which the cancellation is made and its date. If it is a deed, the name and address of the authorizing notary; if it is an administrative or judicial document, the court authority or public official authorizing it shall be specified.
5th. A statement that the corresponding entry was totally or partially cancelled.
6th. The part of the property that has disappeared or the part of the right that is extinguished, and that which remains, when there is a partial cancellation.
7th. The day and hour of presentation of the document in the Registry, by virtue of which the cancellation is made, as well as the number of the presentation entry and volume of the Day Book.
8th. The date of cancellation and the Registrar’s signature.
When a cancellation is in order because of a court decision or because of the title which produced the registry operation, in accordance with § 2458 of this title, the reason for the extinction of the registered right must be stated in the entry which is made, with a brief notation of the facts of the case.
History —Mortgage Law, 1979, § 147.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2472/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2472 - Omission of conditions; effect
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2472 - Omission of conditions; effect
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The provisions in § 2321 of this title shall be followed regarding the statement on personal data established in the preceding section.
History —Mortgage Law, 1979, § 148.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-115/2473/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473)›§ 2473 - Entries after notification of lawsuit; summons; cancellation free of charge
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2473 - Entries after notification of lawsuit; summons; cancellation free of charge
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It shall be understood that persons recording their rights after a notation is made have been notified of the existence of the lawsuit for all legal purposes, and have consented to the cancellation of their entries in the event a property is sold judicially, although their titles are dated prior to the notation.
Should the judgment handed down grant recovery or admit the existence of a real right, action shall be taken in accordance with the provisions in this section, cancelling the contradictory entries made after the notation, or recording the declared rights, as the case may be.
In cases of mortgage foreclosures, those who have recorded or noted their rights after the mortgage and prior to the notation of a lawsuit, must be notified of the auction in accordance with the procedural law in force in the defendant’s case, without which the court cannot order the cancellation of these entries.
The defendant titleholder, who has appeared at the trial, as well as the third owner who has proceeded according to § 2414 of this title, must be summoned for the auction through his lawyers.
The cancellation of subsequent entries to those referred to in this section shall be made free of charge, and, in every case, must be ordered by the court by a mandamus in which each entry to be cancelled is indicated.
History —Mortgage Law, 1979, § 149; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-117/2501/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 117 - Rectification of Errors in Entries (§§ 2501 — 2505)›§ 2501 - Presentation entries or notes not made by virtue of title
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 117 - Rectification of Errors in Entries (§§ 2501 — 2505) › § 2501 - Presentation entries or notes not made by virtue of title
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Errors made by the Registrar while making an entry can be rectified as provided in the regulations.
When errors have been made in presentation entries or notes which are not made directly and specifically by virtue of a title, and in reference indications, they may be rectified even though the title motivating the registration may not be available, provided that the corresponding main registration is sufficient to reveal the error and it is possible to rectify the latter by it.
History —Mortgage Law, 1979, § 150.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-117/2502/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 117 - Rectification of Errors in Entries (§§ 2501 — 2505)›§ 2502 - Corrections which do or do not affect rights of registered titleholders; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 117 - Rectification of Errors in Entries (§§ 2501 — 2505) › § 2502 - Corrections which do or do not affect rights of registered titleholders; procedure
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Errors made by the Registrar when making an entry may be rectified, provided they do not affect the rights of registered titleholders, either automatically or at the request of the interested party, provided the instrument motivating the action is at hand.
When rectification might affect the rights of registered titleholders, their consent or a judicial resolution ordering the rectification of the entries shall be required.
History —Mortgage Law, 1979, § 151.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-117/2503/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 117 - Rectification of Errors in Entries (§§ 2501 — 2505)›§ 2503 - Moving entry into folio of another property; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 117 - Rectification of Errors in Entries (§§ 2501 — 2505) › § 2503 - Moving entry into folio of another property; procedure
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When the error consists of making an entry in a folio belonging to a different property than the one in which it should have been made, the entry shall be moved to the appropriate place and folio, according to the provisions in the Regulations, provided that after the error was made no titles were registered which could be affected by the move, in which case the consent of all the interested parties or a judicial resolution to that effect shall be required.
History —Mortgage Law, 1979, § 152.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-117/2504/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 117 - Rectification of Errors in Entries (§§ 2501 — 2505)›§ 2504 - Lack of signature of registrar; action by registrar in charge of section
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 117 - Rectification of Errors in Entries (§§ 2501 — 2505) › § 2504 - Lack of signature of registrar; action by registrar in charge of section
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When the Registrar’s signature is missing from an entry, the Registrar in charge of the section may sign it if the note of registration was duly signed in the presentation entry in the Day Book. If not, the Registrar shall act if he deems that the entries were made lawfully. For this purpose, he may request the return of the documents on which the entries were based or other certified copies thereof.
History —Mortgage Law, 1979, § 153.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-117/2505/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 117 - Rectification of Errors in Entries (§§ 2501 — 2505)›§ 2505 - Effective date of rectification
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 117 - Rectification of Errors in Entries (§§ 2501 — 2505) › § 2505 - Effective date of rectification
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Rectification of an error shall become effective on the date it took place, which date must appear in the rectification entry itself, without prejudice to the right which third parties may have to file suit for misrepresentation or nullity of the title referred to in the entry containing the error or in the entry itself.
History —Mortgage Law, 1979, § 154.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2551/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2551 - Effect; nature; voluntary or statutory
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2551 - Effect; nature; voluntary or statutory
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A mortgage directly and immediately binds an estate and the rights on which it is imposed, whoever its owner or titleholder may be, to the fulfillment of the obligation for the security of which it was constituted.
Recorded mortgages shall be strictly real encumbrances, permitting mortgage loans to be made regardless of any subsequent right that is acquired on the same property or mortgage rights.
Mortgages are voluntary or statutory.
History —Mortgage Law, 1979, § 155.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2552/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2552 - Security for obligation
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2552 - Security for obligation
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A mortgage may be constituted to secure any kind of obligation and shall not alter the personal liability of the debtor which is established in § 5171 of Title 31.
History —Mortgage Law, 1979, § 156.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2553/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2553 - Real estate and rights which may be mortgaged generally
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2553 - Real estate and rights which may be mortgaged generally
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The following may be mortgaged:
1st. Real estate which can be recorded.
2nd. Rights which may lawfully be recorded and conveyed that are imposed on the property itself.
History —Mortgage Law, 1979, § 157.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2554/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2554 - Other property and rights which may be mortgaged
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2554 - Other property and rights which may be mortgaged
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The following may also be mortgaged:
1st. The right of usufruct, but the mortgage shall be extinguished when this right ends due to an act beyond the control of the usufructuary. If he chooses to end it, the mortgage shall remain until the secured obligation is met, or until the expiration of the term during which the usufruct would have naturally ended had the act ending it not taken place.
2nd. The bare legal title, but if the usufruct is consolidated with the property in the name of the owner, not only shall the mortgage subsist, but it shall be extensive to the usufruct itself, when there is no agreement to the contrary.
3rd. Property or rights which have been previously mortgaged, even though there is an agreement not to remortgage them.
4th. A voluntary mortgage right, but leaving until a later date the mortgage which may be constituted on it pending the resolution of that same right.
5th. Land rights or any other similar right of a real nature.
6th. A recorded lease right, unless the lessee is prohibited from conveying or subleasing, but the mortgage constituted on it shall remain subject to cancellation of the lease because of causes beyond the lessee’s control. When the cancellation is made for causes controlled by the will of the lessee, the mortgagor may subrogate his place and stead as assignee, either by agreement among the interested parties or by decision of a competent court, which may thus resolve it as a cautionary measure or definitively, within the terms of the recorded contract, and in any event, with the determination of the court as to what alterations or modifications shall be made in the original loan according to the equity of the case.
7th. Administrative concessions of mines, railroads, canals, bridges and other public service projects, and the buildings or lands not directly or exclusively used for public service that are in private ownership, although they are attached to those projects with pending mortgages on them, in the first case, awaiting resolution of the right of the concessionaire.
8th. Property sold with a repurchase agreement when the purchaser or his agent limits the mortgage to the amount he would receive in case the sale is made, notifying the seller of the contract so that, if the property is redeemed before the mortgage is cancelled, the sale price is not returned without the consent of the creditor, unless a judicial order to that effect is handed down.
9th. The right to conventional redemption, even though the mortgagor may not claim restitution against the affected property without first redeeming it in the name of the debtor during the period in which the latter has a right, and advancing the amount necessary for this by increasing the mortgage by the sums advanced by the creditor, which shall earn interest at the maximum contractual rate allowed by law. If the seller exercises the right of redemption, the same mortgage shall be placed directly on the redeemed property.
10th. Property in litigation, if a cautionary notice of the original lawsuit has been entered, or if it appears in the registration that the creditor was aware of the lawsuit, but in either case, the mortgage shall be subject to the outcome of the suit.
11th. Property subject to resolutory conditions which are expressly shown in the Record, when the mortgagor’s right is resolved the mortgage is extinguished.
12th. Apartments in a building known as horizontal property or condominium where the constituted mortgage is subject to the provisions of legislation in force concerning horizontal property.
13th. A building built on another’s land but without prejudice to the right of the owner of the land, and with the understanding that only the right that the builder has on the building is subject to such a lien.
14th. Housing units that are a part of a real property under a member-owner cooperative housing regime, said mortgage being subject to the provisions of the laws in effect regarding to such regimes.
—Mortgage Law, 1979, § 158; Sept. 1, 2004, No. 239, § 3.
History
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2555/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2555 - Property and rights which may not be mortgaged
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2555 - Property and rights which may not be mortgaged
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The following cannot be mortgaged:
1st. Easements, unless they are jointly mortgaged with the dominant estate.
2nd. Legal usufructs, except those granted by the Civil Code to surviving spouses.
3rd. Use and occupancy.
4th. Property and rights which are not included in § 2553 of this title.
History —Mortgage Law, 1979, § 159.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2556/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2556 - Coverage
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2556 - Coverage
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A mortgage covers natural accessions, improvements and the proceeds from an indemnity granted or owed to the owner by the insurers of the mortgaged property or by virtue of government eminent domain, and the surplus area of a mortgaged property, even though this eventuality was entered in the Registry after the registration of the mortgage.
History —Mortgage Law, 1979, § 160.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2557/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2557 - Improvements or indemnity mortgaged along with property
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2557 - Improvements or indemnity mortgaged along with property
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In accordance with the provisions of the preceding section, the following shall be considered mortgaged along with the property, even if not mentioned in the contract, provided they belong to the owner:
1st. Improvements consisting of new plantings, irrigation or drainage projects, repairs, safety measures, alterations, conveniences, decoration or additions of stories to buildings, or any other similar improvements, and the annexation of land by natural accession.
2nd. Indemnity granted or owed to the owner of the mortgaged property, either from insurance, provided the damage took place after the mortgage was constituted, or by eminent domain. If any of these indemnities should be paid before the expiration of the obligation insured, and the one who is to pay it has been previously notified of the existence of the mortgage, the proceeds shall be deposited according to the wishes of the interested parties or, if there is no such agreement, as provided by the court.
History —Mortgage Law, 1979, § 161.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2558/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2558 - Property and rights not included
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2558 - Property and rights not included
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Unless there is a specific agreement or legal provision to the contrary, a mortgage, whatever the nature and form of the obligation that it secures, shall not include:
(1) Movable objects that are permanently placed on the mortgaged property, either for its decoration, comfort or development, or for industrial use, unless they cannot be removed without breaking the material or deteriorating the object.
(2) The crops, in whatever state they may be.
(3) Rentals which are due and unpaid at the time payment of the secured loan is required.
(4) The construction of new buildings where there were none before.
History —Mortgage Law, 1979, § 162.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2559/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2559 - Transfer to third owner; effect on movables and improvements
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2559 - Transfer to third owner; effect on movables and improvements
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When a mortgaged property passes into the hands of a third owner without an obligatory debtor, the mortgage shall not cover movables permanently placed in the buildings, nor improvements that do not consist of repairs, safety measures or alterations, provided one or the other was paid for by the new owner.
History —Mortgage Law, 1979, § 163.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2560/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2560 - Sale of mortgaged property; effect
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2560 - Sale of mortgaged property; effect
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When a mortgaged property is sold and the seller and the purchaser should have agreed that the buyer shall subrogate himself not only with respect to the liabilities derived from the mortgage, but also with respect to the personal obligations secured therein, the seller shall be released from said obligations, if the creditor gives his express or tacit consent.
If there was no agreement to convey the obligation, but the buyer has deducted this amount from the sale price, or retained it, even though it is not so stated in the deed, and when the obligation was due it was paid by the debtor who sold the property, the latter shall be subrogated in the creditor’s place and stead until the purchaser reimburses the full amount owed.
History —Mortgage Law, 1979, § 164; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2561/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005)›Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821)›Chapter 119 - Mortgages (§§ 2551 — 2651)›Subchapter I - Mortgages Generally (§§ 2551 — 2577)›§ 2561 - Accessions or improvements not mortgageable; rights of owner
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2561 - Accessions or improvements not mortgageable; rights of owner
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The owner of the accessions or improvements, which are not understood to be mortgageable according to § 2557 of this title, may demand in every case or keep the objects involved, if the latter can be done without depreciating the value of the rest of the property.
If he demands payment for them, he may not delay fulfillment of the main obligation under the pretext of cashing in his right but rather shall have to collect what is due him from the price of the property itself when it is alienated to pay off the loan.
If the accessions or improvements cannot be removed without damaging the property, their owner shall collect what they cost, even though the amount left over may not be enough to cover the mortgage loan; but if they can be removed without said damage, and the choice is made, however, not to remove them, they shall be disposed of separately from the estate, and only their price shall be at the disposal of said owner.
History —Mortgage Law, 1979, § 165.
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