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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2562/
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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)›§ 2562 - Interest-drawing loan; secured interest
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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) › § 2562 - Interest-drawing loan; secured interest
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Unless there is an agreement to the contrary, a mortgage granted on an interest-drawing loan shall only secure, with prejudice to a third party, in addition to the principal, interest for the last two years that have elapsed and the part due from the current annual payment.
No stipulation may be made in any case that the mortgage secures the interest for more than five years. When a lump sum is established in the deed for interest payments, it may not exceed the amount corresponding to five annual interest payments.
History —Mortgage Law, 1979, § 166.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2563/
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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)›§ 2563 - Interest payments due; security; increase in mortgage
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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) › § 2563 - Interest payments due; security; increase in mortgage
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In order to secure interest payments that are due and not paid which were not guaranteed in accordance with the preceding section, the creditor may demand an increase in the mortgage on the mortgaged property itself from the debtor. In no case shall this increase prejudice the real rights recorded prior to it. If the mortgaged property does not belong to the debtor, the creditor may not demand that the aforementioned increase be constituted on it, but he may exercise an equal right with regard to any other property or rights belonging to the debtor that may be mortgaged.
History —Mortgage Law, 1979, § 167.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2564/
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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)›§ 2564 - Ground rent; delinquent pension taxes; rights of creditor
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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) › § 2564 - Ground rent; delinquent pension taxes; rights of creditor
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A creditor of delinquent annual ground rent pension taxes may not claim restitution against the encumbered estate, with prejudice to another subsequent mortgage creditor or lender, except under the terms and with the restrictions established in the preceding §§ 2562 and 2563 of this title, but he may demand a mortgage in the event and with the limitations that he is entitled to demand on the encumbered estate.
History —Mortgage Law, 1979, § 168.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2565/
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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)›§ 2565 - Deterioration of mortgaged property; avoidance of remedy or damage
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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) › § 2565 - Deterioration of mortgaged property; avoidance of remedy or damage
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When the mortgaged property deteriorates, substantially depreciating its value, because of the owner’s fault, negligence or consent, the creditor may request from the Court of First Instance in the Part where the property is located a pertinent resolution ordering the owner to do or not to do what may be in order, to avoid or to remedy the damage. If, in spite of said order, the owner continues to let it deteriorate, the Court may decree judicial administration of the property.
History —Mortgage Law, 1979, § 169.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2566/
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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)›§ 2566 - Mortgage on several properties; liability for each specified; exceptions
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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) › § 2566 - Mortgage on several properties; liability for each specified; exceptions
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When several properties are mortgaged at the same time by a single loan, the amount or part of the lien which each must be liable for shall be specified.
Excepted from what is provided above, mortgages are constituted to secure farmers’ argicultural loans, are redeemable by partial annual payments for a period not less than ten years, and interest no higher than the maximum permissible interest rate, in accordance with what is established by the legislation in force, when the mortgage debtor so recognizes or admits this in the mortgage deed, or by any other authentic means.
History —Mortgage Law, 1979, § 170.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2567/
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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)›§ 2567 - Right to claim limited to fixed liability
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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) › § 2567 - Right to claim limited to fixed liability
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After having recorded that part of the loan in the Registry for which each of the mortgaged properties or rights is liable, restitution may only be claimed against them with prejudice to a third party for the amount they are respectively affected, and that amount corresponding to interest, in accordance with the provisions in the preceding sections.
History —Mortgage Law, 1979, § 171.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2568/
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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)›§ 2568 - Entire loan not covered by mortgage; right to claim against other properties
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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) › § 2568 - Entire loan not covered by mortgage; right to claim against other properties
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If the mortgage does not cover the entire loan, what is provided in the preceding section shall be understood not to be prejudicial to the creditor’s ability to claim restitution for the difference against the remaining mortgaged properties that the debtor owns, but without preference, as to said difference, for those who have acquired a real right on the same properties after the mortgage was recorded.
History —Mortgage Law, 1979, § 172.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2569/
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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)›§ 2569 - Reduction of obligation; mortgage intact
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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) › § 2569 - Reduction of obligation; mortgage intact
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The mortgage shall remain intact on the total mortgaged property as long as it is not cancelled, even though the secured obligation may be reduced, and on any part of the same property that is kept, even though the remainder has disappeared, but without prejudice to what is provided in the two following sections.
History —Mortgage Law, 1979, § 173.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2570/
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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)›§ 2570 - Division 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) › § 2570 - Division of mortgaged property; effect
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If a mortgaged property is divided into two or more properties, the mortgage loan shall only be distributed among them when the debtor and the creditor so agree. If this distribution is not made, the creditor may claim restitution for the total secured sum against any of the new properties into which the first has been divided, or against all of them at the same time.
History —Mortgage Law, 1979, § 174.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2571/
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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)›§ 2571 - Division of mortgage; partial cancellation on demand
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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) › § 2571 - Division of mortgage; partial cancellation on demand
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When a mortgage constituted to secure a loan has been divided among several properties and part of the loan with which one of them was encumbered is paid, partial cancellation of the mortgage on it may be demanded by the interested party.
If a portion of the loan paid could be applied to the release of one or more of the encumbered properties because it is not less than the amount of the special liability of each one, the debtor shall select the one that is to be released.
History —Mortgage Law, 1979, § 175.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2572/
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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)›§ 2572 - Partial release
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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) › § 2572 - Partial release
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When only one property is mortgaged, or when there are several, and the liability of each has not been indicated because of the occurrence of cases foreseen in the second paragraph of § 2566 and in § 2570 of this title, no demand may be made for the release of any part of the mortgaged property regardless of what part of the loan the debtor has paid.
History —Mortgage Law, 1979, § 176.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2573/
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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)›§ 2573 - Insufficient sale price; extinction of subsequent loans
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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) › § 2573 - Insufficient sale price; extinction of subsequent loans
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When mortgage loans made by several creditors encumber one or several properties, and they are sold or judicially awarded for payment to the forecloser, so that the sale price does not exceed or equal the mortgage loan which is being liquidated, subsequent loans shall be understood to be extinguished de facto and de jure, and action shall be taken in accordance with the provisions in the second rule of § 2460 of this title. This shall be understood to be without prejudice to the remaining rights and actions that the deferred creditors may lawfully exercise against their debtor.
History —Mortgage Law, 1979, § 177.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2574/
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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)›§ 2574 - Equality of due dates and mortgages; distribution of prorated price
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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) › § 2574 - Equality of due dates and mortgages; distribution of prorated price
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Unless there is an agreement to the contrary, provided the payment of a credit secured by a mortgage is divided into several due dates, and if endorsable bearer titles have been issued, and when two or more mortgages have been constituted on a property or right in the same deed without establishing any priority, it shall be understood that none of said due dates or mortgages has preference over the others, respectively; and all shall enjoy equal rank and legal status, for the purposes of this subtitle. In the event the encumbered properties are sold judicially, and the price obtained in the auction does not cover the total of all the payments or mortgages, this price shall be prorated among the respective creditors in proportion to each one’s interest, and if any of the due dates or mortgages has not expired and the purchaser of the property or right does not wish to consign the part of the price that is in order, acquiring the property or right with the lien, it must so be recorded in the Registry, by virtue of a judicial order that at the same time shall specify the reduction made in the proceeds from the loans, in accordance with what was mentioned before.
History —Mortgage Law, 1979, § 178.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2575/
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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)›§ 2575 - Appraised value noted in deed; indispensable 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 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2575 - Appraised value noted in deed; indispensable requirement
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So that foreclosure and collection of a mortgage loan may be made either in accordance with summary or ordinary procedures, it shall be indispensable that the mortgage deed include the specified price the mortgaged property or real right is appraised at by the interested parties, so that it may serve as a standard for the first auction which must be held.
Standards governing the second and third auctions are indicated in § 2721 of this title.
History —Mortgage Law, 1979, § 179.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2576/
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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)›§ 2576 - Prescription of mortgage action
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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) › § 2576 - Prescription of mortgage action
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The mortgage action prescribes twenty years from the date it could have been brought in accordance with the recorded title.
History —Mortgage Law, 1979, § 180.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-i/2577/
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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)›§ 2577 - Registrations and cancellations; 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 119 - Mortgages (§§ 2551 — 2651) › Subchapter I - Mortgages Generally (§§ 2551 — 2577) › § 2577 - Registrations and cancellations; applicable provisions
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Registration and cancellation of mortgages shall be subject to the legal standards established in §§ 2251-2361 and 2451-2473 of this title for registrations and cancellations in general, without prejudice to the special standards included in this subtitle.
History —Mortgage Law, 1979, § 181.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2601/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2601 - Definition; authorized 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 119 - Mortgages (§§ 2551 — 2651) › Subchapter II - Voluntary Mortgages (§§ 2601 — 2618) › § 2601 - Definition; authorized parties
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Voluntary mortgages are those agreed to between parties, or imposed by order of the owner of the properties or rights on which they are constituted, and may only be established by those having free disposal of these properties or rights, or, if they do not have it, they do have the legal authority to do so.
History —Mortgage Law, 1979, § 182.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2602/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2602 - Establishment by himself or agent; nullity of mortgage granted by unauthorized person
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2602 - Establishment by himself or agent; nullity of mortgage granted by unauthorized person
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Those who have the authority in accordance with the preceding section to establish voluntary mortgages may do so themselves or through an agent.
A mortgage granted by someone who does not have the right to do so shall not be ratified even though the grantor may later acquire this right.
History —Mortgage Law, 1979, § 183.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2603/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2603 - Obligation limited to mortgaged 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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2603 - Obligation limited to mortgaged property
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Notwithstanding the provisions in § 2552 of this title, a valid agreement may be reached in the deed constituting a voluntary mortgage, so that the secured obligation may only be effective on the mortgaged property.
In this case, the debtor’s liability and the creditor’s action shall be limited by virtue of the mortgage loan to the value of the mortgaged property and shall not touch the other assets belonging to the debtor.
When the mortgage thus constituted affects two or more properties, and the value of one of them does not cover that part of the loan it is liable for, the creditor may only claim restitution for the difference against the other mortgaged properties in the manner and with the limitations established in § 2568 of this title.
History —Mortgage Law, 1979, § 184.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2604/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2604 - Future obligation or subject of suspensive condition; effect on third party
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2604 - Future obligation or subject of suspensive condition; effect on third party
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A mortgage constituted for the security of a future obligation or subject to a recorded suspensive condition shall become effective against a third party from the date of its registration, if the obligation is, in fact, contracted or the condition fulfilled.
If the secured obligation is subject to a recorded resolutory condition, the mortgage shall be effective for a third party until fulfillment of the condition is attested to in the Registry.
History —Mortgage Law, 1979, § 185.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2605/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2605 - Unilateral constitution in favor of certain person; acceptance and 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 119 - Mortgages (§§ 2551 — 2651) › Subchapter II - Voluntary Mortgages (§§ 2601 — 2618) › § 2605 - Unilateral constitution in favor of certain person; acceptance and registration
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When voluntary mortgages are constituted by a unilateral act of the owner of the property or right mortgaged in favor of a certain person, the latter’s acceptance shall be entered in the Registry by a note, the effects of which shall be retroactive to the date of its constitution.
If the acceptance of the person in whose favor the mortgage was constituted is not attested to by a notary within two months from the date on which it was required of him, said mortgage may be cancelled at the request of the owner of the property or right and by virtue of the corresponding cancellation deed, without need of the consent of the designated person in whose favor it was constituted.
History —Mortgage Law, 1979, § 186.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2606/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2606 - Transaction or agreements which affect obligation; effect; novation; 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 119 - Mortgages (§§ 2551 — 2651) › Subchapter II - Voluntary Mortgages (§§ 2601 — 2618) › § 2606 - Transaction or agreements which affect obligation; effect; novation; new registration
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Any transaction or agreement between the parties that may modify or destroy the validity of a prior mortgage obligation, such as a payment, compensation, grace period or extension, the agreement or promise not to request the substitution of the original contract and the transaction or commitment shall not become effective against a third party, unless it appears in the Registry as a new registration, as a total or partial cancellation, or as a notation, whichever is applicable.
If a transaction or agreement between the parties leads to a total or partial substitution of the recorded contract, a new registration shall be made and the preceding one shall be cancelled. When it motivates the resolution and nullity of the same contract, wholly or partially, a partial or total cancellation shall be made. And when its purpose is to put into effect a recorded contract with a pending suspensive condition, a note shall be made.
History —Mortgage Law, 1979, § 187.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2607/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2607 - Requirements for valid constitution
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2607 - Requirements for valid constitution
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In order for voluntary mortgages to be validly constituted, it is required:
First.— That they be stipulated in a deed.
Second.— That the document be recorded in the Property Registry.
—Mortgage Law, 1979, § 188.
History
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2608/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2608 - Exchange or postponement; 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 119 - Mortgages (§§ 2551 — 2651) › Subchapter II - Voluntary Mortgages (§§ 2601 — 2618) › § 2608 - Exchange or postponement; requirements
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A recorded mortgage may be exchanged for another of lower rank or postponed for another to be constituted in the future in accordance with the following requirements:
First.— That the creditor who is exchanging or is going to postpone expressly consents to the exchange or postponement in a public document.
Second.— That the exchange or postponement has the consent of future or intermediate creditors who appear in the Registry. In the event of an exchange or postponement, the holders of liens on the postponed or exchanged mortgage must always give their consent.
Third.— That when a future mortgage is converted into one of higher rank, the maximum liability as to capital, interest costs or other concepts must be determined, as well as its maximum duration.
Fourth.— That the mortgage that is to have preference, whether it be a future mortgage or one granted simultaneously, be recorded within the term necessarily agreed upon to such effect, which must not exceed four years.
After the expiration of the term indicated in number four, if the new mortgage has not been recorded the right to postponement shall expire.
The recording of a postponement in favor of a future mortgage shall only affect third persons acquiring the postponed mortgage.
History —Mortgage Law, 1979, § 189.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2609/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2609 - Interest on loan—Requirements for security
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2609 - Interest on loan—Requirements for security
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Interest on the loan shall only be considered secured by the mortgage in the manner prescribed in §§ 2562 and 2563 of this title when the stipulation and amount of said interest arise from the registration itself. The mortgage creditor may claim restitution against the mortgaged property for payment of the interest due, regardless of the date on which the capital must be refunded; but if there is a third person interested in this property who could be injured by the restitution claim, the amount claimed in the restitution claim may not be more than that guaranteed in accordance with § 2562 of this title.
History —Mortgage Law, 1979, § 190.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2610/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2610 - Interest on loan—Claim by civil suit
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2610 - Interest on loan—Claim by civil suit
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That part of the interest that the creditor cannot demand in a mortgage foreclosure may be claimed from the obligated person in a civil suit, except in the case foreseen in § 2603 of this title.
History —Mortgage Law, 1979, § 191.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2611/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2611 - Mortgaged ground rent leasehold; redemption; right of mortgage creditor
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2611 - Mortgaged ground rent leasehold; redemption; right of mortgage creditor
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When a mortgaged ground rent leasehold is redeemed, the mortgage creditor shall have the right to make the redeemer, at his option, either pay off the whole loan with the interest due and to become due, or take over his own mortgage on the property encumbered with the leasehold. In the latter case, a new mortgage registration shall be made, which shall clearly express this fact and become effective on the date of the previous registration.
History —Mortgage Law, 1979, § 192.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2612/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2612 - Alienation, cession or submortgage of mortgage credit—Effect on third party
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2612 - Alienation, cession or submortgage of mortgage credit—Effect on third party
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Alienation, cession or submortgaging of the mortgage credit shall affect a third party from the date of its recording in the Registry.
The mortgage debtor shall not remain obligated by this contract by more than he is by his own, provided he has been notified in accordance with the following section. The cessionary shall subrogate himself to all the rights of the conveyer.
History —Mortgage Law, 1979, § 193.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2613/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2613 - Alienation, cession or submortgage of mortgage credit—Notice; responsibility for failure to...
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2613 - Alienation, cession or submortgage of mortgage credit—Notice; responsibility for failure to notify
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A notarized notice of the mortgage credit cession contract, submortgage or any other form of alienation of the loan shall be given to the debtor or titleholder of the property if they are different persons, unless the case in § 2614 of this title is applicable. Notification of the cession to the debtor shall appear in the registration, and if the document attesting to presentation of the notification is presented in the Registry after registration is made, the corresponding note shall be entered. When it is in order to inform the debtor of the cession of the mortgage loan, and this requirement is omitted, the conveyer shall be liable for any damages to the cessionary caused by this error.
History —Mortgage Law, 1979, § 194.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2614/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2614 - Titles by endorsement or to bearer secured by mortgage— Conveyance of mortgage right
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2614 - Titles by endorsement or to bearer secured by mortgage— Conveyance of mortgage right
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When a mortgage is constituted to secure titles conveyable by endorsement or to the bearer, the mortgage right shall be considered conveyed along with the title, without the need of making it known to the debtor or noting the conveyance in the Registry.
History —Mortgage Law, 1979, § 195; 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-ii/2615/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2615 - Titles by endorsement or to bearer secured by mortgage—Deed to guarantee title; content
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2615 - Titles by endorsement or to bearer secured by mortgage—Deed to guarantee title; content
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A mortgage deed to guarantee titles conveyable by endorsement or to the bearer shall consign, in addition to data usually included in all mortgage loans, those regarding the number and value of the titles issued, their corresponding serial numbers, the date or dates issued, the terms and manner in which they shall be paid off and any other data that may serve to determine the conditions of said titles; and when they are to the bearer, it shall be expressly shown that the mortgage is constituted in favor of their present or future holders. Therefore, the date and number of the deed and the authorizing notary must also appear in the titles issued.
In the mortgage deeds originated to guarantee title to the bearer and in mortgages to guarantee titles conveyable by endorsement to a natural or juridical person, the appearance of the natural or juridical person to whom the same are issued shall not be necessary. The provisions of § 2605 of this title shall not be applicable to these mortgages.
History —Mortgage Law, 1979, § 196; June 19, 2008, No. 95, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2616/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2616 - Lines of credit; mortgage deed content
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2616 - Lines of credit; mortgage deed content
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A mortgage may also be constituted to secure lines of credit, specifying in the deed the maximum amount the mortgaged property or right is liable for, and the date or maturity, showing whether the latter is extensible or not, and, if it is, the allowable extension time and the terms for liquidating the account.
History —Mortgage Law, 1979, § 197.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2617/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2617 - Periodic income or remittances; constitution of secured mortgage; 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 119 - Mortgages (§§ 2551 — 2651) › Subchapter II - Voluntary Mortgages (§§ 2601 — 2618) › § 2617 - Periodic income or remittances; constitution of secured mortgage; conditions; effect
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A mortgage may be constituted to secure periodic income or remittances by an agreement between the parties or by a unilateral act. When it is constituted by a unilateral act of the owner of the mortgaged property or right, the provisions in § 2605 of this title shall apply. If it is constituted in a last will and testament, the will, accompanied by the necessary complementary documents, shall be sufficient title to record it. The acceptance of the person collecting the rent or the beneficiary of the remittances may be given in the deed of partition of the estate or in a separate deed.
Any person auctioning the properties encumbered with the mortgage indicated in this section shall acquire them with its subsistence and that of the obligation to pay the rent or remittances until it expires or is extinguished. The mortgage shall have the same effect on third parties; but with respect to rentals due and those unpaid, third parties shall only be injured in the manner indicated in §§ 2562 and 2563 of this title.
Unless there is an agreement to the contrary, six months after the date consigned in the Registry, when the last rent or remittance should have been made, the titleholder of the mortgaged property or right may request cancellation of the mortgage, provided there is no record of any entry indicating that the contract has been modified or a suit filed against the debtor for the payment of said rentals or remittances.
An agreement to the contrary authorized in the preceding paragraph may not, in any case, exceed five years.
History —Mortgage Law, 1979, § 198.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-ii/2618/
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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 II - Voluntary Mortgages (§§ 2601 — 2618)›§ 2618 - Third party, subsistence of mortgage
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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 II - Voluntary Mortgages (§§ 2601 — 2618) › § 2618 - Third party, subsistence of mortgage
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As long as a registration is not cancelled, the mortgage shall subsist for a third party.
History —Mortgage Law, 1979, § 199.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-119/subchapter-iii/2651/
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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 III - Statutory Mortgages (§ 2651)›§ 2651 - Nature; titleholders; 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 119 - Mortgages (§§ 2551 — 2651) › Subchapter III - Statutory Mortgages (§ 2651) › § 2651 - Nature; titleholders; preference
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A statutory mortgage is constituted in favor of the Commonwealth of Puerto Rico, the Center for Collection of Municipal Incomes of the Commonwealth of Puerto Rico, and its corresponding municipalities on the taxpayers’ property for land taxes pertaining to the last five annual assessments and for current unpaid taxes encumbering it. This statutory mortgage is implicit and specifies a preference in favor of its titleholders above all other creditors and over the third acquirer, even though he may have recorded his rights.
History —Mortgage Law, 1979, § 200; Aug. 30, 1991, No. 83, § 7.07.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2701/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2701 - Summary procedure—Applicable provisions; ordinary way; costs and attorney’s fees
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2701 - Summary procedure—Applicable provisions; ordinary way; costs and attorney’s fees
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Once a mortgage loan or its interest has wholly or partially become due, the procedure for its foreclosure and collection, when levied solely against the property encumbered with the mortgage, shall conform to the provisions in this subtitle.
At his option, a mortgage creditor may also resort to ordinary judicial procedures to collect his loan, in which case only the following sections shall be applicable: 2702, 2707 pars. V and VI, 2711, 2720-2724, 2726, excluding the clause that refers to the requirement for confirmation, 2727-2729, 2731, 2732, 2734.
Mortgaged properties are not liable for court costs and attorneys’ fees arising from a judicial claim on a mortgage loan, if the amount agreed upon for this purpose is not entered in the Registry.
The holder of two or more overdue mortgage loans constituted by the same debtor on one or more of his properties located in the jurisdiction of a single Court of First Instance Part, may combine both the foreclosure and the collection in a single summary mortgage procedure.
History —Mortgage Law, 1979, § 210; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2702/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2702 - Summary procedure—Jurisdiction and venue; circumstances for determination
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2702 - Summary procedure—Jurisdiction and venue; circumstances for determination
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The Court of First Instance Part in whose jurisdiction all the mortgaged properties are located shall have jurisdiction and exclusive venue to take cognizance of the summary mortgage procedure, whatever the amount of the obligation may be, and without admitting in any way the submission of another party to the contrary.
If the encumbered property is located in the jurisdiction of more than one Part, or when several mortgaged properties are located in the jurisdictions of different Court of First Instance Parts, any of them may have jurisdiction and shall be competent to take cognizance of the summary procedure.
In cases covered by the preceding paragraph, the parties may choose any one of the competent Parts by mentioning it in the mortgage deed.
History —Mortgage Law, 1979, § 202.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2703/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2703 - Summary procedure—Prior requisites
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2703 - Summary procedure—Prior requisites
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In order for the procedure for foreclosure and collection of a mortgage loan to be valid, the debtor or his successors in the secured obligation must, after its expiration, first be ordered to pay the exact amount owed for all concepts, except for the amount stipulated for court costs and attorneys’ fees in the event of a judicial collection, at least twenty (20) days before the date of the beginning of the procedure. The third owner or titleholder of the encumbered property or real right shall also be ordered to pay, if his acquisition was authentically recorded or proved.
This demand for payment may be made by notary or by certified mail with acknowledgment of receipt, to the last correct address of the debtor, the third owner or his heirs, with the admonition that if payment is not made within 20 days, a summary foreclosure procedure shall be initiated.
If the debtor or, when applicable, the third owner, is outside Puerto Rico in hiding to avoid the payment order, or if his whereabouts are unknown and this is satisfactorily proved, the payment order shall be sent to his last known address, as well as if the debtor or the third owner had died, and his successors are unknown. If no address is known, it shall be sent to the address of the property.
If the encumbered property is community property, and one of spouses is outside Puerto Rico while the other is in Puerto Rico, or if one is in hiding to avoid receiving the payment order, or his whereabouts are unknown, it shall be deemed that the delivery of said requirement has been complied with, when the spouse who is present receives it by one or another of the channels indicated in the paragraph.
History —Mortgage Law, 1979, § 203; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2704/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2704 - Summary procedure—Demand for payment by notary or by letter; procedure to follow when perso...
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2704 - Summary procedure—Demand for payment by notary or by letter; procedure to follow when person is summoned
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A notarial demand for payment or one made by letter mentioned in § 2703 of this title shall be made in the following way:
If the person to be summoned is an adult, the payment order shall be sent to him or to his agent if he is empowered to pay his debts, to represent him in a trial or to receive notifications.
If he is a minor, 14 years of age or older, he shall be summoned by notary or by mail in the manner previously indicated and, in addition, his father or mother with patria potestas, or his guardian, shall be summoned. If they are not in Puerto Rico, any person who has charge of or cares for the minor, or with whom he lives, shall be summoned instead.
If he is less than 14 years of age, the notarial demand or letter must be made in his name and mailed to the parent with patria potestas or to his guardian; if they are not in Puerto Rico, it shall be addressed, instead, to any person in charge of the minor or who cares for him, or with whom he lives.
If the debtor or third owner is declared legally incompetent and a guardian is named, the demand or mail dispatch shall be made instead to his guardian; and if he should be confined in an institution for the treatment of mental illnesses, the summons or dispatch must also be sent to the director of the institution.
If the creditor knows that the person to be served is demented, or a deaf-mute who does not know how to read or write, suffers from mental retardation, or lacks the faculty of understanding or reasoning to such a degree that it impedes him/her from understanding what is being served to him/her or from acting in his/her defense, or if the person is a mental incompetent of any kind whose disability has not been judicially declared, and if that condition is notoriously and publicly known, he/she shall be served, or it shall be delivered to him/her personally, and also to his/her spouse, if he/she has one, or to his/her father, mother, child over 14 years of age, or to his other closest relative, or to the person who has custody of him/her.
If he is confined in a penal institution, the summons shall be delivered only in notarial form, and in the presence of the director or assistant director of the institution or of the public employee who may then be taking their place.
If it is a corporation, company, association or any other corporate body, the notarial summons or the mail delivery shall be made, in its name, either to the resident agent, to a director or administrative official, general agent, managing partner, or to any other person legally authorized to be summoned notarially for payment, or by mail, as indicated.
History —Mortgage Law, 1979, § 204; June 14, 1980, No. 143, p. 535; Dec. 14, 1997, No. 142, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2705/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2705 - Summary procedure—Payment or remittance; opportunity to make; interest
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2705 - Summary procedure—Payment or remittance; opportunity to make; interest
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The payment or remittance may be made at any time prior to the filing of the initial brief, without being obligated at that time to pay all or part of the amount agreed to in the mortgage deed for court costs and attorneys’ fees. Interest must be computed and paid up to the date of their payment or remittance.
If the demand for payment is notarial, the creditor must also be paid the amount provided in the Regulations, or it must be deposited in the court, for each person demanded, as sole payment for services rendered and expenses incurred in the delivery of the notarial demand. Any agreement to pay or deposit a greater amount to cover these services shall be illegal.
As soon as the creditor has been paid the full amounts previously demanded of the debtor or, when applicable, the third owner, as well as the additional amount to which the previous paragraph refers, the corresponding public document for cancellation of the mortgage loan, if in order, shall be granted at the request of an interested party and before the notary designated by him; or he shall endorse the conveyable title which attested to the debt. The expenses and fees involved shall be charged to the party seeking the cancellation or endorsement.
In the event it is decided to deposit the amount required by the debtor plus the payment of fees, if the order was made notarially, the original demand for payment must accompany the writ of consignment as well as a certificate that the creditor was sent a copy of the writ of consignment to his last known address by certified mail with return receipt requested.
Five (5) working days after having made the judicial deposit to which this section refers when applicable, if the amount consigned coincides with the amount claimed in the demand for payment, plus the fees if made notarially, if there is no opposition, the court shall declare it properly made and consequently, the main secured obligation extinguished, and it shall order the Registrar to cancel all or part of the mortgage security, if in order. In case the amount consigned is not equal to the demand for payment, the deposit shall be invalid.
If the secured obligation is represented by a negotiable title, before ordering the referred cancellation, the court shall make sure that said title is cancelled, and this shall appear in the order.
History —Mortgage Law, 1979, § 205; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2706/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2706 - Summary procedure—Initial brief; requirements; content
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2706 - Summary procedure—Initial brief; requirements; content
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A summary procedure shall be initiated by presenting in a Part of the competent Court of First Instance a brief signed by a lawyer which must necessarily include:
I. The competence of the Part of the Court of First Instance resorted to;
II. the facts and the exact text or essential statement of the specific legal grounds for the certainty, subsistence and ability to demand the mortgage loan;
III. the liquid and exact amount which, for all intents and purposes, is subject to the claim, with an exact breakdown as to:
(a) The balance on the capital of the principal obligation at the time;
(b) the interest due and not paid during the term agreed upon for its payment or during the delinquent period, indicating the rate and amount of the former or the latter, and whether the interest rate in the case of delinquency was stipulated and entered in the Registry;
(c) the amount agreed upon and recorded for court costs and lawyer’s fees, and
(d) the amount and nature of any other sum whose payment is recorded as secured by the mortgage;
IV. the date and place in which the debtor and, when applicable, the third owner, was previously issued a payment order pursuant to the preceding sections, and the fact that the creditor was not paid or the amounts due were not deposited in the court, and
V. the request that the summary mortgage procedure be authorized and continue to the end.
History —Mortgage Law, 1979, § 206.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2707/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2707 - Summary procedure—Documents to be presented with initial brief
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2707 - Summary procedure—Documents to be presented with initial brief
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The foreclosing creditor shall submit the following documents along with the initial brief:
I. The title or titles of the mortgage loan to be collected.
II. A certified copy of the notarial record proving payment was demanded from the debtor or, when applicable, from the third owner, with at least twenty (20) days advance notice, pursuant to the provisions in § 2703 of this title. If the demand was made by certified mail with return receipt requested, the following shall be submitted: (1) a sworn statement by the person who presented it at the post office to be sent by certified mail; (2) a copy or duplicate of said letter; (3) evidence of its postal certification, and (4) the receipt or, when applicable, the postal record of failure to deliver the letter to the addressee. If said requirement was not accomplished, the creditor’s sworn written statement must be attached stating his reasons for not having done so.
III. When the mortgage being foreclosed was constituted to secure titles conveyable by endorsement or to the bearer, it shall also be essential to attach these titles or photostatic copies thereof to the initial brief. But in this latter case, the court must require that the originals be presented for examination.
IV. When a mortgage foreclosure securing a line of credit is involved, the documents attesting to the final balance subject to foreclosure shall be attached.
V. If a creditor has died, a legal death certificate shall be submitted along with a list of his successors.
VI. If the debtor or the third owner has died, a death certificate shall be attached along with a written sworn designation of the names of the known heirs, and their respective residences, if they are also known.
History —Mortgage Law, 1979, § 207; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2708/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2708 - Summary procedure—Copy of initial brief certified by clerk of court; submission to 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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2708 - Summary procedure—Copy of initial brief certified by clerk of court; submission to registry; effect
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Once the initial brief is filed, the forecloser shall submit a copy of it certified by the Clerk of the Court to the Registry, requesting that a note be placed in the margin of the mortgage entry which is subject to the suit. This note shall serve as notification for all legal effects to third acquirers of the mortgaged property or right, or of any other right on the property.
History —Mortgage Law, 1979, § 208.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2709/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2709 - Summary procedure—Certification by registrar after notation in register; content
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2709 - Summary procedure—Certification by registrar after notation in register; content
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The forecloser shall request from the Registrar, and submit to the Court a certification with a later date than that of the notation in the Registry, which shall contain the following details:
(a) The present titleholders of the property.
(b) A list of all the encumbrances, liens, real rights and notations which affect the properties, specifying the names of the respective titleholders, the amount of the secured obligation, the interest rate and the maturity date or dates.
(c) A statement that the mortgage lien which is about to be foreclosed continues to exist and does not appear cancelled nor pending cancellation, according to the Day Book.
History —Mortgage Law, 1979, § 209.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2710/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2710 - Summary procedure—Action by court; order of requirement to pay; denial of requirement; appe...
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2710 - Summary procedure—Action by court; order of requirement to pay; denial of requirement; appeal
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The court shall examine the initial brief, the attached documents and the Registrar’s certification, and if it considers that the stated legal requirements have been met shall, with this alone, admit it and issue a writ summoning those who, according to the Registry certification, are in possession of the mortgaged property, whether the debtor still has title, or whether it has been conveyed totally or in part to a third party, so that within thirty days, which cannot be extended, they may pay off the amounts claimed along with the court costs and lawyer’s fees, with the admonition that the mortgaged property shall be sold at auction.
When the Registry certification reveals that an encumbrance or real right constituted after registration of the mortgage that secures the claimant’s loan, or creditors of encumbrances or real rights who placed them after the claimant’s mortgage, or notations subsequent to the registration of said mortgage, or holders of segregations from the ownership, rights, conditions or others which, because of their rank must be declared extinguished when the loan is paid off, and who registered their rights after the foreclosure of the mortgage, the marshal shall be ordered in the same writ to notify each interested party or titleholder of the foreclosure procedure by means of the delivery of copies of the initial brief and of the summons so that they may attend the auction, if they please; or pay off the loan, the interest, the guaranteed court costs and attorney’s fees and then subrogate their rights to those of the foreclosing creditor before the auction is held.
When the court considers that these requirements have not been met, it shall refuse the payment order requested by a show cause decision which may be appealed in the Supreme Court within thirty days, in accordance with the rules of appeal.
History —Mortgage Law, 1979, § 210.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2711/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2711 - Summary procedure—Subsequent mortgage creditors and titleholders; motion on amount owed; qu...
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2711 - Summary procedure—Subsequent mortgage creditors and titleholders; motion on amount owed; questions shall not paralyze procedure
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Subsequent mortgage creditors and lawful titleholders in final and unappealable judgments, duly recorded or secured by embargo on the loan being foreclosed, may file a sworn motion during the procedure establishing the amount of the loan owed to them. This procedure shall be essential to exercise the right granted to them in § 2722 of this title.
Without affecting the right granted to certain subsequent creditors in § 2722 of this title, the right of a debtor, third owner, or his heirs to question the amount of the subsequent credit shall not paralyze the summary foreclosure procedure being processed by the creditor of the preferred lien. Any incident to these effects shall be resolved in a separate, ordinary action in a competent court and shall not paralyze the summary foreclosure procedure.
History —Mortgage Law, 1979, § 211; June 14, 1980, No. 143, p. 535.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2712/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2712 - Summary procedure—Summons; requirements and contents; warning of public auction
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2712 - Summary procedure—Summons; requirements and contents; warning of public auction
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As soon as the writ mentioned in § 2710 of this title is issued, the Clerk of the Court shall issue a summons which must be signed by him and shall bear the name and seal of the court, specifying the corresponding Court of First Instance Part and the names of the foreclosing creditor and the foreclosed debtor or third owner; it shall be addressed to the foreclosed debtor or to the third owner and to subsequent creditors, interested parties or holders of encumbrances or real rights registered or noted after the mortgage that is being foreclosed or which had been subordinated to it, whom the court had ordered notified of the procedure; it shall show the name and address of the foreclosing creditor’s lawyer and shall fully and literally insert the court’s writ, and summon the foreclosed debtor or the third owner, if applicable, so that in compliance with said writ, within the nonextensible term of thirty days from the date they were summoned, they pay the creditor the amounts claimed in the procedure, with the admonition that the mortgaged property shall be sold at auction.
History —Mortgage Law, 1979, § 212.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2713/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2713 - Summary procedure—Demand for payment; form to follow; published edicts
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2713 - Summary procedure—Demand for payment; form to follow; published edicts
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The indicated demand for payment shall be delivered by any marshal of the Court of First Instance of Puerto Rico, as an executive official thereof, in the following manner:
(1) When all the mortgaged properties are in the hands of a single owner, according to the Registry certification, the demand for payment shall be addressed to him personally. The same shall be done with respect to each of the owners of the different mortgaged properties, when there are several.
(2) If the Registry certification reveals, or if the foreclosing creditor learns, that the owner is an individual subject to restrictions of his legal capacity or an artificial or legal person, the demand for payment shall be made as indicated in § 2704 of this title.
(3) When the ownership of any of the mortgaged real properties is divided because one person has the ownership or direct control and the other the usufruct or dominio utile, both shall be considered owners for the purpose of making the demand for payment.
(4) When the person to be summoned is outside Puerto Rico or, being in Puerto Rico, cannot be located after having taken the pertinent measures, or is in hiding in order not to be summoned, his whereabouts are unknown, or if he has died and the names and addresses of his heirs are unknown, or it is a foreign corporation without a manager, a business agent, a cashier or a secretary in Puerto Rico, and it should thus be proved to the satisfaction of the court by a sworn statement or in any another authentic or certifying manner, the court shall order that the demand for payment be published as an edict issued by the Clerk once a week for four consecutive weeks in a newspaper of general circulation which the court shall designate. In this case, the thirty days shall begin to be counted from the day following the date of the last publication of the edict, provided the other requirements made herein have been met.
It shall also, necessarily, be ordered that within the ten days following the first publication of the edict:
(a) A copy of the initial brief and another of the summons, which the Clerk of the Court must always issue, be sent to the debtor or to the third owner, if applicable, to his last known address, if there is one;
(b) the demand for payment shall also be addressed to the debtor’s empowered legal agent, or to the lessee, or the sharecropper or occupant who is in charge of the property by any legal concept, and
(c) that, if the encumbered property is abandoned, the mayor or the person exercising the main executive authority in the municipality in which said property is located be notified of the summons so that he may inform the debtor of it.
History —Mortgage Law, 1979, § 213.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2714/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2714 - Summary procedure—Demand for payment by marshal to debtor; warning of public auction
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2714 - Summary procedure—Demand for payment by marshal to debtor; warning of public auction
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When the demand for payment mentioned in § 2713 of this titleis made, the marshal shall personally summon the foreclosed debtor or third owner so that within a nonextensible period of thirty days, he pay all the money claimed in the summary procedure to the foreclosing creditor, expressly warning him that if this payment is not made within said period, the sale of the mortgaged properties at public auction shall be in order to pay these sums. The marshal shall deliver to the person summoned an exact copy of the initial brief and an authentic copy of the demand for payment issued by the Clerk of the Court, and will leave it in his possession, and at the time of delivery, this official shall certify, with his signature, the date and place of said delivery of the demand for payment and the admonition and the name of the person to whom it was made on the back of the copy of the demand order. Subsequent creditors or interested parties in encumbrances or real rights recorded or noted subsequent to the mortgage about to be foreclosed or subordinated to it shall be notified of the procedure by delivery of a copy of the initial brief and a copy of the demand order for the purposes stated in § 2710 of this title.
History —Mortgage Law, 1979, § 214.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2715/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2715 - Summary procedure—Proof of service required; notice by published edicts; proof of notice
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2715 - Summary procedure—Proof of service required; notice by published edicts; proof of notice
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Proof that the summons was served shall be contained in the certification which the marshall who served it makes and signs on the back of the demand order issued by the Clerk, where the name of the person summoned, the date and place in which he served the summons, the manner in which he served the summons, and the fact of having expressly warned him that if he did not pay all the money claimed in the procedure the mortgaged properties would be sold at public auction shall appear in said certification. The name or names and the date or dates, and place or places of the person or persons notified in the proceeding as owners or interested parties of encumbrances or real rights recorded or noted after the mortgage which is being foreclosed, or which are not prior to it, shall also appear for the purposes expressed in § 2710 of this title.
With respect to notification of the demand order by publication of the edict, this shall be proved by the sworn statement of the newspaper’s administrator or authorized agent, along with a copy of the published edict and a sworn statement proving that authentic copies of the initial brief and the demand order were sent by certified mail to the address of the debtor or of the third owner, by showing the acknowledgment of receipt of the person thus notified, or, when applicable, the postal evidence of failure to deliver them to the addressee.
At its discretion and in the terms that it believes fair, the court may permit amendment of any summons or proof that it was served by the marshal at any time.
History —Mortgage Law, 1979, § 215.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2716/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2716 - Summary procedure—Deposition by person summoned; date; matter specified in challenge; notic...
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2716 - Summary procedure—Deposition by person summoned; date; matter specified in challenge; notice of deposition; failure to challenge and effect
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Within the first twenty (20) days of the thirty granted by § 2710 of this title for the payment of all the money claimed in the summary procedure, the person demanded judicially for payment may submit a written deposition in the procedure, solely to state clearly and precisely all de facto and de jure reasons that he may have for contesting in full or in part:
(a) The validity, legality and legal efficacy of the mortgage loan being foreclosed, because of error, or internal or external defects in the way it was granted or drawn up, either in accordance with the Notarial Law, §§ 2001-2141 of Title 4, in force or any other provision of law.
(b) The registration, security, subsistence, maturity, ability to demand and the amount of the mortgage debt being collected; the money collected that is not covered by the mortgage guarantee.
(c) The foreclosing creditor’s legal capability or his capability to be party to a suit for the purpose of pressing a summary procedure, and that of the debtor himself or third owner to be summoned for payment.
(d) Fulfillment of the requirements indicated by this subtitle to try a case or to be able to initiate it.
(e) The validity of judicial actions or procedure verified up to that time.
(f) The rate or rates and the amount of interest charged during the duration of the contract or for delinquency in its payment.
(g) The jurisdiction or competence of the Court of First Instance Part resorted to, over the parties or the procedures.
Notification of said written deposition shall be made with a copy to the creditor’s lawyer on the date it is filed, and the legal grounds for the objection shall be given. Documents or authentic written evidence proving or justifying it shall be included.
The course of the nonextensible thirty-day period for paying the money claimed shall not be interrupted nor shall the presentation of this deposition affect it in any way, but the auction sale shall not be ordered until final resolution is made of the objections.
After the first twenty days have passed uncontested, the person demanded for payment shall not be permitted to file an exception, neither in the summary procedure in which he was demanded, nor in any other litigation filed by ordinary procedures in which the validity, efficacy, and legal value of the mortgage loan and that of the summary procedures, based on the objections authorized in this section, is attacked, contested or challenged, other than an exception to the court’s jurisdiction over the parties, or the court’s jurisdiction or competence over the procedure, and that of fraud. In no case shall the rights of third parties protected by § 2355 of this title be affected.
History —Mortgage Law, 1979, § 216; June 14, 1980, No. 143, p. 535, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2717/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2717 - Summary procedure—Dismissal; hearing for meritorious challenge; proceeding; resolution
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2717 - Summary procedure—Dismissal; hearing for meritorious challenge; proceeding; resolution
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If submitted, the court shall examine said written deposition and the documents on which it is founded, and if it should find that it lacks merit, it shall dismiss it outright by resolution that shall promptly be notified to the creditor and to the debtor or third owner who drafted it.
If the court determines that a valid objection has been presented and it is founded on all or some of the reasons stated in § 2716 of this title, it shall summon the creditor and the debtor or third owner and their respective lawyers to a hearing which must necessarily be held within 10 working days after the presentation of said deposition. In this hearing, it shall admit all the evidence each party wishes to offer and hear all of the parties’ arguments, after which it shall resolve all the objections presented on their merits within five working days after the hearing, decreeing the procedure to be followed or the remedies which, in its judgment, are in order according to the allegations and proof admitted, including correction or curing of those errors or defects which it considers were made and ordering that a new demand for payment be made, if necessary.
The party aggrieved by this decree may only appeal the resolution made by writ of certiorari before the Supreme Court within five working days after notification.
The final decree on said objection shall constitute res judicata among the intervening parties.
History —Mortgage Law, 1979, § 217.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2718/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2718 - Summary procedure—Amendment of initial brief; notice
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2718 - Summary procedure—Amendment of initial brief; notice
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The initial brief may be amended with the court’s permission, notifying the debtor, the third owner and the persons interested in the liabilities recorded after the right of the forecloser of the amendment. In this case, in view of the character and importance of the amendment, the court may require the submission of an amended initial brief and a new Property Registry certification and order a new demand for payment or adopt any other measure which in its judgment is in order.
History —Mortgage Law, 1979, § 218.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2719/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2719 - Summary procedure—Auction; prior actions; published edict
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2719 - Summary procedure—Auction; prior actions; published edict
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When the time allotted for the judicial demand for payment has expired without the debtor or third owner’s having made the payments for which he was summoned, and with the objections he made in accordance with the provisions of § 2716 of this title having been finally resolved against him, the court, at the request of the forecloser, the debtor or the third owner, shall order that, prior to the Clerk’s issuance of the corresponding order, the marshal shall proceed to auction the mortgaged properties, advertising the auction at least twenty days in advance by inserting said edict in a newspaper of general circulation at least once a week, and not less than three times, starting from the first publication.
The court order to proceed with the auction shall be final and enforceable from the date it is made and shall be unappealable.
History —Mortgage Law, 1979, § 219.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2720/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2720 - Summary procedure—Auction edict; content and warning
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2720 - Summary procedure—Auction edict; content and warning
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The auction edict issued by the marshal shall state:
(a) That the record of the case and all the documents pertaining to the procedure filed shall be on exhibit in the Office of the Clerk of the Court during working hours.
(b) That it shall be understood that all bidders accept the title documents as sufficient, and that the prior encumbrances and liens and those with preference, if any, on the forecloser’s loan shall subsist, with the understanding that the highest bidder accepts them and is subrogated to their liabilities, without using the auction price to pay them off, specifying the amount of each former or preferred encumbrance, and the name or names of their holders and their maturity date or dates, if they appear in the Registry certification accompanying the initial brief.
Said edict, in addition to giving a description of the property or real rights which are subject to public auction, the minimum auction price, and the rest of the complementary data on the auction, shall indicate the day, hour and location where the auction shall take place, and also serve to announce the auction to creditors who have recorded or noted their rights on the mortgaged property after the registration of the forecloser’s credit, or that of the creditors of encumbrances or real rights who may have subordinated them to the claimant’s mortgage, and to the owners, possessors, or holders of, or parties having an interest in titles conveyable by endorsement, or to the bearer, which are secured by a mortgage subsequent to the claimant’s loan, and on which the personal notification of the initial brief and the demand for payment would have no effect, stating in the text of the edict the names of all these interested parties, if they are in the Registry certification, so that they may attend the auction, if they so desire, or before the auction is held, pay off the loan, its interest, assured court costs and lawyers’ fees, and then subrogate their rights to those of the foreclosing creditor.
History —Mortgage Law, 1979, § 220; June 14, 1980, No. 143, p. 535, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2721/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2721 - Summary procedure—Day, place and time of auction; bids for first and following auctions
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2721 - Summary procedure—Day, place and time of auction; bids for first and following auctions
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The auction shall be held on the day, place and time indicated in the edict, in the presence of the marshal of the Court of First Instance Part intervening in the procedure, without its being lawful for this official to deviate from the auction’s terms and conditions indicated by the Court in its sale order.
The price at which the contracting parties appraised the property in the mortgage deed shall serve as a standard for the auction procedure and no bid below this standard shall be accepted. If there is no highest bidder or sale in the first auction, the standard for the second auction shall be two-thirds of the price agreed upon. If there is no highest bidder or sale in the second auction, the standard for the third auction shall be half of the price agreed upon.
If the third auction is declared void, the procedure shall be considered ended, and the property may be awarded to the creditor within the next 10 days, if he considers it desirable, for the entire amount owed if this is equal to or less than the amount of the standard for the third auction, and crediting this amount to the amount owed if it is more. All auctions must be ruled by the court and held according to the previous provisions.
History —Mortgage Law, 1979, § 221.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2722/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2722 - Summary procedure—Bidders; who may and may not bid; 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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2722 - Summary procedure—Bidders; who may and may not bid; procedure
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The foreclosing creditor may bid in all the auctions. Should he turn out to be the highest bidder, the amount of his loan shall be totally or partially credited to the price offered by him.
The holders of current mortgage loans and those made after the mortgage, which is being collected and foreclosed, who appear as such in the Registry certification, may also bid in all the auctions.
In such a case, they may use the amount owed to them or any part thereof in their bids. If the bid accepted is for a greater amount than the sum of the loan or loans, with preference to the forecloser, upon obtaining the bid award he must pay on the spot, in cash or by certified check, the entire amount of the mortgage loan being foreclosed, and that of any other loans made after the foreclosed loan, but with preference to his, and the surplus balance shall constitute the partial or total payment of his own loan.
Neither the marshal holding the auction, nor his assistant, nor other persons who may not acquire by purchase in accordance with the provisions of § 3773 of Title 31, may be bidders or take any interest whatsoever in said auction.
History —Mortgage Law, 1979, § 222.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2723/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2723 - Summary procedure—Additional rules for auction
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2723 - Summary procedure—Additional rules for auction
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Besides conforming to that provided in the four preceding sections, an auction procedure must also conform to the following rules:
First.— The marshal shall open the auction procedure on the hour, date and place indicated in the published auction edict by reading the entire edict aloud and inviting those present to bid on the properties to be auctioned, on the basis of the corresponding minimum bid.
Second.— The sale of said properties shall be made to the highest bidder, and it shall be the marshal’s duty to always try to obtain the highest price for each property or right to be auctioned.
Third.— The auction shall be held on the court’s working days and not before eight o’clock in the morning nor after five o’clock in the afternoon.
Fourth.— The bid price shall be paid during the auction procedure itself and as soon as the bid is awarded to the highest bidder in cash and legal tender or by certified check drawn to the order of the marshal.
Fifth.— When there are several mortgaged properties, they must be sold separately in the order indicated by the debtor or the third owner if they are attending the auction.
Sixth.— As soon as sufficient properties are sold for the full payment of the amounts claimed, no more may be sold, thus releasing the properties not auctioned from the mortgage subject to foreclosure, and
Seventh.— If the highest bidder in the auction refuses to pay the amount of his bid, the bid awarded shall have no legal effect, and the marshal may auction the property again in the same auction procedure.
After the auction, the marshal shall promptly and separately write up a memorandum of the auction in which he shall clearly show the date, time, place and manner that the auction was held, the participating bidders, the bids made before the sale or adjudication of the properties, enumerating and reporting them in such a way that they are sufficiently and clearly identified, and recording any other detail which, in his judgment, should appear in the auction record. He shall give one copy of this record to the foreclosing creditor and another to the debtor or third owner.
In this auction memorandum, the foreclosing creditor, the debtor, the third owner or any bidder may make objections in writing based on the auction procedures so that they may be considered by the court when the entire record of the procedure is submitted for its confirmation or nonconfirmation of the sale or award.
History —Mortgage Law, 1979, § 223.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2724/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2724 - Summary procedure—Subsequent creditors not notified; 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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2724 - Summary procedure—Subsequent creditors not notified; procedure
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In the event that any subsequent creditor was not notified of the procedure or of the auction, the foreclosing creditor or the successful bidder shall notify him after the auction, so that he may request, if he so desires, that a new auction be held, or pay the price disbursed by the successful bidder. Should 20 days elapse after the notification without either of the two eventualities mentioned having occurred, the court shall order the cancellation of his liens.
History —Mortgage Law, 1979, § 224.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2725/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2725 - Summary procedure—Proceedings after auction; confirmation of award; nonconfirmation and eff...
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2725 - Summary procedure—Proceedings after auction; confirmation of award; nonconfirmation and effect
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Once the auction is held, the marshal shall return the auction order and memorandum to the Office of the Clerk of the Court along with the edict and other documents in his possession pertaining to the auction, including any objections to the procedure made during the auction. The Clerk shall immediately transfer the entire record of the summary procedure to the court, and the latter shall examine it carefully within ten days, to ascertain that the requirements indicated in this subtitle have been complied with or duly observed in all the steps of the summary procedure and, if it so determines, shall immediately issue an order confirming the award or sale of the mortgaged properties. Without this confirmation, the procedure will not be valid nor shall the award or sale be recordable in the Registry.
If the court decides that these requirements have not been met, in whole or in part, it shall give the reasons for this finding, and may order that errors, omissions or curable defects found be corrected, and that the incorrect steps or procedures arising from the record be done properly, including ordering the debtor or third owner not to pay any amount required over what is owed by him or not covered by the secured mortgage. Once those errors, omissions or defects are corrected or cured in the manner ordered, the court shall confirm the award or sale.
If the court does not confirm the award or sale finally, it shall be void or unlawful, and the price paid shall be returned to the buyer. The mortgage creditor may file a new foreclosure procedure in accordance with the provisions of this subtitle.
Any party affected by the order refusing confirmation may file an appeal in the Supreme Court by ordinary procedures.
—Mortgage Law, 1979, § 225.
History
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2726/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2726 - Summary procedure—Confirmation of sale; disposition of auction price
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2726 - Summary procedure—Confirmation of sale; disposition of auction price
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If the sale is confirmed as provided in § 2725 of this title, the auction price shall be assigned without delay to the payment of the claimant’s mortgage loan; the remainder shall be deposited by the marshal in the Office of the Clerk of the Court so that the court may resolve what is in order regarding subsequent creditors, following the order or rank each of them has with respect to the foreclosed loan, and if there is no subsequent credit or liability whatsoever, or if there is they have been taken care of, the remainder, if any, shall be given to the debtor or third owner.
History —Mortgage Law, 1979, § 226.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2727/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2727 - Summary procedure—Property passing into hands of third owner; 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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2727 - Summary procedure—Property passing into hands of third owner; procedure
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If, before the creditor makes valid his right on the mortgaged property, it should pass into the hands of a third owner, the latter, by proving the registration of his title, may ask to see the records in the Office of the Clerk of the Court, and the court shall so resolve without paralyzing the course of the procedure, dealing with him in further procedures as the subrogated in lieu of the debtor.
History —Mortgage Law, 1979, § 227.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2728/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2728 - Summary procedure—Failure to pay installment; foreclosure 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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2728 - Summary procedure—Failure to pay installment; foreclosure procedures
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The foreclosure procedures regulated in preceding sections shall be equally applicable to a case in which part of the principal or interest is not paid, when its payment must be made in different installments if any of them is due, without the debtor having fulfilled his obligation, and provided said stipulation is recorded. When it is necessary to dispose of the mortgaged property for the payment of principal and interest installments, and other installments on the obligation have yet to fall due, the sale shall be made and the property or right shall be conveyed to the buyer with the mortgage corresponding to that part of the loan which was not paid.
History —Mortgage Law, 1979, § 228.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2729/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2729 - Summary procedure—Standards and conditions of order or auction edict; parties 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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2729 - Summary procedure—Standards and conditions of order or auction edict; parties affected
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The standards, requirements, conditions and terms referring to the auction that were clearly expressed in the auction order or in the auction edict shall obligate and categorically affect all the parties in the mortgage procedure including subsequent creditors, bidders, endorsers, successful bidders, acquirers, and bidders in the auction, and their successors or assigns.
History —Mortgage Law, 1979, § 229.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2730/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2730 - Summary procedure—Deed of conveyance granted by marshal; possession by new 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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2730 - Summary procedure—Deed of conveyance granted by marshal; possession by new owner
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When the property or mortgaged right is sold or awarded and, when appropriate, the corresponding price is deposited and the sale or award is confirmed, the marshal who held the auction shall proceed to grant the corresponding deed of conveyance in representation of the owner or titleholder of the mortgaged property, in the presence of the notary selected by the successful bidder or buyer, who shall pay the cost of this legal instrument, and he shall grant the new owner legal possession, if he so requests it within 60 days after confirmation of the sale or award. If said sixty days have elapsed, the court may order, without the need for further procedures, the eviction or ouster of the occupant or occupants of the property, or of all those who are occupying it by order or by sufferance of the debtor.
History —Mortgage Law, 1979, § 230.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2731/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2731 - Summary procedure—Cancellation of entries
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2731 - Summary procedure—Cancellation of entries
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Once the conveyance deed of the mortgaged property or right is granted at the request of the successful bidder, the Court shall order the cancellation of the entries in the Property Registry which are in order, including those made in behalf of the person who recorded his right after the date of notation of the procedure to which § 2709 of this title refers.
History —Mortgage Law, 1979, § 231.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2732/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2732 - Summary procedure—Secure homestead; measures taken
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2732 - Summary procedure—Secure homestead; measures taken
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In accordance with the legal provisions in force concerning a claim for the right to a “Secure Homestead”, when the auction and sale of a mortgaged property is held and confirmed, the amount which the stated provisions order must be retained and deposited. The same rules shall apply in the event of an award, once it is confirmed, when the successful bidder must give the corresponding amount to the marshal for this purpose or deposit it in the Office of the Clerk of the Court before the deed of judicial award is granted.
History —Mortgage Law, 1979, § 232.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2733/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2733 - Summary procedure—Procedures not to be suspended; exceptions
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2733 - Summary procedure—Procedures not to be suspended; exceptions
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The court shall, in no case, suspend summary mortgage procedures not even because of the death of the debtor or third owner. Nor may it be suspended by motions or by any other procedures, either at the request of the debtor, the third owner or any other interested party or claimant, except in the following cases:
First.— If there is documentary evidence of a criminal proceeding for misrepresentation of mortgage title by virtue of which action was taken, in which probable cause was found for indictment.
Second.— If a third-party claim to ownership is filed, accompanied without fail by deed on the property in question, recorded in the name of the third party with a date prior to the registration of the forecloser’s loan and not cancelled in the Registry.
Third.— If a Registrar’s certification stating that the mortgage in question is cancelled, or a certified copy of the public document cancelling it is submitted with the Registry note of presentation granted by the forecloser or his predecessor or successors and documentary proof of conveyance of title, when applicable.
In the first case, the suspension shall subsist until the criminal case is over and, if no misrepresentation is found, the procedure may be resumed.
In the second case, the suspension shall subsist until the end of the third-party claim action.
And in the third case, it shall summon the parties to appear before the court in no less than five working days from the summons; it shall hear said parties, admit the documents they submit and resolve what it considers in order, within five days after the procedure is held. If it orders suspension, the resolution handed down shall be appealable by ordinary procedure.
All other principal or subsidiary claims which, because of summary mortgage procedures initiated or or after the date this law takes effect, may be formulated either by the debtor and third owners or the rest of the interested parties, including those claims dealing with fraud or nullity of the procedures filed after the first twenty days of the judicial demand for payment, shall be aired in the corresponding plenary suit without ever having the effect of suspending or obstructing the summary procedure but these claims shall necessarily expire three years after the date on which the legal instrument of sale or award is made, and shall be subject to the provisions in § 2355 of this title insofar as third-party acquirers are concerned, if the motives or causes of the action brought are not clearly shown in the Record. The competence to take cognizance of this ordinary procedure shall be determined by the rules governing it.
History —Mortgage Law, 1979, § 233.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2734/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2734 - Summary procedure—Interim administration of mortgaged 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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2734 - Summary procedure—Interim administration of mortgaged property
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The court may order the interim administration of the mortgaged property under the terms and conditions that it indicates if there was an agreement outlined in the mortgage deed, or if it is really considered necessary during the procedure, by sworn petition of any interested party with a recorded right and after the parties are duly heard.
History —Mortgage Law, 1979, § 234.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-121/2735/
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735)›§ 2735 - Summary procedure—Pending actions; application of prior law
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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 121 - Mortgage Foreclosure Proceedings (§§ 2701 — 2735) › § 2735 - Summary procedure—Pending actions; application of prior law
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No provision in this chapter shall apply to, or in any way affect, the summary judicial procedure in the collection and foreclosure of mortgage loans initiated before the date this act is in effect, and may on that date be pending action. These procedures shall continue being handled in accordance with previous legislation or regulations on the subject.
History —Mortgage Law, 1979, § 235.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2761/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2761 - Concordance between record and legal reality; method of carrying out
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2761 - Concordance between record and legal reality; method of carrying out
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Concordance between the record and legal reality outside the Registry shall be achieved, according to the cases, by registration of properties which are not recorded in anyone’s name, by the resumption of an interrupted successive tract and by the cancellation of encumbrances and liens.
The registration of properties, real rights, surplus area, as well as the resumption of the interrupted successive tract, may be made by using the means established in this chapter.
The State and its political subdivisions may record the real property and rights belonging to it as provided in the Mortgage Regulations.
History —Mortgage Law, 1979, § 236.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2762/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2762 - Ownership without recordable title; proof of ownership—Evidence to justify
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2762 - Ownership without recordable title; proof of ownership—Evidence to justify
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Any owner who lacks a recordable ownership title, regardless of when the acquisition occurred, may record said ownership by justifying it through the following formalities:
First.— He/she shall file a sworn statement with the Court of First Instance Part of the territory in which the property is located, or in the territory where its main portion is located if it is a property located in several territorial demarcations, which shall have exclusive jurisdiction. If the statement is filed with a Part without jurisdiction, it shall provide for it to be forwarded to the corresponding Part without request of either party. Said statement shall contain the following allegations:
(1) The name and other personal data of the applicant and his spouse, if any, at the time of acquiring ownership of the property and at the time of making the application, if they are different.
(2) In compliance with the first rule of § 2308 of this title, an exact description of the property with its boundaries and dimensions according to the titles submitted, if any, and if a survey was made, the resultant area and boundaries. If the property was formed by grouping, each of the integrated properties must also be described, and if it was formed by segregation, the main property from which it was segregated must be described.
(3) The code number as it appears in the Bureau of Assessment of the Department of the Treasury.
(4) The fact that the property, or constituent properties in the case of a grouping, does not appear recorded in the Property Registry.
(5) A list of the encumbrances on the property, if any, and if not, the fact that it is free of encumbrances.
(6) A list of the known previous owners with a statement on the personal data of the immediately previous owner.
(7) The way it was acquired from the immediately previous owner.
(8) The length of time he and the previous owners possessed the property publicly, peacefully, continuously, and as owners.
(9) The fact that the property, or in the case of a merger, those which compose it, with their alleged present dimensions, has maintained the same configuration during the terms provided by §§ 5278 and 5280 of Title 31, so that the effects of adverse possession may remain in force, or in default thereof, that the same is a segregation from a larger property, whose segregation was duly approved by the Planning Board of Puerto Rico or by the corresponding government agency. A title of ownership on an undivided portion of an unsegregated plot of land shall not constitute fair title.
(10) The present value of the property.
(11) The legal proof to be presented.
(12) Other allegations which, by law, may be in order in each case.
Second.— The petitioner shall notify, personally or by certified mail with a copy of his/her document to the mayor of the municipality where the property is located, the Secretary of Transportation and Public Works, the District Attorney, and the persons owning the abutting properties. The court shall order that the immediately previous owner or his/her heirs, if they are known, be summoned personally if the conveyance does not appear in a public document, and those having any real right on said property; and it shall summon those unknown persons whom the requested registration could injure, by means of an edict that shall be published three (3) times within twenty (20)-day period in a daily newspaper of general circulation in the Commonwealth of Puerto Rico, so that they may appear if they wish to claim their rights. If the petitioners are heirs, the person from whom the predecessor in title acquired the property shall be understood to be the immediately previous owner.
If those who are to be personally summoned are absent from Puerto Rico and their whereabouts are known, they shall be summoned by the same edict and when the first publication of the edict is made, they shall be sent a copy of the summons by certified mail to their known address, with a return receipt requested. If their whereabouts are unknown and it so proven, they shall be summoned only by means of said edict.
Third.— During the unextensible term of twenty (20) days staring from the date of the last publication of the edict, the interested parties, the mayor or his/her authorized representative of the municipality where the property is located, the District Attorney and the Secretary of Transportation and Public Works or his/her authorized representative, or in their absence, the public agencies affected, may appear before the court in order to allege whatever may be advantageous to their rights.
Fourth.— The intervention of the Secretary of Transportation and Public Works or, in his/her absence, of the public agencies affected, shall be limited to sustaining the defense of any rights existing in favor of the State. The intervention of the mayor of the municipality where the property is located shall be limited to sustaining the defense of any existing rights in favor of the municipality in question. In addition, the Department of Justice shall see that the law is duly complied with.
Fifth.— Prior to scheduling the hearing on its merits, the petitioner shall include, together with the judicial record, a negative certificate accrediting that the property which is subject to the proceeding is not registered in the name of a person other than the petitioner. Said negative certificate shall be issued by the Registrar of the competent Section on a date no later than fifteen days prior to presenting or filing the petition.
History —Mortgage Law, 1979, § 237; June 14, 1980, No. 143, p. 535; Aug. 6, 1993, No. 64, §§ 1-3; Jan. 1, 1998, No. 1, § 1; July 27, 2007, No. 77, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2763/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2763 - Ownership without recordable title; proof of ownership—Hearing; decision by 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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2763 - Ownership without recordable title; proof of ownership—Hearing; decision by court
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Once the period established in the next to last paragraph of § 2762 of this title has elapsed, the court shall hold a hearing, at the request of the petitioner, in order to hear the claims and evidence presented.
If there are no objections, the petitioner shall submit the evidence proving compliance with all the requirements contained in § 2762 of this title. The witness or witnesses presented shall testify under their own responsibility regarding the facts known to them personally.
In view of the allegations made by the petitioner and other interested parties, and evaluating the proof submitted, the court shall decide then and there whether the ownership of the property in question is proved.
History —Mortgage Law, 1979, § 238; June 14, 1980, No. 143, p. 535, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2764/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2764 - Ownership without recordable title; proof of ownership—Recourse for parties affected; recor...
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2764 - Ownership without recordable title; proof of ownership—Recourse for parties affected; recording of ownership
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The petitioner, the other interested parties, the District Attorney and the Secretary of Transportation and Public Works or, in their absence, the public agencies affected, may appeal the resolution issued by the court, and should they do so, the appeal shall be heard in regular civil proceeding.
With the admission or confirmation of the court’s resolution declaring the ownership proven, this shall be sufficient to be recorded in the Registry. The resolution must contain the fact that the alleged circumstances were proven, as well as a list of the legal transactions imposed in § 2762 of this title that were complied with, without which the registration cannot be made.
When the resolution reveals that there are other rights or liens besides the petitioner’s rights on the property to be recorded, the conditions required for its proper registry must appear in the resolution or in complementary documents. It shall be necessary to register these rights or liens along with the property registration.
History —Mortgage Law, 1979, § 239.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2765/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2765 - Ownership without recordable title; proof of ownership—Measurement of property; certificati...
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2765 - Ownership without recordable title; proof of ownership—Measurement of property; certification
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When verification of a property survey is required by this subtitle, it shall be done by certification of the measurement duly sworn to by the licensed surveyor who made it, where the summoning of the bordering landowners is attested to, as well as the fact that the survey was correctly made.
History —Mortgage Law, 1979, § 240.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2766/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2766 - Ownership without recordable title; proof of ownership—Community property; summoning of co-...
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2766 - Ownership without recordable title; proof of ownership—Community property; summoning of co-owners
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When registration of community property is sought, and all its members did not follow the proper procedures, the other co-owners must be summoned in the manner and terms established in § 2762 of this title.
History —Mortgage Law, 1979, § 241.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2767/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2767 - Ownership without recordable title; proof of ownership—Deceased immediately prior owner; li...
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2767 - Ownership without recordable title; proof of ownership—Deceased immediately prior owner; listing of heirs in initial brief; persons unknown
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In the event that the immediately previous owner must be summoned, but has died, the petitioner shall list the names of the heirs in the initial brief if they are known, and if they are not, shall state that they are persons unknown.
It shall not be necessary to prove documentarily that they are heirs or successors, but those summoned must give to the Court, if they appear in the document, the names and addresses of other persons in the same position if they know them, in which case the Court may take the measures it deems proper in order to come to a more equitable conclusion.
History —Mortgage Law, 1979, § 242.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2768/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2768 - Ownership without recordable title; proof of ownership—Lack of title; procedure transformed...
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2768 - Ownership without recordable title; proof of ownership—Lack of title; procedure transformed into contested lawsuit
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A petitioner cannot be expected to submit the property’s acquisition title in the judicial proceeding to prove ownership when he has alleged that he does not have it. In the event that one of the persons summoned objects to the adjudication of title proposed by the petitioners, alleging that he has more right to it than the petitioner, the ownership procedure shall be understood to be transformed into a regular contested lawsuit.
History —Mortgage Law, 1979, § 243; June 14, 1980, No. 143, p. 535, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2769/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2769 - Ownership without recordable title; proof of ownership—Plenary contested suit; subsequent 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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2769 - Ownership without recordable title; proof of ownership—Plenary contested suit; subsequent filing
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The decision on whether or not ownership is proved shall not prevent the subsequent filing of a plenary contested suit by the person who considers himself injured, without prejudice to the provisions of § 2355 of this title, with regard to a third party.
History —Mortgage Law, 1979, § 244; June 14, 1980, No. 143, p. 535, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2770/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2770 - Registration of property already recorded; judicial determination
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2770 - Registration of property already recorded; judicial determination
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When the Registrar has good reason to believe that the property to be registered appears in the Registry or is part of another property already recorded, he shall demand the corresponding judicial opinion that it is a different property, with notification to those having a right in the Registry.
History —Mortgage Law, 1979, § 245.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2771/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2771 - Owner of recorded property who does not appear as owner of record; proceedings 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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2771 - Owner of recorded property who does not appear as owner of record; proceedings and effect
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When the owner of a recorded property or of a real right on it does not appear as owner of record, he must bring a regular action against those appearing in the Registry as titleholders, and if he wins the lawsuit, the court shall order a registration in the name of the plaintiff, and the cancellations which are in order.
In the case of a resumption of the tract, the intermediate owners shall be entered and notified in the third rule of § 2762 of this title.
History —Mortgage Law, 1979, § 246; June 14, 1980, No. 143, p. 535, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2772/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2772 - Rectification of size of properties; proceedings
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2772 - Rectification of size of properties; proceedings
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Rectification of the size of all properties already recorded may be entered in the Registry by any of the following means:
First.— By an unappealable verdict handed down in a regular procedure of judicial survey or to establish the dimensions.
Second.— By public document when it is a question of reduction of the area or an excess of no more than twenty percent of the recorded area, and it is done by proven technical surveying methods, in accordance with the provisions in § 2765 of this title. In each case of reduction of the area, it shall be necessary to register the corresponding authorization by the Planning Board or by the appropriate government agency.
Third.— By means of judicial proceedings to record a title in fee simple for the entire excess when it is more than twenty percent. In this case the immediate former owner shall be summoned even though he has conveyed the property by public document.
History —Mortgage Law, 1979, § 247; June 14, 1980, No. 143, p. 535, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2773/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2773 - Real right on other’s unrecorded property; right to title; procedure for 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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2773 - Real right on other’s unrecorded property; right to title; procedure for registration
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The titleholder of a real right imposed on someone else’s unrecorded property may request the registration of his right, in accordance with the following rules:
First.— He shall present his title in the appropriate Registry section, requesting that a cautionary notice be entered for failure to record the property beforehand.
Second.— When the notation is made, by notarial demand, he shall order the owner of the property affected by his right to proceed to record his title within twenty days from the date of the demand, with the admonition that if he does not verify or take exception to this requirement during said period, the annotator of the real right may request the registration as established in the fourth rule.
Third.— The owner of the property affected may not make any objection whatsoever without, at the same time, requesting the registration of his title in any of the ways established in this subtitle.
Fourth.— Once the term of twenty days has elapsed, the annotator, by justifying the demand made, may request registration of the title of said affected owner by regular procedures in the Court of First Instance Part under whose jurisdiction the property is located.
Fifth.— The binding, unappealable judgment handed down in said procedures shall be sufficient title for its registration in the Registry, changing the notation made, if it has not expired, into a definite record. The cautionary notice shall expire one year after it is entered.
History —Mortgage Law, 1979, § 248.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2774/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2774 - Registration by state, agencies, instrumentalities or municipalities—Possession for thirty...
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2774 - Registration by state, agencies, instrumentalities or municipalities—Possession for thirty years or less; limitations
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The state, its agencies, instrumentalities or municipalities may register properties belonging to them, provided they have possessed the property, as shown in their records, for more than thirty years as owners, quietly, continuously, publicly and peacefully.
They may also register property possessed under similar circumstances for a shorter period of time, but its registration shall be subject to the following limitations: if possessed for more than twenty years, the registration shall not have public access until two years have elapsed; if for more than ten years, the registration shall not have public access until five years have elapsed; and if for less than ten years, the registration shall not have public access until 10 years have elapsed. Once said periods have elapsed uninterruptedly, said registrations shall have full validity and full Registry protection.
History —Mortgage Law, 1979, § 249; June 14, 1980, No. 143, p. 535, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2775/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2775 - Registration by state, agencies, instrumentalities or municipalities—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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2775 - Registration by state, agencies, instrumentalities or municipalities—Registration procedures
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In order to make the registration provided in § 2774 of this title, the head of the agency, in whose charge the administration or custody of the properties which are to be registered is, provided that because of his office he exercises public authority or has the power to certify, shall issue a certification in which, referring to the inventories or the official documents which are in his possession, is included:
First.— The nature, location, surface measure, boundaries, name and real encumbrances on the properties or rights which he is attempting to record.
Second.— The legal kind, value, condition and encumbrances on the real right in question, and the nature, location and boundaries of the property on which it is imposed.
Third.— The name of the titleholder from whom the real estate or right was acquired, if it appears.
Fourth.— The length of time he has had possession of it, if it can be established exactly or approximately.
Fifth.— The public service or purpose for which the property was destined.
If some of this data is not available, it shall be so stated in the certification.
History —Mortgage Law, 1979, § 250.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2776/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2776 - Double registration; 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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2776 - Double registration; procedures
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If a person who has real estate property registered in his/her name believes that another registration entered under a different number refers to the same real estate property or to the same titleholder, he/she may request that the Registrar, after summoning all interested parties pursuant to the provisions of the Rules of Civil Procedure; and provided, that the identity of both real properties as a single real property can be proved, shall resolve which registration shall subsist, and proceed to cancel one of them.
However, in those cases in which all the interested parties are unable to agree, they shall have to resort to the Court of First Instance in order to resolve the controversy.
When double registration refers to different titleholders, the identity of the property and the best right to the real estate shall be resolved in a regular plenary suit ordered.
In both cases, cancellation of the corresponding registration shall be ordered.
When the Registrar finds that a real property appears to be registered more than once in behalf of the same titleholder, he/she shall notify this fact to the presenter and to the authorizing notary. If there is no encumbrance on either of the two real estate properties, the title holder shall file the corresponding petition with the Property Registrar, who shall resolve the issue at hand. Should there be an encumbrance upon either of the two real estate properties, the titleholder with right of ownership shall comply with the procedure established in the first paragraph of this section.
History —Mortgage Law, 1979, § 251; Feb. 13, 1996, No. 4, §§ 1, 2.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-123/2777/
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777)›§ 2777 - Unrecorded documents; inadmissibility in judicial and administrative proceedings; exception...
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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 123 - Concordance Between Record and Legal Reality; Registration of Property (§§ 2761 — 2777) › § 2777 - Unrecorded documents; inadmissibility in judicial and administrative proceedings; exceptions
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No document or legal instrument that has not been recorded in the Registry by which rights, subject to registration according to this subtitle, are constituted, conveyed, recognized, modified or extinguished shall be admitted in the courts or in those government bodies which exercise quasi-judicial powers.
Nevertheless, a document that is not recorded and should have been may be admitted in prejudice of a third party, if the purpose of the presentation is only to corroborate another later title which was recorded.
The document mentioned may also be admitted when a rectification is made in the Registry or when it is presented in order to request a statement of nullity and subsequent cancellation of an entry that prevents the registration of that document.
History —Mortgage Law, 1979, § 252.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-125/2801/
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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 125 - Registry Books and Repeals (§§ 2801 — 2802)›§ 2801 - Books; closing, filing, transfer, restoration and issuance of certifications; applicable 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 125 - Registry Books and Repeals (§§ 2801 — 2802) › § 2801 - Books; closing, filing, transfer, restoration and issuance of certifications; applicable provisions
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All that pertains to the closing and filing of Registry books existing in old accounting offices, annotating offices and mortgage-receiving offices, transfer of the Day Books, or operations of the different Registry sections to the general files, the issuing of certifications of these books, restoration of totally or partially deteriorated or destroyed books and the transfer of their entries, shall be provided by the Regulations approved by the Secretary.
The Regulations shall also provide for the filing and elimination of other Registry documents such as plans, deeds for the constitution of horizontal property, powers of attorney, certifications and others.
History —Mortgage Law, 1979, § 253.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-125/2802/
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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 125 - Registry Books and Repeals (§§ 2801 — 2802)›§ 2802 - Repeals
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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 125 - Registry Books and Repeals (§§ 2801 — 2802) › § 2802 - Repeals
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The “Mortgage Law for Overseas Provinces”, approved on July 14, 1893, and the Regulations for its enforcement, approved on July 18, 1893, as both bodies of law have been amended, §§ 1-556, 621-777, 831-1465 and 1531-1644 of this title; Act No. 3, approved on September 2, 1955, as amended, sections 1748-1765 and 1768-1770 of this title, except § 19 concerning Registrar’s salaries, § 1766 of this title; Act of March 1, 1902, known as the Governmental Resources Act, as amended, §§ 1771-1779 of this title; Act No. 62, approved on July 21, 1923, as amended, §§ 215, 1723 and 1724 of this title, are hereby repealed.
No statute shall affect the provisions of this subtitle unless expressly so provided.
History —Mortgage Law, 1979, § 254.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-4/chapter-127/2821/
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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 127 - Transitory Provisions (§ 2821)›§ 2821 - Transitory 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 127 - Transitory Provisions (§ 2821) › § 2821 - Transitory provisions
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First.— Any mention of a right subject to special and separate registration existing in Registry entries shall have no effect whatsoever, even though it may relate or refer to titles or registrations entered later, when the interested party has not requested that the right be recorded, or no legal action has been initiated to claim his right by noting the suit in the Registry, within six months after the date this act is in force.
Rights mentioned under the previous legislation which appear in documents presented and pending registration in the Registry shall be covered by the rule in the previous paragraph.
Nevertheless, mentions in favor of the Commonwealth, its agencies, instrumentalities and political subdivisions that appear in Registry entries or in documents presented and pending registration shall be cancelled at the request of a party certified by a notary, if more than five years have elapsed since the respective mention was entered.
Second.— When ten years or more have elapsed from the date of their registration, the recorded inscriptions of possession shall be changed to inscriptions of ownership, provided an entry or note does not exist in the Registry indicating that the adverse possession has been interrupted.
Judicial proceedings to record possessory titles pending before the courts on the effective date of this act shall continue their course pursuant to previous legislation, but the final judgments issued thereupon shall be subject to the provisions in this rule of transitory provisions.
The final judgments or possessory proceedings handed down in accordance with previous legislation shall lose their recordable nature and shall have no value whatsoever, unless they are presented at the Registry for registration within the first two years of effectiveness of this act. They shall also be subject to the provisions in the first paragraph of this rule.
Third.— Judicial proceedings to record titles in fee simple pending action on the date on which this act takes effect shall be governed by the previous legislation on the matter.
Fourth.— Starting on the effective date of this act, the registration of real estate or rights on those that are recordable shall follow the rules for keeping the Registry which are provided in this subtitle and its Regulations, but until it can be implemented according to the time and manner which the Secretary determines, the regulations of the previous statute shall be followed.
Fifth.— The term of expiration for entry presentations of notified documents shall begin to take its course on the date on which this act takes effect.
Sixth.— Curable defects that appear in the registrations made under previous legislation may be corrected by submitting the necessary documents, or their cancellation may be ordered at any time by the Court of First Instance, with jurisdiction over the property or any part thereof, upon request to this court by the interested party, stating the reasons why said cancellation may be in order.
Nevertheless, if the defect does not affect the legal standing or the civil status of the parties in the transaction or contract which is to be registered, when five years have elapsed from the date of entry of the defect, it shall then be cancelled by the Registrar automatically, or at the request of the interested party.
History —Mortgage Law, 1979, § 255; June 14, 1980, No. 143, p. 535, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-5/chapter-201/4001/
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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 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005)›Chapter 201 - Property Registrars (§§ 4001 — 4003)›§ 4001 - Number of registrars
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005) › Chapter 201 - Property Registrars (§§ 4001 — 4003) › § 4001 - Number of registrars
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The Property Registry shall have twenty-eight (28) Registrars. The Secretary of Justice may increase their number up to a maximum of thirty-six (36), except in case a Registrar is appointed as Administrative Director, when their number may be increased to thirty-seven (37).
History —June 3, 1980, No. 86, p. 239, § 1; July 26, 1995, No. 87, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-5/chapter-201/4002/
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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 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005)›Chapter 201 - Property Registrars (§§ 4001 — 4003)›§ 4002 - Salaries
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005) › Chapter 201 - Property Registrars (§§ 4001 — 4003) › § 4002 - Salaries
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The salary of the Property Registrars shall be equal to the salary established for the office of Superior Judge of the Court of First Instance. The annual salary of the Administrative Director of the Property Registry shall be five percent (5%) higher than the salary of the Property Registrars.
History —June 3, 1980, No. 86, p. 239, § 2; Sept. 16, 1983, No. 14, p. 381, § 1; July 9, 1986, No. 93, p. 299; Dec. 15, 1991, No. 90, § 1; Aug. 10, 1995, No. 152, § 1; July 23, 1998, No. 168, § 1, retroactive to July 1, 1998.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-5/chapter-201/4002a/
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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 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005)›Chapter 201 - Property Registrars (§§ 4001 — 4003)›§ 4002a - Leave
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005) › Chapter 201 - Property Registrars (§§ 4001 — 4003) › § 4002a - Leave
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Property registrars have the right to accumulate and enjoy vacation and sick leave in accordance with the applicable norms for other employees of the Justice Department.
History —June 3, 1980, No. 86, p. 239, added as § 3 (second) on Dec. 13, 1990, No. 40, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-5/chapter-201/4002b/
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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 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005)›Chapter 201 - Property Registrars (§§ 4001 — 4003)›§ 4002b - Lump sum payment
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005) › Chapter 201 - Property Registrars (§§ 4001 — 4003) › § 4002b - Lump sum payment
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Upon separation from service property registrars shall have a right to lump sum payment of accumulated sick and vacation leave in accordance with the provisions of § 703a of Title 3.
History —June 3, 1980, No. 86, p. 239, added as § 4 on Dec. 13, 1990, No. 40, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-5/chapter-201/4003/
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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 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005)›Chapter 201 - Property Registrars (§§ 4001 — 4003)›§ 4003 - Funds
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005) › Chapter 201 - Property Registrars (§§ 4001 — 4003) › § 4003 - Funds
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The funds needed to carry out the purposes of §§ 4001-4003 of this title shall be appropriated annually in the Regular Budget Joint Resolution.
History —June 3, 1980, No. 86, p. 239, § 3; Sept 16, 1983, No. 14, p. 381, § 2, eff. Oct. 1, 1983.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-5/chapter-202/5001/
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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 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005)›Chapter 202 - Computerized Registry System (§§ 5001 — 5005)›§ 5001 - Regulations
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005) › Chapter 202 - Computerized Registry System (§§ 5001 — 5005) › § 5001 - Regulations
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The Secretary shall approve the regulations that are needed for the implementation of this chapter.
The operational regulations of the Computerized Registry System, approved on March 29, 1999 by the Secretary, shall be deemed to be an approved regulation for the purposes of §§ 2101 et seq. of Title 3.
The Secretary shall hold public hearings before approving the regulations required for the implementation of this chapter, unless he approves them according to the immediate effectiveness procedure, in which case he shall hold them no later than thirty (30) days after the effective date of these regulations.
History —Feb. 17, 2000, No. 48, § 20, eff. 90 days after Feb. 17, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-5/chapter-202/5002/
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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 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005)›Chapter 202 - Computerized Registry System (§§ 5001 — 5005)›§ 5002 - Personnel and their training
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005) › Chapter 202 - Computerized Registry System (§§ 5001 — 5005) › § 5002 - Personnel and their training
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(a) The Secretary may hire all the personnel that is needed for the updating of the operations of the Property Registry and the implementation of the electronic information systems. The Secretary may recruit temporary personnel, on a full-time or part-time basis, by designation or through a professional services contract, for a term that shall not exceed one year, and only renewable for another term that shall not exceed one year.
(b) The Secretary may hire any person who is a pensioner from the Registry and, in his discretion, shall fix the term and remuneration of these persons, which shall not exceed the full-time eight (8) -hour working day nor the maximum salary corresponding to a full-time employee who performs the same task.
Every person hired by virtue of this section shall also receive the pension they are entitled to by virtue of the laws of Puerto Rico. To such effects, they are exempted from the application of § 792 of Title 3, and from Section 1 of Act No. 40 of June 15, 1959. The hiring of said persons shall not impair any benefit or vented right they enjoy as pensioners.
The time that the persons hired pursuant to this section spend working on tasks they are assigned thereof, shall not be computed for retirement purposes, nor shall any withholdings be made in that regard.
(c) In the case of persons who work in other agencies or public corporations of the Commonwealth of Puerto Rico, the Secretary may request the Governor to detach them temporarily to the Property Registry.
The Secretary shall authorize the personal training programs that are needed for the implementation of this chapter, which may include training outside of Puerto Rico for the supervisory personnel and the Property Registrars.
History —Feb. 17, 2000, No. 48, § 21, eff. 90 days after Feb. 17, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-5/chapter-202/5004/
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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 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005)›Chapter 202 - Computerized Registry System (§§ 5001 — 5005)›§ 5004 - Interagency coordination
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005) › Chapter 202 - Computerized Registry System (§§ 5001 — 5005) › § 5004 - Interagency coordination
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The Secretary of Justice and the Secretary of the Treasury shall establish a joint regulation for the electronic debiting of the filing fees.
The Secretary of Justice and the Secretary of the Treasury may contract the development and establishing of electronic systems with the Notarial Bond Fund of the Puerto Rico Bar Association, for the transfer of information, electronic presentation and registration of documents, and the debiting of the presentation, registration, and any others fees required for all the notaries of Puerto Rico in the public registries.
History —Feb. 17, 2000, No. 48, § 23, eff. 90 days after Feb. 17, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty/subtitle-5/chapter-202/5005/
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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 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005)›Chapter 202 - Computerized Registry System (§§ 5001 — 5005)›§ 5005 - Presentation of documents
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2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 5 - Mortgage and Property Registry Act of 1979; Additional Provisions (§§ 4001 — 5005) › Chapter 202 - Computerized Registry System (§§ 5001 — 5005) › § 5005 - Presentation of documents
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The Secretary is hereby authorized to provide by regulations for the filing of documents through simultaneous electronic channels or in stages for all the sections of the Property Registry, as deemed convenient for the operation of the Registry.
History —Feb. 17, 2000, No. 48, § 24, eff. 90 days after Feb. 17, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-preliminary/chapter-1/1/
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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-ONE - Civil Code (§§ 1 — 5305)›Subtitle Preliminary - Subtitle Preliminary Provisions (§§ 1 — 23)›Chapter 1 - The Laws, Their Effects, and the General Rules for Their Application (§§ 1 — 23)›§ 1 - Title
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle Preliminary - Subtitle Preliminary Provisions (§§ 1 — 23) › Chapter 1 - The Laws, Their Effects, and the General Rules for Their Application (§§ 1 — 23) › § 1 - Title
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This act shall be known as “The Civil Code of Puerto Rico”.
History —Civil Code, 1930, § 1.
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