reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2315 - Plans, recording in registry of plats

Plans submitted for recording in the Registry of Plats must contain the registry identification of the properties involved and, if there is more than one, the part of each of them that would be affected.
History —Mortgage Law, 1979, § 94.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2316 - Hereditary right; document of succession; definition of property and registration procedure

For purposes of the Registry, the hereditary succession document, contains the will or the succession of heirs in absence of a will, be it of a judicial nature or in agreement with §§ 2155 et seq. of Title 4, known as the “NonContentious Notarial Matters Act”.
The hereditary right shall be recorded in the names of all heirs when it involves property acquired by inheritance and the corresponding partition has not yet been made, if one of the interested parties requests it; stating in the entry, the shares corresponding to each of them and the right to the usufructuary share of the surviving spouse, if any. In the event that property presumed to be community property is involved, registration shall only be made of the share that might correspond to the deceased spouse.
When a single heir is involved and there is no one authorized to adjudicate the inheritance, the succession document shall be equivalent to adjudication when it comes to recording the rights that appear in the name of the predecessor in title directly in the heir’s name. Nor shall prior adjudication be necessary when a single person has acquired all the shares that the interested parties held in the hereditary right.
In the cases referred to in the two preceding paragraphs, if the property does not appear described in the documents submitted, a paper signed by any interested party shall be attached in which the property is described with the numbers that the properties have in the Registry, stating the volume and folio where they appear recorded in the name of the person from whom the right is derived.
In order to record concrete adjudications, the property or unsegregated parts of the same which belong or are adjudicated to each owner or heir must be specified in a public document or by final judicial resolution, or also by public document to which all the interested parties have given their consent, if only one part of the estate were adjudicated and they should have free disposal of it.
Alienations or liens of specific shares in a property which has not been previously adjudicated in the corresponding partition shall not be recorded.
History —Mortgage Law, 1979, § 95; Sept. 2, 2000, No. 348, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2317 - Suspensive or resolutory conditions; appearance in registry

Completion of the suspensive or resolutory conditions of the acts or contracts recorded shall appear in the Registry, either with a marginal note, if the acquisition of the right is accomplished, or by a new registration in the name of the appropriate person, if the judicial resolution is confirmed.
History —Mortgage Law, 1979, § 96.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2318 - Administrative franchises and concessions referring to real property; place for recording

Administrative franchise and concessions referring to real property must be recorded in the corresponding section or sections, by presenting the document in which the franchise or concession was made and attaching the other documents which may limit or modify the rights granted to the concessionaire.
History —Mortgage Law, 1979, § 97.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2319 - Single entry; discretion of registrar; successive transaction

When he deems it convenient, the Registrar may record a single entry when several interrelated documents are involved, provided the successive transaction is accomplished.
History —Mortgage Law, 1979, § 98.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2320 - Adjudication for payment of debts or encumbrances

In the adjudication of specific real property or rights on said property in an inheritance or to a partner in a bankruptcy suit, a creditor, or a stranger, with the express obligation of using the amount derived thereby for the payment of debts or encumbrances on that inheritance or bankruptcy suit, the obligation whereby the property is adjudicated shall not be recorded unless it consists of collateral on that same property on behalf of the corresponding creditors.
History —Mortgage Law, 1979, § 99.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter II - Form of Recording (§§ 2301 — 2321) › § 2321 - Entries defective due to omission of required data

Entries made in the Registry shall be deemed defective if any of the data required by this act is omitted or is stated with substantial inaccuracy, without impairment of the provisions in §§ 2501-2505 of this title concerning the correction of errors.
History —Mortgage Law, 1979, § 100.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2351 - Public access to registry—Rights subject to separate and special registration

Public access to the Registry shall not extend to the mention of rights subject to separate and special registration, and said rights as well as personal rights which lack special warranty shall not be classified as liens, except for their effect on the recorded suspensive and resolutory conditions and the true transcendence of the causes that appear explicitly from the Registry on the nature and extent of the rights recorded.
Personal rights which lack special warranty and mentions of rights subject to separate and special recording shall be cancelled by the Registrar or at the request of an interested party.
History —Mortgage Law, 1979, § 101; June 14, 1980, No. 143, p. 535.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2352 - Public access to registry—Contractual restrictions and conditions excepted for government agencies

Contractual restrictions and conditions demanded by the corresponding government agencies which affect recorded real rights shall not be considered included in § 2351 of this title.
History —Mortgage Law, 1979, § 102.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2353 - Public access to registry—Recorded option, effect

A recorded option shall have the status of a strict lien according to the provisions of this subtitle and shall impair future acquirers of the property subject thereto, according to its terms.
History —Mortgage Law, 1979, § 103.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2354 - Public access to registry—Presumptions relative to recorded rights

For all legal purposes, it shall be presumed that the recorded rights exist and belong to their titleholder in the form specified by the respective entry. It shall also be presumed that the person who has recorded the ownership of the real properties or rights has possession thereof. This assumption, as well as the preceding one, admits proof to the contrary, but the courts will take care that in case of doubt as to possession, the recorded titleholder be recognized as the owner, subject to the actions that his contradictor can exercise in the corresponding regular proceedings.
As a result of the above provisions, no contradictory action on the ownership of real properties or real rights recorded in the name of a specific titleholder may be taken without having previously, or at the same time, filed a suit in court for correction, annulment or cancellation of the corresponding registration, when it is in order.
History —Mortgage Law, 1979, § 104.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2355 - Public access to registry—Nonvalidation of transactions or contracts; protection for third parties

Despite the fact that registration does not validate transactions or contracts that are null according to the law, nor does it alter the legal relationship of those intervening as parties in said transactions or contracts, a third person who, in good faith and by paying a price, validly acquires a right from a person who according to the Registry, appears with the power to convey it, shall be sustained in his acquisition after he has recorded his right, when for any reason the Registry is found to be inaccurate, either because the grantor’s title is rescinded, cancelled or annulled for reasons not clearly shown in the Registry itself, or because there are actions or titles of ownership or of other real rights that are not duly recorded.
With regard to this, the Registry shall be understood to be all standing entries relating to a property or right, that have not been extinguished as provided in § 2451 of this title, which refer to the liens or rights that do not convey or encumber, in addition to the entry that gives notice to the right of the conveyor.
The good faith of a third party shall always be presumed unless there is proof that the inaccuracy of the Registry was known when the property was acquired.
A gratuitous acquirer shall only enjoy the Registry protection corresponding to the predecessors in title or to the conveyors.
In no case shall rights merely mentioned or the undue recording of obligations, affect a third party.
History —Mortgage Law, 1979, § 105; June 14, 1980, No. 143, p. 535.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2356 - Prescription—Legitimate title

With regard to adverse possession on behalf of the recorded titleholder, the registration shall be the legitimate title, and it shall be assumed that he has owned it publicly, peacefully, uninterruptedly and in good faith during the time the entry is in force, and that of the predecessors from whom he acquired it.
History —Mortgage Law, 1979, § 106.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2357 - Prescription—Third parties

A third party who, protected by § 2355 of this title, acquires ownership or any right which implies possession shall be protected from an usucapient by the registry document attesting authority, whether it be by acquisitive or adverse possession, if he did not know of the usucapion carried out or in progress in behalf of a person other than its conveyor, and if within a year after the acquisition, he brings suit to disclaim the effects of the usucapion carried out before the acquisition or within said period of time. Once this period has elapsed, the protection given in this section shall cease for the third party, and the title shall be judged and the time shall be counted in accordance with civil law.
When the possession consists of a negative easement which can be acquired by adverse possession, the term of one year shall start at the moment the third party learned of its existence, or failing this, at the moment when an act occurs that hinders the freedom of the servient tenement already in his possession.
Real rights limiting ownership which do not imply possession, acquired on someone else’s right by a third party who meets the requirements established in § 2355 of this title, shall not be affected by the out-of-registry usucapion of the right on which they exist.
The third acquirer of real rights when faced with extinctive prescription shall have the same protection this section provides against the effects of usucapion.
A person who acquires property from a third party shall have the same rights hereby granted to his predecessor in title, provided he complies with the same requirements and with those established in § 2355.
History —Mortgage Law, 1979, § 107.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2358 - Resolutory and rescissory actions; actions of legal redemption; third party impaired

By virtue of the provisions in § 2355 of this title, resolutory and rescinding actions which originate in suits, explicitly recorded as such in the Registry, shall impair a third party.
Fraudulent alienation from creditors may be rescinded when the second or subsequent acquirer is an accomplice to the fraud or the right has been conveyed to him by gratuitous title, provided the action in both cases is carried out within four years from the date of said alienation.
Actions of legal redemption shall also impair a third party in those cases and terms established by law.
History —Mortgage Law, 1979, § 108.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2359 - Transactions or contracts in prejudice to third parties; reasons for not annulling or rescinding

Likewise, transactions or contracts impairing a third party shall not be annulled or rescinded for any of the following reasons:
1st. For revocation of donations in cases permitted by law, except when the donee does not comply with the conditions recorded in the Registry.
2nd. For not having paid all or part of the price of the thing sold or the right conveyed, when said deferment does not appear guaranteed in the registration, as established in § 2309 of this title.
3rd. For the double sale of the same property or right, when one of them was not recorded, except in cases where the recorded acquirer did not act in good faith.
4th. For injury arising from breach of contract in the 1st and 2nd cases in § 3492 of Title 31.
5th. For alienations made to defraud creditors, except those covered in § 2358 of this title.
6th. For the effect of any other actions when the laws permit certain persons to rescind contracts for reasons that do not specifically appear in the Registry.
In any case where the rescinding or resolutory action cannot be taken against a third party in accordance with the provisions in this section, a corresponding action may be exercised for compensation for damages by the person causing them.
History —Mortgage Law, 1979, § 109.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2360 - Inaccuracies in Registry; definition; rectification

Inaccuracy of the Record is understood to mean any disagreement on recordable rights which may exist between the Record and the legal reality outside the Registry.
Rectification of the Registry may be requested by the titleholder of dominion or real right which is not recorded, which is recorded erroneously, or which is impaired by the inaccurate entry.
Rectification shall be made according to the following rules:
(a) When the inaccuracy arises from a legal decision on real property which has not had access to the Registry, a correction shall be made: First, by recording the correct title, if possible; second, by resumption of the successive transaction in accordance with the provisions of this subtitle; and third, by court order.
(b) When the inaccuracy is due to the cancellation of a recorded or noted right, correction shall be made by means of a cancellation, in accordance with the provisions of this subtitle.
(c) When the inaccuracy occurs because of a defect or error in an entry, the Record shall be corrected according to what is established in this subtitle.
(d) When the inaccuracy is based on falsification, annulment or a defect in the title motivating the entry, and, in general, for any other reason not previously specified, the correction shall require the consent of the titleholder affected by the inaccuracy, or when this is lacking, a court order shall be required.
In cases where judicial correction must be sought, the suit must be filed against all those to whom the entry which it is attempting to correct grants some right.
Corrective action shall be inseparable from the dominion or real right from which it is derived.
In no case, may correction of the Registry impair the rights legitimately acquired by a third party who meets the conditions hereby established.
History —Mortgage Law, 1979, § 110.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 111 - Form and Effect of Registration (§§ 2251 — 2361) › Subchapter III - Effects of Registration (§§ 2351 — 2361) › § 2361 - Third party acquirers from heirs or legatees; registry protection

Heirs and legatees shall have the same protection as their predecessor in title in accordance with the provisions in § 2355 of this title. Third parties acquiring property from legal heirs shall have full protection, according to the preceding section, even though they may be preferred or legatee heirs. Third party acquirers from voluntary heirs or legatees who are not legal heirs, as well as their successors to the title, shall have the benefit of document-attesting authority two years after recording the hereditary title of their conveyor, even though they may have acquired it within that period of time.
History —Mortgage Law, 1979, § 111.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2401 - Who may request

The following may request that cautionary notices on their respective rights be entered in the Registry:
1st. A person who, in a lawsuit, claims ownership to real property or the constitution, declaration, modification or extinction of any recordable right or one who files his claim in an action that affects a title to real property, or on the validity and force, or the lack of validity or force, of the title or titles involved in the acquisition, constitution, declaration, modification or extinction of the above-cited recordable rights.
2nd. A person who lawfully obtains an attachment order in his favor on real property belonging to the debtor.
3rd. A person who, in a suit, demands payment of any kind of obligation and lawfully obtains a resolution ordering the attachment or an injunction against the alienation of real property.
4th. A legatee of rights on specific real property, provided he has no right over an aliquot part of the estate.
5th. A creditor for money advanced to a builder for as long as the construction job lasts.
6th. Persons who filed suit for the purpose of declaring legal incompetence to administer, or the absence, or the death, or any other condition by which the legal capacity of persons is modified with regard to the free disposition of their property and also those who obtain resolutions showing legal incapacity to administer property or which affect legal capacity with regard to the free disposition of the inheritance, whether or not said incapacity is declared decisively, as occurs in cases of legally-declared bankruptcy or reorganization proceedings.
7th. A person who in any other case is entitled to demand a cautionary notice pursuant to the provisions in this subtitle or in any other act.
The Registrar shall also enter a cautionary notice whenever he refuses a registration in accordance with §§ 2273 and 2274 of this title.
—Mortgage Law, 1979, § 112; June 14, 1980, No. 143, p. 535.
History
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2402 - Judicial claims; requirements

In the case of number (1) of § 2401 of this title, the cautionary notice can only be made by order of the court handed down at the request of a legitimate party and by virtue of adequate documentation for prudent judicial discretion, except when the basis for the action is a recorded real right, in which case, presentation of a certified copy of the suit shall be sufficient for its notation in the Registry.
History —Mortgage Law, 1979, § 113.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2403 - Unappealable judgment; proper registration and cancellation

When the claim referred to in number 1st paragraph of § 2401 of this title is resolved favorably in an unappealable judgment, the proper registration and cancellation of entries that are in order shall be made in the Registry. The judgment or order shall be sufficient title to enter the corresponding registration in favor of the claimant, as well as the writ of judicial sale in cases of foreclosure by public auction.
History —Mortgage Law, 1979, § 114; June 14, 1980, No. 143, p. 535.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2404 - Attachment or prohibition to alienate; Rules to follow

In the case of the 2nd and 3rd paragraphs of § 2401 of this title, the following rules shall be observed:
First:— When the attached property is not recorded or is found to be recorded in the name of another than he against whom the attachment is ordered, the provisions in this subtitle shall prevail with respect to the defective documents.
Second:— In the case of the preceding rule, the interested parties in the attachment may request the competent court to order the debtor being sued to request the registration of the attached property, and if he refuses to do so or does not do so in a reasonable length of time which shall be determined by the court, they may request registration by presenting the necessary titles to such effect, if possible.
Third:— When pursuant to executory judgment, there is an agreement to sell the attached property, the interested parties may also make up for the lack of title by resorting to the measures outlined in §§ 2761-2777 of this title, if the titleholder refuses to make the registration.
Fourth:— Fees and court costs resulting from the refusal or abstention of the attached titleholder to obtain the registration shall be his responsibility.
Fifth:— The provisions in the preceding rules do not impair the right that acquirers of auctioned property and rights have to lawfully obtain a legal registration in their behalf.
History —Mortgage Law, 1979, § 115.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2405 - Other notations; applicable Rules

The same rules expressed in § 2404 of this title shall apply to the rest of the notations insofar as their respective nature permits.
History —Mortgage Law, 1979, § 116.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2406 - Creditor; preference

A creditor who obtains any kind of cautionary notice on his behalf, except for those entered when the notation requested has been refused according to the provisions of this subtitle and those for interim financing, shall have preference over those who have contracted loans against the same debtor after said notation was made only with regard to the annotated property. Notations of interim financing and those of refusal shall be fully effective on the presentation date of the document that produced them.
History —Mortgage Law, 1979, § 117.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2407 - Attachment by administrative collection proceedings; applicable provisions

Attachment ordered by administrative collection proceedings shall be governed by the provisions applicable to them, and to this effect the authorities who decree them on real property may present a certification containing the attachment order and the data needed to record it in the corresponding section.
History —Mortgage Law, 1979, § 118.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2408 - Interim financing; definition

Interim financing is that which is contracted for the construction, maintenance or repair of something. It is only granted for projects to be built.
History —Mortgage Law, 1979, § 119.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2410 - Legatees; procedure

A legatee entitled to request a cautionary notice need only note his title on the bequeathed property through the presentation of a certified copy of the will, duly recorded in the Registry of Testaments together with a certification attesting to the fact that it has not been revoked or modified, a copy of the death certificate, and a petition addressed to the Registrar under the authenticated signature of the legatee.
History —Mortgage Law, 1979, § 121; June 14, 1980, No. 143, p. 535.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2411 - Form; place of registration; data

Cautionary notices shall be entered in the same manner and in the same place as the registrations, indicated with correlative letters, and shall contain the general data required for these entries, in addition to recording the details determined by Regulations.
History —Mortgage Law, 1979, § 122; June 14, 1980, No. 143, p. 535.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2412 - Conversion of registration or entry; requirements

A cautionary notice may be converted into an appropriate registration or entry when the person in whose favor it is established acquires the right noted or proceeds to confirm the respective entry lawfully, if indicated. This change shall be made as provided by Regulations.
History —Mortgage Law, 1979, § 123.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2413 - Conversion into final registration; effective date

When a cautionary notice of a right is converted into a final registration thereof, it shall be effective on the date of presentation of the document that motivated the notation.
History —Mortgage Law, 1979, § 124.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2414 - Alienation or encumbrance of noted real property; registration; effects

Titles in which noted real property is alienated or encumbered may be registered without prejudice to the right of the person in whose favor the notation has been made, provided its alienation is not barred or, if it is, that it is a question of forced sale of previously recorded rights.
If the noted property or right passes into the hands of a third owner or subacquirer before the creditor collects his loan, the subacquirer, after verifying his title, may request that he be shown the records in the Clerk’s Office and the court shall so resolve without paralyzing the course of the proceeding, ordering, at the same time, that further transactions be made with him, as subrogated in the place and stead of the debtor, but only for purposes of attachment of the noted property or right.
Acquirers prior to the notation may record their titles and file proper suit in order to assert their rights, without prejudice to that provided in §§ 2403 and 2473 of this title.
History —Mortgage Law, 1979, § 125; June 14, 1980, No. 143, p. 535.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 113 - Cautionary Notices (§§ 2401 — 2415) › § 2415 - When considered defective

A cautionary notice shall be considered defective when, because of it, one cannot find out to which property or right it belongs, who the person affected by the notice is, the nature of the right being noted, or the date the entry was made.
History —Mortgage Law, 1979, § 126.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2451 - Motives

Registry entries are extinguished and lose their legal effect by cancellation, expiration or conversion.
History —Mortgage Law, 1979, § 127.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2452 - Rights; presumption of expiration

The rights contained in an entry shall be presumed to have expired at the moment of the entry’s extinction.
History —Mortgage Law, 1979, § 128.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2453 - Cancellation; generally

Cancellation of Registry entries may be total or partial.
Cancellation of an entry made without any external curable defect shall become totally effective with regard to the third party who, because of it, has acquired and recorded a right, even though said cancellation is later annulled for some reason that does not clearly originate from that entry or the Registry.
History —Mortgage Law, 1979, § 129.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2454 - Total cancellation; when in order

Total cancellation shall be in order:
1st. When the recorded real property is completely extinguished.
2nd. When the recorded right is completely extinguished.
3rd. When the nullity of the title in virtue of which entry was made is ordered judicially.
4th. When the nullity of the entry is ordered judicially.
History —Mortgage Law, 1979, § 130.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2455 - Partial cancellation; when in order

Partial cancellation shall be in order:
1st. When the real property subject to the entry is made smaller.
2nd. When the recorded right is made smaller.
History —Mortgage Law, 1979, § 131.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2456 - Registrations and notations made by legal instrument or authentic document; requirements and procedure for cancellation

Registrations, cautionary notices and notations made by virtue of a legal instrument or authentic document shall be cancelled by means of another legal instrument or document of the same nature, in which the titleholder in whose name the entry is made or his successor or legal representative gives his consent. They shall also be cancelled by virtue of a final court order, duly witnessed or inserted in a judicial order, as the case may be. The provisions in this section shall not impair the special provisions which this subtitle orders for certain cancellations.
History —Mortgage Law, 1979, § 132.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2457 - Mortgages on community property and to secure negotiable titles; procedure

The consent of either of the two spouses shall suffice to cancel a mortgage lien on community property, in the event the conveyable instrument is endorsed restrictively for cancellation.
For the cancellation of mortgages that secure negotiable titles, the provisions in existing ordinary or mercantile legislation shall be followed.
History —Mortgage Law, 1979, § 133; June 14, 1980, No. 143, p. 535.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2458 - Rights extinguished by law or terms of title; entries made by judicial order or mandate and those made after cautionary notice of refusal; procedure

When the right contained in a registration, cautionary notice or notation shall have been extinguished by statutory provision or because it originated in the title that led to the entry, the corresponding entry shall be cancelled at the request of an interested party, without resorting to the requirements set forth in § 2456 of this title. However, lease and sublease contracts, as well as of any other right with a stipulated agreement on extension of time, duly recorded in the corresponding entry, shall not be cancelled until the extension period has expired.
Mortgage registrations shall be cancelled without request of either party when successive recorded entries on the property reveal that it, or the right on which the mortgage was constituted, was attached or sold at public auction to the creditor or to another person; and also, when it appears from successive entries, that the mortgaged property or right was conveyed, by whatever title, to the creditor, according to the Registry.
In cases where entry cancellations have been made by judicial order or mandate, the provisions in § 2463 of this title shall be complied with.
With respect to entries made after a cautionary notice of refusal, in cases where the administrative appeals authorized in § 2279 of this title have been filed, the provisions in §§ 2403 and 2473 of this title shall be followed.
History —Mortgage Law, 1979, § 134; June 14, 1980, No. 143, p. 535.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2459 - Voluntary extinguishment of right; procedure; registrations and notations by court order; final judicial decision

When a recorded right is extinguished with the consent of the interested parties, this circumstance must be attested in accordance with § 2456 of this title before the registration may be cancelled.
When cancellations of registrations, cautionary notices and notations, based on orders of the court, and those carried out by virtue of public document are in order and the person impaired does not accept the judgment, they may only be cancelled by a final court decision. Cases of expiration by operation of law are excepted.
History —Mortgage Law, 1979, § 135.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2461 - Rights of interested parties not affected

The provisions in the preceding sections protect the interested parties’ right to take to court whatever action they believe might help and be in order.
History —Mortgage Law, 1979, § 137.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2462 - Mortgage to secure titles conveyable by endorsement; deeds for cancellation; procedure

Mortgage registrations constituted to secure obligations represented by titles that may be conveyed by endorsement or payable to the bearer, no matter what they are called, shall be totally or partially cancelled by a deed granted by the legitimate owners of the aforementioned titles, without prejudice to the provisions of § 2460 of this title, concerning cancellations of subsequent liens. In any event, identification of the titles and their nullity or partial reduction in the foreclosure proceedings must appear in the deed. If all or some of said titles have been lost or destroyed without the preceding requirements, said registrations can only be cancelled by presentation of an unappealable judgment in which the obligations represented by said deeds are rendered extinguished.
In the case of deeds for the cancellation of titles conveyable by endorsement, the notary shall be duty bound to attest that the person appearing before him is the endorsee or that the last endorsement was frustrated.
History —Mortgage Law, 1979, § 138; June 14, 1980, No. 143, p. 535.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2463 - Entries by judicial order; procedure

Entries made by judicial order shall be cancelled by a final judicial resolution issued by a competent court, duly witnessed or inserted in the corresponding order.
History —Mortgage Law, 1979, § 139.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2464 - Cautionary notice—Expiration; effective time

Regarding the cautionary notices that have expired, the Registrar may, automatically, or at the request of the interested party, enter a note to that effect.
Expiration becomes effective when the term allotted has elapsed.
History —Mortgage Law, 1979, § 140.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2465 - Cautionary notice—Not originating from judicial order or expiration; procedure

Cautionary notices not originating from judicial orders or administrative provisions shall be cancelled when the right they are subject to is extinguished, and also when the interested parties so agree, by means of the same kind of documents as those which put them into effect. Cautionary notices that have no expiration date may be cancelled four years after their date of issue, except for those that have a different expiration date designated by law. However, this term may be extended by order of the court for additional four-year periods, provided the extensions are presented in the Registry of Record before the entry is cancelled.
History —Mortgage Law, 1979, § 141.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2466 - Cautionary notice—Cancellation in order

The cancellation of a cautionary notice shall be in order when:
First.— The verdict in an unappealable judgment favors the defendant in the cases and assumptions referred to in the first paragraph of § 2401 of this title.
Second.— A court orders the lifting of an attachment, seizure, injunction against alienation, or annotation or complaint. If the property or right subject to notation is alienated or awarded in payment, the cancellation shall be a result of the registration in the name of the acquirer or the successful bidder.
Third.— A declaration of insolvency or bankruptcy is unfounded or dismissed.
Fourth.— The court orders the final dismissal of the annotated complaint for any reason.
Fifth.— The person in whose favor the notice was made waives it or the secured right by public document.
Sixth.— When the suit, filed for the purpose of obtaining some of the resolutions indicated in number 6th of § 2201 of this title, is dismissed by an unappealable judgment.
Seventh.— When a notice becomes a final registration in favor of the same person in whose behalf it was entered, or in behalf of his successor, either without the request of the parties or by request of a party.
Eighth.— When the legatee claims his inheritance.
Ninth.— When the financial backer of interim financing has been paid.
History —Mortgage Law, 1979, § 142; June 14, 1980, No. 143, p. 535.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2467 - Cautionary notice—Manner of effecting cancellation

Cancellation shall be made by presentation of the final judicial resolution and the mandamus ordering it, the public writ or document in which the material facts are proved or, when applicable, at the request of the interested parties.
History —Mortgage Law, 1979, § 143.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2468 - Tax embargo

Property Registrars shall cancel notations of tax embargoes six years after the date of the respective entry, at the request of a party, by notarized affidavit.
History —Mortgage Law, 1979, § 144.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2469 - Mortgages expiring twenty years before or with no maturity date; requirements

At the request of a party, by notarized affidavit, Registrars shall cancel mortgages which expired more than twenty years before or, if they had no maturity date when granted, after being established, provided the following conditions are met:
(1) That no lawsuit or procedure for the collection or foreclosure of the mortgage whatsoever appears in the Registry.
(2) That in spite of the time that has elapsed, the Registry does not reveal that said lien still exists because of some claim, act or acknowledgment that may denote the existence of a mortgage, by suspension or interruption of the releasing prescription, or any other cause.
History —Mortgage Law, 1979, § 145.
2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2470 - Rights; presumption of extinction

Cancellations made according to the provisions in § 2471 of this title shall lead to the presumption that the right said entry refers to is extinguished and any subsequent acquirer of the property or released right shall benefit fully from this presumption, under the conditions provided by § 2355 of this title.
History —Mortgage Law, 1979, § 146.