2023 Laws of Puerto Rico › TITLE THIRTY - Mortgage Law and Regulations (§§ 1-5 — 5005) › Subtitle 4 - Mortgage and Property Registry Act of 1979; General Provisions (§§ 2001 — 2821) › Chapter 115 - Extinguishment and Cancellation of Entries (§§ 2451 — 2473) › § 2460 - Cancellation of entry not dependent on consent of interested parties; rules to follow

According to the provisions in the first paragraph of § 2458 of this title, cancellations of entries which do not depend on the consent of interested parties shall be made, subject to the following rules:
First.— Registrations of mortgages and other liens on the right of usufruct shall be cancelled at the request of the owner of the real property by merely presenting the proper document proving the termination of said usufruct by an event beyond the control of the usufructuary.
Second.— When a property or encumbered right is alienated by the court, entries subsequent to that of the claimant shall be cancelled at the request of the person who ends up being the owner of the property or right by presenting the mandamus ordering the cancellation. The mandamus must include an itemized statement of the legal proceedings and a statement of the fact that the proceeds from the sale were not sufficient to cover the forecloser’s loan or that the balance left over, if any, was deposited to provide for subsequent creditors.
Mortgages and other liens prior to that of the foreclosure shall continue to subsist without cancellation.
The court ordering the foreclosure may order the cancellation of subsequent entries even though they have been made by order of a different judge or court.
Third.— The registration of mortgages constituted on public service projects whose construction is awarded by the state and which are directly and exclusively earmarked for the service referred to shall be cancelled if the grantee’s right is declared rescinded by virtue of the same title in which that extinction appears and the document proving that the amount of the damages duly deposited to cover the payment of the recorded mortgage loan credits the amount of compensation which the grantee should receive in said case.
Fourth.— Registration of submortgages, constituted without notification to the debtor in accordance with § 2612 of this title, may be cancelled by virtue of the deed in which the submortgaging creditor’s rescinded right appears.
When this rule has been complied with, the consent of the submortgage creditor shall also be necessary or a deposit in court of the amount secured by the submortgage, if it were equal to or less than the amount secured by the mortgage.
Fifth.— Registration of mortgages constituted on property under litigation referred to in the 10th paragraph of § 2554 of this title may be cancelled when all or part of the property or right is involved, and in the event a debtor has lost a lawsuit solely by the mere presentation of the final judgment handed down.
Sixth.— Registration of the sale of property subject to rescissory or resolutory conditions may be cancelled, if the reason for the rescission, resolution or nullity is recorded by presenting a document attesting that the sale was cancelled, rescinded or annulled, and that the value of the property or the amount of the payments which, along with the deductions which may be in order, must be refunded, are deposited in the Court of First Instance where the property is located.
If real rights have been constituted on an estate subject to rescissory or resolutory conditions, their registration must also be cancelled with the same document, providing said deposit is made.
History —Mortgage Law, 1979, § 136.