P.R. Laws tit. 30, § 2701

2019-02-20 00:00:00+00
§ 2701. Summary procedure—Applicable provisions; ordinary way; costs and attorney’s fees

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.