P.R. Laws tit. 30, § 2280

2019-02-20 00:00:00+00
§ 2280. Final judgment refusing entry—Term for filing appeal; contents; procedure

An interested party may file an administrative appeal of the Registrar’s determination in the Supreme Court of Puerto Rico within a nonextensible period of 20 days from the notice of refusal, and shall simultaneously notify the Registrar thereof by certified mail along with a copy of the appeal filed. Said appeal may not include objections to the Registrar’s determination of the document that was not included when he filed the writ requesting the reconsideration thereof. If the appeal has not been filed within the term granted, the refusal shall be admitted for all legal purposes.

Within five days of receipt of said notice from the interested party, the Registrar must send the qualified document by hand or by certified mail to the Supreme Court of Puerto Rico, accompanied by the initial letter requesting reconsideration and shall make a note of the filing of said appeal in the margin of the cautionary notice of refusal.

The Registrar shall send his reply to the appealer’s allegations to the Supreme Court of Puerto Rico, pursuant to said court’s regulations, within 20 days after their receipt.

The expiration date of the presentation entry or of the cautionary notice, as the case may be, shall be extended from the date on which the appeal is filed to the date of its final resolution.

The Registrar is obliged to include in his decision all of the grounds for refusing the requested entry. If this has not been done and the document is presented again, or its recording is permitted in the corresponding administrative appeal, he may allege that there were errors not found in the former decision; but in that event, he may be corrected disciplinary, if in order, according to the circumstances of the case.

If the Registrar has refused to record a document, after 10 days have elapsed from the notice of refusal and no one has picked up the documents, and before the term expires for the party interested in recording to appeal, he may submit the refused document to the Supreme Court along with the reconsideration letter and an allegation supporting his action, all of which shall be notified to the interested party. The interested party shall have 10 days from notice of the appeal to present his allegation. In this case, all the provisions of this subtitle regarding appeals of the Registrar’s decision and their effects shall apply.

History —Mortgage Law, 1979, § 77; June 14, 1980, No. 143, p. 535.