P.R. Laws tit. 30, § 2404

2019-02-20 00:00:00+00
§ 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.