P.R. Laws tit. 30, § 2458

2019-02-20 00:00:00+00
§ 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.