P.R. Laws tit. 30, § 2462

2019-02-20 00:00:00+00
§ 2462. Mortgage to secure titles conveyable by endorsement; deeds for cancellation; procedure

Mortgage registrations constituted to secure obligations represented by titles that may be conveyed by endorsement or payable to the bearer, no matter what they are called, shall be totally or partially cancelled by a deed granted by the legitimate owners of the aforementioned titles, without prejudice to the provisions of § 2460 of this title, concerning cancellations of subsequent liens. In any event, identification of the titles and their nullity or partial reduction in the foreclosure proceedings must appear in the deed. If all or some of said titles have been lost or destroyed without the preceding requirements, said registrations can only be cancelled by presentation of an unappealable judgment in which the obligations represented by said deeds are rendered extinguished.

In the case of deeds for the cancellation of titles conveyable by endorsement, the notary shall be duty bound to attest that the person appearing before him is the endorsee or that the last endorsement was frustrated.

History —Mortgage Law, 1979, § 138; June 14, 1980, No. 143, p. 535.