When voluntary mortgages are constituted by a unilateral act of the owner of the property or right mortgaged in favor of a certain person, the latter’s acceptance shall be entered in the Registry by a note, the effects of which shall be retroactive to the date of its constitution.
If the acceptance of the person in whose favor the mortgage was constituted is not attested to by a notary within two months from the date on which it was required of him, said mortgage may be cancelled at the request of the owner of the property or right and by virtue of the corresponding cancellation deed, without need of the consent of the designated person in whose favor it was constituted.
History —Mortgage Law, 1979, § 186.