P.R. Laws tit. 30, § 2706

2019-02-20 00:00:00+00
§ 2706. Summary procedure—Initial brief; requirements; content

A summary procedure shall be initiated by presenting in a Part of the competent Court of First Instance a brief signed by a lawyer which must necessarily include:

I. The competence of the Part of the Court of First Instance resorted to;

II. the facts and the exact text or essential statement of the specific legal grounds for the certainty, subsistence and ability to demand the mortgage loan;

III. the liquid and exact amount which, for all intents and purposes, is subject to the claim, with an exact breakdown as to:

(a) The balance on the capital of the principal obligation at the time;

(b) the interest due and not paid during the term agreed upon for its payment or during the delinquent period, indicating the rate and amount of the former or the latter, and whether the interest rate in the case of delinquency was stipulated and entered in the Registry;

(c) the amount agreed upon and recorded for court costs and lawyer’s fees, and

(d) the amount and nature of any other sum whose payment is recorded as secured by the mortgage;

IV. the date and place in which the debtor and, when applicable, the third owner, was previously issued a payment order pursuant to the preceding sections, and the fact that the creditor was not paid or the amounts due were not deposited in the court, and

V. the request that the summary mortgage procedure be authorized and continue to the end.

History —Mortgage Law, 1979, § 206.