P.R. Laws tit. 30, § 2707

2019-02-20 00:00:00+00
§ 2707. Summary procedure—Documents to be presented with initial brief

The foreclosing creditor shall submit the following documents along with the initial brief:

I. The title or titles of the mortgage loan to be collected.

II. A certified copy of the notarial record proving payment was demanded from the debtor or, when applicable, from the third owner, with at least twenty (20) days advance notice, pursuant to the provisions in § 2703 of this title. If the demand was made by certified mail with return receipt requested, the following shall be submitted: (1) a sworn statement by the person who presented it at the post office to be sent by certified mail; (2) a copy or duplicate of said letter; (3) evidence of its postal certification, and (4) the receipt or, when applicable, the postal record of failure to deliver the letter to the addressee. If said requirement was not accomplished, the creditor’s sworn written statement must be attached stating his reasons for not having done so.

III. When the mortgage being foreclosed was constituted to secure titles conveyable by endorsement or to the bearer, it shall also be essential to attach these titles or photostatic copies thereof to the initial brief. But in this latter case, the court must require that the originals be presented for examination.

IV. When a mortgage foreclosure securing a line of credit is involved, the documents attesting to the final balance subject to foreclosure shall be attached.

V. If a creditor has died, a legal death certificate shall be submitted along with a list of his successors.

VI. If the debtor or the third owner has died, a death certificate shall be attached along with a written sworn designation of the names of the known heirs, and their respective residences, if they are also known.

History —Mortgage Law, 1979, § 207; June 14, 1980, No. 143, p. 535.