P.R. Laws tit. 30, § 2710
The court shall examine the initial brief, the attached documents and the Registrar’s certification, and if it considers that the stated legal requirements have been met shall, with this alone, admit it and issue a writ summoning those who, according to the Registry certification, are in possession of the mortgaged property, whether the debtor still has title, or whether it has been conveyed totally or in part to a third party, so that within thirty days, which cannot be extended, they may pay off the amounts claimed along with the court costs and lawyer’s fees, with the admonition that the mortgaged property shall be sold at auction.
When the Registry certification reveals that an encumbrance or real right constituted after registration of the mortgage that secures the claimant’s loan, or creditors of encumbrances or real rights who placed them after the claimant’s mortgage, or notations subsequent to the registration of said mortgage, or holders of segregations from the ownership, rights, conditions or others which, because of their rank must be declared extinguished when the loan is paid off, and who registered their rights after the foreclosure of the mortgage, the marshal shall be ordered in the same writ to notify each interested party or titleholder of the foreclosure procedure by means of the delivery of copies of the initial brief and of the summons so that they may attend the auction, if they please; or pay off the loan, the interest, the guaranteed court costs and attorney’s fees and then subrogate their rights to those of the foreclosing creditor before the auction is held.
When the court considers that these requirements have not been met, it shall refuse the payment order requested by a show cause decision which may be appealed in the Supreme Court within thirty days, in accordance with the rules of appeal.
History —Mortgage Law, 1979, § 210.