P.R. Laws tit. 30, § 2713

2019-02-20 00:00:00+00
§ 2713. Summary procedure—Demand for payment; form to follow; published edicts

The indicated demand for payment shall be delivered by any marshal of the Court of First Instance of Puerto Rico, as an executive official thereof, in the following manner:

(1) When all the mortgaged properties are in the hands of a single owner, according to the Registry certification, the demand for payment shall be addressed to him personally. The same shall be done with respect to each of the owners of the different mortgaged properties, when there are several.

(2) If the Registry certification reveals, or if the foreclosing creditor learns, that the owner is an individual subject to restrictions of his legal capacity or an artificial or legal person, the demand for payment shall be made as indicated in § 2704 of this title.

(3) When the ownership of any of the mortgaged real properties is divided because one person has the ownership or direct control and the other the usufruct or dominio utile, both shall be considered owners for the purpose of making the demand for payment.

(4) When the person to be summoned is outside Puerto Rico or, being in Puerto Rico, cannot be located after having taken the pertinent measures, or is in hiding in order not to be summoned, his whereabouts are unknown, or if he has died and the names and addresses of his heirs are unknown, or it is a foreign corporation without a manager, a business agent, a cashier or a secretary in Puerto Rico, and it should thus be proved to the satisfaction of the court by a sworn statement or in any another authentic or certifying manner, the court shall order that the demand for payment be published as an edict issued by the Clerk once a week for four consecutive weeks in a newspaper of general circulation which the court shall designate. In this case, the thirty days shall begin to be counted from the day following the date of the last publication of the edict, provided the other requirements made herein have been met.

It shall also, necessarily, be ordered that within the ten days following the first publication of the edict:

(a) A copy of the initial brief and another of the summons, which the Clerk of the Court must always issue, be sent to the debtor or to the third owner, if applicable, to his last known address, if there is one;

(b) the demand for payment shall also be addressed to the debtor’s empowered legal agent, or to the lessee, or the sharecropper or occupant who is in charge of the property by any legal concept, and

(c) that, if the encumbered property is abandoned, the mayor or the person exercising the main executive authority in the municipality in which said property is located be notified of the summons so that he may inform the debtor of it.

History —Mortgage Law, 1979, § 213.