P.R. Laws Ap. tit. 32A, § III, Rule 51.3

2019-02-20 00:00:00+00
Rule 51.3. Proceedings in cases of judgments for specific acts; foreclosure of mortgages and other liens

(a) If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the defaulting party by some other person appointed by the court and the act when so done shall have the same effect as if done by the party. Whenever necessary, on application of the party entitled to performance, and upon order of the court, the clerk shall issue a writ of attachment against the property of the defaulting party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. Likewise, the court, in lieu of directing a conveyance of the land, may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution upon application to the clerk. Whenever the court orders a judicial sale of personal or real property, said order shall have the force and effect of a writ directing the physical delivery of the possession, and it shall be so stated in the judgment or order so that the marshal or any other acting officer may proceed to put the purchaser in possession of the property sold within the period of twenty (20) days after the sale or public auction, without prejudice to the rights of third persons who have not participated in the proceeding.

(b) Judgments entered in actions for the foreclosure of mortgages and other liens shall order that plaintiff recover his debt, interests and costs through the sale of the encumbered property. To that end, an order shall be served upon the marshal directing him to sell the property in satisfaction of the judgment in the manner provided by law for the sale of property subject to execution; if the mortgaged property cannot be found, or if the proceeds of such sale are insufficient to satisfy the judgment, the marshal shall collect the rest of the amount, or the remaining unpaid balance, out of any other property of the defendant as in case of ordinary executions.