P.R. Laws tit. 17, § 94b

2019-02-20 00:00:00+00
§ 94b. Resolution of sales contract—Initiation of procedures; jurisdiction

The Department of Housing, its agencies or attached corporations, hereinafter the “Department”, or the Urban Renewal and Housing Corporation’s Accounts Liquidation Office, hereinafter, the “Office,” shall file a special procedure for cancellation of the contract or a petition for the conveyance of title before the Court of First Instance Part of the territory in which the property is located, stating the essential fact that the dwelling subject to this special procedure is vacant and abandoned, together with sufficient evidence to establish that the titleholder is delinquent in the payment of the mortgage loan granted to him. The writ shall be accompanied by a copy of the notice sent to the titleholder and the creditors with a known interest, by registered mail with acknowledgementy of receipt, whereby their presence will be required before the Department or the Office within fifteen (15) days following its receipt. In said notice, which is a prior requirement for the filing of the special procedure, it shall state that the titleholder or any creditor with a known interest shall show cause whereby the contract and mortgage should not be cancelled, and he shall be admonished that if he does not appear within the abovestatedy period, or having appeared, refuses to, or shows a lack of interest in meeting the conditions stipulated in the purchase contract and mortgage, or the mortgage alone, the Department or the Office may file the procedure established by §§ 94a et seq. of this title before the Court of First Instance. The creditors with known interest, in their appearance before the Department or the Office, may opt to pay the debt in full and become preferred creditors. They shall have the same option in the hearing before the court provided in § 94c of this title.

The writ before the court shall state whatever pertains to the purchase contract, the mortgage contract and the note, and shall include a certificate of the amount of the monthly payments that are due and unpaid.

History —June 12, 1980, No. 118, p. 431, § 2; Aug. 9, 1991, No. 53, § 3.