Emloyment Law (Puerto Rico)

January 16, 2017 Leave a comment

Good morning!

I hope you had a fantastic weekend. Here is another podcast, I am putting this out for you so you can have more information that can be useful for you in life and you Flourish and Prosper.

http://www.podbean.com/media/share/pb-vmxyd-6606d2

Truly yours,

Santiago Lampón

 

EMPLOYMET LAW (PUERTO RICO) TRANSCRIPT

Hello this is Santiago Lampon. I am a lawyer and a notary in Puerto Rico. Most of my business has to deal with real estate transactions, both residential and commercial. One thing that I want to share with you and remember you can go to puertoricolegalblog.com to reach my free articles and free videos. I have written over 150 articles, more than 35 videos on Puerto Rico law, they are all for free, available on puertoricolegalblog.com

One of the things that I have dealt with in my 25 years of practice, have done with businesses. One thing that comes to mind as the year-ends and the new-year begins in a few days, is the fact that a lot of businesses that are, I don’t wanto to say mom and pop, but they are actually small businesses, carried through in a very formal way. Half planted within it a seed of severe significance and potential problem looking forward at the time of performing a transaction. Even before and after that. But recently particularly in the 2016 year I have done a couple of transactions in which the subject of employment law has become a significant issue of the transaction.

With the new year comes new regulations for employers and in Puerto Rico in particular first we don’t have at will employment. You cannot terminate someone just because, just because. There is got to be just cause for the termination. The reasons for just cause are laid out in writing as a matter of law. There are hundreds of cases from the courts interpreting this particular law and the other laws related to it. It is actually a complex subject.

The informality in handling and managing employee relations is actually disastrous if it is not done correctly at the time of the transaction. So this is a new area that I am going to start communicating more often on. I have done employment law throughout my years, but what I am going to do is I am going to recur to a couple of the most well known and practiced layer and employment lawyers in Puerto Rico and ask them for their help in proving to you information on this subject. I am going to be either conducting interviews with them or having them write articles so I can share them with you, but I see that in dealing with this transaction the better you can establish what your employment law requirements are and then you establish the practices which helps you comply with those requirements at the time of selling your business or the time of acquiring a business you will be in a better position in many ways. I will be explaining more of that as we move along. Again my name is Santiago Lampon. I am a lawyer and notary in Puerto Rico. Visit Puertoricolegalblog.com for more free information or give me a call a 7872736767. Happy New Year. Hope you have a great day.

Categories: Uncategorized

Wondering

January 13, 2017 Leave a comment

Good morning to all of you!

We are back to give you more useful information in life for you and persons near you.

I hope you had amazing holidays.

I have been doing some podcasts on Podbean, and so I leave you the link if you prefer to hear it instead.

http://www.podbean.com/media/share/pb-7psxk-663b48

Truly yours,

Santiago Lampón

TRANSCRIPT – WONDERING 

Good morning. This is attorney and  notary Santiago Lampon. This is my first podcast for  2017. Its January the 4th. I spent a  few days already on the run, working and getting things done in the new year  and I have been thinking what should I post about in my very  first opportunity to communicate with you. As I was wondering about it I realized that I want to talk to you about wondering about things.

Yes the word is wondering. And I am gonna go head while I am communicating with you I am going to open my browser here and I am going to look for the definition of  wondering. – bear with me a moment. It  says it come from wonder, desire  or be curious  to know something . Then there is wondering. It says:  expressing admiration or amazement, -very interesting- marvelling. To think or speculate curiously. That would be from the definition , the verb  wonder. Interesting. There is another  definition used with object. It says to speculate  curiously or to be curious about  something.  Now I am going to stay with the one to think or speculate curiosly. Now that word speculate within the definition of wonder, to wonder, could probably best communicate what I want to talk to you about.

A lot of my clients are very successful, many or most of my clients, are very successful business owners in one way or another. Either in managing , renting real  estate properties, business associated with real estate  properties like  restaurants and alike or  it doesn’t matter what kind of  a business. The aspect is that the successfulness of it  depends in my opinion, in wondering less and less about it . To the extent someone is wondering what is going on, what is happening. To think or speculate curiously. The person is not actually confronting, the person is not actually putting his or  her attention on what is going on. If someone is wondering why there isn’t enough clients ,if somebody is wondering why employees are not happy, if somebody is wondering  about  why, even if you are wondering about why you have so many clients there has to be an area of the business that is not been taken a closer look at.

That is very particular about the legal aspects of operating a business. If the person is wondering  about  how could the law affect me, or how could it be that there is a problem in this area, the person lacks the knowledge about that area and it is a  very  direct and  specific formula.

The more you are wondering about  something you should take it as an indicator that it is the less you know about i that something and the solution is getting the  knowledge. You can get it  from a lawyer, you can get it from a marketing  consultant, you can get it from a book. It really doesn’t matter much as long as it is valid information, as long as it is information that you can actually understand and then use, and then when you use it you actually get a possitive result. I will give you an example. I recently started posting about  employee relations and employment law in Puerto Rico. Some people are like not even wondering what is going on with that . They just do their business normally. As long as  they get paid, as long as they are not complaining. That is not a good  standard. The good standard  would be: -Ok, what I don’t know about  employment law in Puerto Rico can hurt me-. It really can. How should  employee  records be  kept? What are my  obligations as to time records? When I hire someone, how do I secure that i can get a  90 day probation or probatory period so that if during those 90 days the person doesn’t work out, I can terminate the person without any concerns?

If you are wondering about this things then you lack some  information. You can probably go online, like for example you can go to  Puerto Rico legal blog, which is my website and you can search the articles and the videos that I have. But there is a wealth of information on the internet. Again, it is easy  to post something on the internet so it is very easy to find incorrect  information but that is another subject  and that is another subject to be covered  on another podcast or another article. But if you are wondering about something the solution is get the information about that  something. That way you can stay out of  trouble. Even if trouble comes down the road you can still handle it successfully.

Again my name is Santiago Lampon. I am a lawyer and a notary in Puerto Rico. My website is puertoricolegalblog.com. My  phone number 7872736767. Happy new year. A successful  2017 and there on . Have a great day.

Categories: Uncategorized

ADVERSE POSSESSION IN PUERTO RICO -A NOTE ABOUT ADVERSE

December 21, 2016 Leave a comment

Good morning! I hope you are having a fantastic week.

This video can clear up a bit more my last video on Adverse Possession. My purpose with this is to give you information that can be of use for you and people around you.

Have a great holiday with your loved ones!

Very truly yours,

Santiago Lampón

TRANSCRIPT ADVERSE POSSESSION IN PUERTO RICO – A NOTE ABOUT ADVERSE

Hello and welcome to Puerto Legal Blog. My name is Santiago Lampón and I am a lawyer and a notary in Puerto Rico. If you like this video or any of the other videos we post on this page you can subscribe for free, and when you do I am going to send you a special video available only to subscribers. Every now and then I will record all the video that I will make available to subscribers. Just as a benefit for subscribing to my page as a thank you note.  Now I have recorded a video just today in which I discussed what is title versus untitled property.  You can have it available, you can see here just by searching on this website. There is a search bar where you can search for different subjects. Just put the title and you will see, you know you will reach the article and you can see the video.

When recording the video it came to mind that the word adverse in the phrase or in the namesake of adverse possession and I am saying namesake because in Puerto Rico we have a different name that doesn’t translate into adverse position. Now I use adverse position because it is the common term used across English speaking communities, and since I am recording this in English I want to make sure it is understandable for you and anybody else that even though they are Spanish speaking public, they can understand that there is difference in language and why I am making this clarification.

The word adverse if we look at the dictionary it can have different meanings and one of the meanings could be like strong and different positions. Adverse means that you will defend your ownership rights over a property. That if anyone came on board to try to claim; ‘hey I am the owner of your property’. You will defend. You will be adverse to that claim of ownership. This is very important because the use of the word adverse represents action, represents something you do, not something you think. “Hmm I am the owner”. You must think and understand you are the owner, but it is something you do. It also means, and that is the purpose of the video, just a little tip that I’m going to give you right now, that you can do something which is contrary to your rights, to your possession, to your claims over that given property, because we are discussing real state here, but there is adverse possession as to assets, as to moveable assets. You can claim adverse possession for a car or for a pen and it is like at work, that is my pen that is your pen and then someone takes up and puts a label on that pen. That is being adverse. I want everyone to know that this is my pen. That is a good example. I want everyone to know that this is my land and this is my property and that is what adverse means as purpose on adverse possession.

I decided to make this video and comment on this, because I see some people and I am not necessarily talking about clients and I am divulging anything with regards to clients here, is things that I observe in the market place in Puerto Rico. ‘I am the owner of this piece of land, I wonder who do I have to talk to get title,’ and that is ok. We can talk to someone about getting titled but what does that mean. You are the owner, that is why I videoed on what is on untitled versus titled property, is actually named the other way around titled versus untitled property so that you have an understanding that title is something that you have officially recognized but as far as I am concerned it would be something that you recognize, something that you do with regards to something. I may be phoning in to semantics and details and whatever. But that is the practice of law. You have to be observable of details, you have to observe details, and you have to make decisions with regards to what you observe.

I wanted to share this with my subscribers and with the general public. Let me know if you have any questions. Just post the comment or send me an email. I hope you’ve enjoyed this information. My name is Santiago Lampón; I am a lawyer and a notary in Puerto Rico. I invite you to subscribe to my blog, remember you will get a free video if you do, and this has been a Puerto Rico Legal Blog presentation. Have a great day.

Categories: Uncategorized

“Possession” in Adverse Posession

December 19, 2016 Leave a comment

Good morning!

I hope you had fantastic weekend and you are enjoying this holidays with your family.

Here I leave you with another video that will give you a little bit more of information that you can use.

Please write to me if you have any doubts.

Continue to do great!!

Very truly yours,

Santiago Lampón

POSSESSION IN ADVERSE POSSESSION – TRANSCRIPT

Hello welcome to Puerto Rico Legal Video Blog. My name is Santiago Lampón and I am a lawyer and a notary in Puerto Rico.

In this video I cover the subject of Adverse Possession as to one particular item that was presented to me in a case that I am handling here in Puerto Rico.

It has to do with the word possession. It may seem obvious you know, Adverse Possession is the term used across English speaking countries. In Puerto Rico we have different language, only because it is Spanish but the words are kind of like complex so the translation into English is a little bit tricky so I just use Adverse Possession.

The word possession is very important. In this situation that was presented to me this week, not a client but someone else, said “- You know what I have been in possession of the property up to here, (meaning the property line) but you know, there was a drawing done many years ago that shows that the property line was actually here. So apparently my neighbor encroached.”  “Wait a minute do you have a title register at the property registration?”

“No I don’t. That’s why I am looking at adverse possession.”

“Have you been in possession of that slithered of land, that additional piece of land?”

” No but the property map shows…”

“ No, no sir wait, in this case it was a gentleman.

Adverse Possession requires possession. That you actually hold. Not that you are there every day, every month, every week, every year but that you hold the property as an owner and that you care and use the property as an owner. If not it is not possession.

So you know that there is a map that shows additional land or whatever… Yes I look at maps, I look at drawings, I look at surveys and I definitely study the history of possession, but whenever that neighbor built upon your land, that neighbor became in possession of the property and you stopped having possession of the property. That is the way it is. Ok?

So look at this aspect of possession as owners and there are other requirements and things to consider but I wanted to give you at least this little bit of information because that is the purpose of this blog to give you some information that makes it easier for you to understand Puerto Rico law. Again my name is Santiago Lampón, a lawyer and Notary in Puerto Rico and you have just watched a video at Puerto Rico legal video blog. Thank you for watching.

Categories: Uncategorized

Titled versus Untitled Property in Puerto Rico

December 14, 2016 Leave a comment

Good morning!

I hope you are having a great week. I am posting this video on titled versus untitled property to provide you more information about this and hoping it clears up questions you may have on this subject.

If you still have some question please do not hesitate to email me and I will get back to you.

Continue having a great day!

Very truly yours,

Santiago Lampón

TITLED VERSUS UNTITLED PROPERTY IN Puerto Rico

TRANSCRIPT

Hello and welcome to Puerto Rico Legal Blog. My name is Santiago Lampón; I am a lawyer and a notary in Puerto Rico. If you like this video or any of the other posts that have available on this site you can subscribe and when you do I will send you a special video regarding closes in Puerto Rico. And every now and then I have all the videos that I only share wit subscribers.

In this episode I am going to discuss what in Puerto Rico is normally called titled versus untitled property. There are some truths and there are some misconceptions regarding this wording, this way of describing what I am covering in this video. First let’s clarify some terms. By title it is referred to property that is registered at the Puerto Rico Property Registry. That is what in the marketplace is normally called Titled Property.

Untitled Property is referred to, property which is normally not recorded, not registered at the Property Registry. Now, there are two types of untitled property. And I am just generalizing for purposes of keeping it simple. One type of untitled property is a property that is not recorded, that is not registered, that it does not appear at all at the Property Registry. The other type of untitled property is a property that appears at the Property Registry, it is there but the track record of ownership in real life does not match at all. When I say does not match at all it is at all. You may have the property at the property registry under the name of Joe since 1947, 1963, 1930 but throughout the years in real life it has gone from Joe to Jim to Luis to Peter to whosoever. So that property in real life, is not registered as it is with that person’s name but there is an associated description of the piece of land at the registry that do not match. I call that life versus the registry.

Now, you take these two types of untitled, what is called untitled property, and that is where you have two options. Number one option is that whosoever appears at the property registry as owner, as a titleholder, even though in real life he or she is not the title owner, talks to you and enters into an agreement whereby a deed is executed and the property is transferred under your name. That is one way of fixing this up. The other way is through, it’s normally called in English, adverse possession process at court.  An adverse possession process, which is a subject of an article on the blog plus the video and other videos that I am going to be creating on this, is a process whereby you plead to the court through a complaint and after complying with a specific detail requirements under Puerto Rico law that you are the owner of the property and the judge after complying with due process and their certain notifications that have to be done to the government of Puerto Rico, to other agencies (it is a very thorough process); the judge can say you know what, yes you are the owner of the property. And that is how you take a property from untitled to titled.

Now this is a general description of what title versus untitled means using the words in the general marketplace. There is a possibility and that is where adverse possession you know creeps in, you know comes in. If you comply with the requirements of adverse possession and all these requirements have been met without going to court, under Puerto Rico law you could be considered to be the owner of the property but your title is not registered at the property registry and that is what an adverse possession case, you know handles, or that you sit down with the person who appears at the registry as owner and you enter into a deed evidencing that you are the owner in life.  The registry in Puerto Rico is meant to meet life but I can tell you, all over the island of Puerto Rico that’s not always true.

I hope you have enjoyed this video and that is has been useful to you. If you have any questions you can post them on this site or you can send me an email. Again my name is Santiago Lampón. I am a lawyer and a notary in Puerto Rico and remember if you subscribe to my blog I will send you specific videos available only to subscribers. Have a great day.

Categories: The Property Registry

Owner’s Finance and Mortgages in Puerto Rico

December 12, 2016 Leave a comment

Good morning! I am posting this week’s video. I hope you find this information useful for you and those around you.

Feel free to email me or contact me for any questions on the subject!

Have a fantastic week!

Truly yours,

Santiago Lampón

TRANSCRIPT

 

Hello my name is Santiago Lampón. I am a lawyer and a notary in Puerto Rico and welcome to Puerto Rico Legal Blog. If you like this video or any of the other videos or articles that I post on this blog you may subscribe for free on this page. Today I am going to cover mortgages and specifically the cancellation of mortgages in Puerto Rico.

This is one issue that I have been faced with currently in my practice as more real estate transactions pick up here in Puerto Rico, more mortgages are involved and there are two things particularly that I found are problematic as the client moves along and pays the note every month or every six months, whatever the terms are. One is for the lender who is usually the seller and number two, for the buyer who is usually the borrower.

First the seller; if you do a property sale that involves a mortgage and you are the note holder you have to make sure that you safeguard that note for the length of the mortgage. As long as it takes the borrower to pay you have to hold the note for two main reasons. Number one, you are the borrower, you need the note to execute the mortgage. You cannot do the execution of the mortgage without the note. Number two; once that borrower pays the note you have to deliver the note back to the borrower, you have to. If you don’t you have to follow the a special process in Puerto Rico that will require you to hire a lawyer, go to court, do a hearing and do a whole bunch of steps that is going to make it more expensive to you as a lender, but it also makes it difficult for the borrower to actually do a follow up transaction or a second transaction or sell the property in the future. As a borrower you have to make sure that your lender has this instructions, so it is important that at closing, the notary doing the transaction, doing the mortgage, gives a notice to the seller and the lender about this particularity and that you as borrower understand that once you have paid your mortgage you have to get the note from the lender. You have to get the note back to you. And here is a very important thing, you have to take this note to a notary in Puerto Rico and have the notary cancel the note and that cancellation, which is done through a deed, has to be filed at the property registry.

So it is very important that both lender and borrower are in understanding and work in agreement with what has to happen with that note during the course of the mortgage and once the mortgage is paid.

If you have any questions about this just post a note here on the blog or send me an email. Again I am lawyer Santiago Lampón. I am a lawyer and a notary here in Puerto Rico and you have watched a video here in Puerto Rico Legal Video Blog. If you like this video and you want to be advised or notified of further videos or further postings that I do just subscribe for free on this page. Thank you.

Categories: Finance & Mortgages

How to Find a Property Tax ID Number

December 7, 2016 Leave a comment

Hello! I hope you are having a great week!

This is a video on how to find a property tax ID number. I will take you step by step so you can do it from your home.

Please let me know if you have any questions to my email. slampon@lamponlaw.com

Enjoy!

Very truly yours,

Santiago Lampón

TRANSCRIPT

HOW TO FIND A PROPERTY TAX ID NUMBER 

Hello my name is Santiago Lampón and I am a lawyer and a notary in Puerto Rico and welcome to Puerto Rico Legal Blog. In this episode I am actually going to teach you how to do something. I am going to teach you how to find what is your property tax ID number or the id number for your property in Puerto Rico. Now Collection handling management of property taxes in Puerto Rico is done by the CRIM. In English it is the Centre for Recollection of Municipal taxes. The CRIM has a property number based on certain information that identifies each property individually. Most of the time people are not aware of what the property tax ID number or if you are watching this video, you actually need to find it.

So I am going to teach you how to find it from the comfort of your home, using a computer connected to the Internet. So I am going to show you right now and I we are going to do a random find. The information we are going to see is actually public. So we are not going to cover anyone’s particular in particular. You can go to your Google or yahoo or bing search and the word in Spanish is, not available in English, GEOLOCALIZADOR. In Spanish is GEOLOCALIZADOR.

The first item that you are going to see, notice that I didn’t have to put Puerto Rico in it, so far is unique. It is going to take you to the planning board. Here is the name. GEOLOCALIZADOR and it is going to show you the whole map of Puerto Rico. There are three ways in which you can find properties here. I am going to show you two of them because the third one is if you actually had the number. First of all you come to this eyeglass here and you are going to say catastro, which is the Spanish word for pin number and this is just a convenient translation and then here is zip code. So I am going to put in the zip code for my hometown, which is 00976 and it is automatically going to show you to Trujillo Alto, again my home town. So this is the whole area of Trujillo Alto and over here to the left you will find zoom. You zoom in and you will see the map becoming more defined and keep on zooming. Now, you have to have an idea of the roads and perhaps other builders near your area. Again I am just doing a random search here.  Here is an area called La Pradera. And let’s say this big property right here is my property and I just click on it and it is going to process and it is going to identify the parcel and it is going to give me the basic information on the parcel.

What basic information? The pin number; the location of the property using coordinates; the size of the property that is registered in the CRIM. The number here is 14500231604. Whosoever owns this property has a pin number. What would that mean? That if I did the reverse and use the pin number icon and I type in the number, which is 145-002-316-04 it automatically is going to search and show me that property. So by having the zip code and physically locating the property you can find what the pin number is, you can find out how many square meters are registered for that property. You also have coordinates which, by the way those coordinates are important for purposes of conducting the survey and you will notice that no other information is being shown, your name, your address or any other personal information is not shown online. And this is how you find a property using a computer connected to the Internet and know the pin number for property tax purpose.

And remember this is a different number than the number that may be related to your title at the property registry.

If you have any questions about this or any other subject you can send me an email or you can post you question on this page.  Again my name is Santiago Lampón, a lawyer and a notary in Puerto Rico in this episode. Have a good day.

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