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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

Finding a Tittle at the Property Registry in Puerto Rico – Part 2

November 30, 2016 Leave a comment

Hello again!

On monday I posted a video for you on Finding a Tittle Part 1, and today  I have Part 2 for you!

I hope you are having a fantastic week and that this data can be of great use to you.

Remember to send me an e-mail if you have questions or if you have suggestions for future subjects.

Very truly yours,

Santiago F. Lampón

 

FINDING A TITTLE AT THE REGISTRY IN PUERTO RICO PART 2 (Transcript)

 

 

Hello my name is Santiago Lampón. I am a lawyer and a notary in Puerto Rico. And this is part two of an episode dealing with finding titles in Puerto Rico. On the first episode, you don’t need to watch the first episode to watch this one. That one I covered when you have a deed, a lot number or the name of the person who should be reported or registered as the owner.

This video I cover when you have none of the above. Now you suspect that someone owns a property in Puerto Rico, most likely a relative if you are doing this for inheritance purposes and you do have the social security number for that person. Well this is the backdoor way of maybe finding a title on the Puerto Rico law or on the Puerto Rico system for registration property. 


The property register property ownership but we also have the center for the collection for municipal taxes in Spanish known as CRIM. C-R-I-M. CRIM records also deal with properties but they are totally separate and independent from the records at the property registry. CRIM registers properties for purposes of invoicing and collecting property taxes. I believe that it should work in unison with a property registry but that is not the way it is right now. At the CRIM they have a property tax ID number or also known as the pin number. But they also keep records by social security number. So I f you have the social security number of the person you want to seek records for, and it is ok and authorized under the law that you seek those records, like the person passed away and you are an heir and you want to perform the inheritance process, you can search at the CRIM under the social security number and find any properties listed formerly or currently to that person’s name.

You can also find the information about the deed through which the person acquired it at the time, contact the notary and if authorized under the law to obtain a copy from the candidate and from that you can go to the property registry to find out how the property is currently is registered.

Again this is a back door method; it needs to be correctly done. It can only be done by persons authorized under the law to do it and when we perform this we are very adamant about what the documentation we need, that we are doing it for the right person but it is a backdoor way that most  of the time works. 


So again my name is Santiago Lampón. I am a lawyer and notary in Puerto Rico. If you have any questions you can email them to me or give me a call. I appreciate that you watched this video. Have a good day.

If you have any question please send me an email or give me a phone call.

E-MAIL – SLAMPON@LAMPONLAW.COM

PHONE NUMBER – (787) 273-6767

You can also post them (ANY COMMENTS) right here on this page.

Categories: The Property Registry

TRANSCRIPT OF PODCAST – Mortgage Cancellations in Puerto Rico

November 4, 2016 Leave a comment

A few days ago I posted an article making reference to my first podcast found here.  As a convenience to you, what follows is a full transcript of the podcast.

Very Truly Yours,

Santiago F. Lampón

***

THIS IS THE LITERAL TRANSCRIPT OF A PODCAST PUBLISHED BY LAWYER AND NOTARY SANTIAGO F. LAMPÓN DATED NOVEMBER 4, 2016.

 Hello and welcome to Puerto Rico Legal Blog Podcast.

My name is Santiago Lampón.  I am a real estate lawyer and notary in Puerto Rico; and I publish this podcast with the idea of providing to you some simple-understandable information, about performing, realizing or being a part of real estate transaction in Puerto Rico.

I want to cover some critical aspect about real estate transactions with regards to the removal of a lean or the clearing of a mortgage in Puerto Rico.

One aspect that is critical for anybody who is doing a transaction in Puerto Rico to understand, in the fact that nowadays in the United States, across United States a lot of digital sign or digital of signature of deeds, of notes, of transaction aren’t being done. Nowadays everything is electronical.  And in Puerto Rico we have authorization under the law to perform digital signature of document.

But there is one particular document you don’t want to do or get by with digital signature, and that would be the promissory note.

In Puerto Rico, to cancel a mortgage you need the original promissory note. You cannot do away with a simple copy or certified copy or digital copy of a promissory note in order to remove a mortgage from the (Property) registry.  You need the original promissory note.

Here is a note, or I better say, a warning to all those companies, entities, banks, investors who are dealing with notes, you want to make sure you safeguard the original, and when you are done–meaning your borrower paid the mortgage in full–you need to return this original to the borrower, and you should do it by certified mail return receipt request; or if you are going to use UPS of FedEx, make sure you keep record that it was in fact delivered.

On the side of the borrower, once you are done paying a mortgage–a note which is encumbered, which is protected or guaranteed by a mortgage in Puerto Rico, you want to make sure that you receive your note back, and once you get that note you need to take it to a notary in Puerto Rico for the notary to perform certain formal of actions which will resort in the cancellation or removal of the mortgage.

This is very important, so please take notice of it and if you have any questions let me know.

My name is Santiago Lampon, a real estate lawyer and notary in Puerto Rico.

My email SLampon@LamponLaw.com and the 787-273-676 phone number.

Have a great day!

 

Puerto Rico Inheritance Law – A new article

June 14, 2016 Leave a comment

Here is a link I publish in my Puerto Rico Legal Blog website on the subject of Puerto Rico Inheritance law.

PUERTO RICO INHERITANCE LAW ARTICLE

Yours,

Santiago F. Lampón

 

Puerto Rico Property Registry – Something New to Report

April 30, 2016 Leave a comment

Below is a link to an article I recently published at http://www.PuertoRicoLegalBlog.com site about a new development relevant to titles in Vieques.

Yours,

Santiago F. Lampón

A NEW SYSTEM FOR THE PUERTO RICO REGISTRY

Categories: The Property Registry

Understanding Real Estate Transactions in Puerto Rico

August 27, 2015 Leave a comment

DOMESTICATION OF JUDGMENT – A New term I learned today

A few days ago I posted about the importance the meaning of words play in understanding legal procedures, specifically real estate transactions in Puerto Rico. Today, I learned about the “Domestication of a Judgement” in New York and how it relates to Puerto Rico.  The lesson was brought about by lawyer Christopher Fanning in Queens, New York.  

Mr. Fanning has a judgment issued in Puerto Rico which needs to be issued in a way that is acceptable to NY authorities.  Of course, the judgment is in a format issued in accordance with Puerto Rico laws.  He had the task of having the Puerto Rico Judgement accepted in New York.

My first thought was that I was facing a situation new to me.  Nevertheless,  as I continue to speak with Mr. Fanning, we began exchanging definitions of the various legal terms used in our respective areas.  We then  came to realize that we both knew the solution to the problem.  We just had different terms to identify this solution which kept us from “seeing eye to eye.”

Once we realized the meaning of the terms associated with the situation, we were both in a position to solve the client’s problem and go about our business.

The meaning of legal terms and their application to real estate transactions is a key element of understanding how our system works, and it is a key element to finding a solution to a given real estate problem.

Moreover and most importantly, understanding the legal terms will bring about a great sense of comfort to the parties performing the closing.

Very truly yours,

Santiago F. Lampón

PD – published with Mr. Fanning’s consent.

Filing a Deed at the Puerto Rico Property Registry

September 2, 2014 Leave a comment

Finding a Title at the Puerto Rico Property Registry – Part 2

June 20, 2013 Leave a comment

This post is a sequel to Part 1 published by lawyer and notary Santiago F. Lampón. On this post, Mr. Lampón covers the search for a registered title when the parties lack the basic information which identifies the property.

Finding a Title at the Property Registry in Puerto Rico – Part 1

June 17, 2013 Leave a comment

As a matter of course, titles are commonly recorded at the Puerto Rico Property Registry. Through this video, lawyer and notary public Santiago F. Lampón presents an introduction of what to do when you need to find a title registered within the Puerto Rico Property Registry.

Land Subdivision in Puerto Rico – Episode 3 of 3

March 7, 2013 Leave a comment

I present the last episode of the series, in which I discuss the subdivision of the structures in connection to the issues of land improperly subdivided.  This video includes links to the previous videos, but you do not need to watch them in any given order.

Remember that comments, questions and ideas for future posts are welcome.

Yours,

Santiago F. Lampón

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