García Aponte v. Registrar of Property of San Juan
García Aponte v. Registrar of Property of San Juan
Opinion of the Court
delivered tbe opinion of tbe court.
This was a case where the registrar of property refused to accede to a certain petition of appellants. Tbe registrar was of tbe opinion that any corrections of bis records that could be made would need tbe action of tbe district court. Accordingly tbe appellants filed a suit against tbe registrar of property. Tbe District Court of San Juan was of the opinion that tbe only remedy of tbe appellants was an administrative appeal to this court and cited the case of Meléndez
In this case the appellants were the owners of a second mortgage credit on a piece of property and of a first mortgage credit on a house built thereon, if the facts of the complaint are to be taken as true. The debtor fell under the jurisdiction of the Federal Court by reason of his bankruptcy. The referee in bankruptcy ordered the sale of the mortgaged premises free of all liens and the property was thus sold. It was only then, according to the complaint, that the plaintiffs were notified of the proposed confirmation of the sale. They complain that they had no notice of the original proceedings for the sale of the property. The sale was confirmed and the referee ordered the cancellation of the mortgages referred to in this case, which order was duly recorded. Then, the appellants asked the registrar to reinstate on the registry books their mortgage credits.
We are of the opinion that the facts should be investigated by the district court and, unless other adequate defenses are presented, the parties should be given an opportunity to have the records corrected.
The judgment appealed from will be reversed and the case remanded for further proceedings not inconsistent herewith.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.