Supreme Court of Puerto Rico

Banco Popular de Puerto Rico v. Zorrilla Posada y otro

June 17, 20242024 TSPR 62

Summary

The court held that summary judgment was improper because a material factual dispute remained regarding whether the mortgage encumbered 252 or 600 square meters of the property. It further held that the Registrar's unilateral clarifying notation could not amend the mortgage's stated area without the consent of affected registered holders or a judicial order. The judgment was reversed and the case remanded for a trial on the merits.