It shall be understood that persons recording their rights after a notation is made have been notified of the existence of the lawsuit for all legal purposes, and have consented to the cancellation of their entries in the event a property is sold judicially, although their titles are dated prior to the notation.
Should the judgment handed down grant recovery or admit the existence of a real right, action shall be taken in accordance with the provisions in this section, cancelling the contradictory entries made after the notation, or recording the declared rights, as the case may be.
In cases of mortgage foreclosures, those who have recorded or noted their rights after the mortgage and prior to the notation of a lawsuit, must be notified of the auction in accordance with the procedural law in force in the defendant’s case, without which the court cannot order the cancellation of these entries.
The defendant titleholder, who has appeared at the trial, as well as the third owner who has proceeded according to § 2414 of this title, must be summoned for the auction through his lawyers.
The cancellation of subsequent entries to those referred to in this section shall be made free of charge, and, in every case, must be ordered by the court by a mandamus in which each entry to be cancelled is indicated.
History —Mortgage Law, 1979, § 149; June 14, 1980, No. 143, p. 535.