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CHAPTER SECOND HYPOTHECARY RECOURSE AGAINST IMMOVABLES OF WHICH THE OWNERS ARE UNKNOWN OR UNCERTAIN

Revised Laws of Saint Lucia (2021)

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CHAPTER SECOND
HYPOTHECARY RECOURSE AGAINST IMMOVABLES OF WHICH THE OWNERS ARE UNKNOWN OR UNCERTAIN

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    736.   When the owner of an hypothecated immovable is unknown or uncertain, the creditor to whom the capital or 2 years of the interest, or 2 years of arrears of any constituted or other rent, secured by such hypothec is due, may present a petition to the Supreme Court, praying for the sale of such immovable.

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    737.   Such petition must contain:

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      1.     all allegations necessary to establish the debt and the hypothec;

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      2.     a description of the immovable;

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      3.     the name of the occupier, if the immovable is occupied, and if it is not, the name of the last known occupier, the period for which it has remained unoccupied, the names of all the known owners since the hypothec was created, and a declaration that the petitioner has in good faith made due search and used due diligence to discover the owner;

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      4.     conclusions praying that public notice is given to the actual owner to appear and answer the petition, and that in default of his or her doing so the immovable be brought to sale.

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    738.   The petition must be accompanied with an affidavit of the petitioner or of a competent person attesting the truth of the facts therein alleged.

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    739.   The Court, upon this petition, orders such proof as it deems necessary; and if the proof offered is sufficient, it orders the publication of a notice in accordance with form number 19 in the Appendix to this Code.

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    740.   The notice must be inserted once a week during 4 consecutive weeks in the Gazette, and during such time must be posted in the Sheriff's office.

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    741.   If, within the delay of 2 months from the last insertion in the Gazette, no person appears as hereinafter provided, the petitioner proceeds as in any other suit in which the defendant fails to appear; and upon proof that the required formalities have been observed, the Court declares the immovable hypothecated, and orders that it be sold for the payment of the petitioner's claim.

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    742.   Service of this judgment is not necessary.

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    743.   Upon the judgment thus rendered, a writ issues, after the expiration of 15 days, commanding the Sheriff to seize and sell the immovable hypothecated, observing the formalities required for ordinary seizures and sales of immovables, except that minutes of seizure are not required.

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    744.   Any proprietor, or any holder entitled to exercise rights of ownership, may, at any time before the rendering of the judgment ordering the sale, enter an appearance, specifying his or her title and the extent of his or her right of property, and at the expiration of a delay of 2 months, the petitioner is then bound to file in the Registrar's office a demand against the party appearing, for the recognition of the hypothec, and to serve it upon such party; and the same proceedings are had upon such demand as upon ordinary suits for the recognition of hypothecs.

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    745.   If several persons appear, claiming to be owners, each one in opposition to the others, the petitioner cannot be prevented from proceeding by such opposite claimants, unless his or her application is contested by one of them, who must previously established an ostensible right of property, or unless one of them pays the amount of his or her claim and costs.

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    746.   In the case of there being opposite claimants to the property, without any contestation of the petition, the Court may, reserving its decision upon the opposite claims, grant the prayer of the petitioner, saving to the parties appearing, and to those who have not appeared, their claims upon the balance of the monies levied, the distribution of which is made in the ordinary course.

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    747.   If one or more known owners are in possession, jointly with others who are unknown or uncertain, the creditor may, in the ordinary manner, sue the known owners, as possessing jointly with others unknown, and proceed in the same suit, in the manner hereinabove provided, against those who are unknown or uncertain, modifying the notice which is to be published, so as to meet the circumstances.

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