on the following: “the Commonwealth’s expenditures, together with its notice of intent to record a lien and its tenacious pursuit of that lien through administrative channels.” Id. With this backdrop, we turn to examine the nature of Banco Popular’s pre-petition interest under the mortgage deeds which it had presented for recording, as informed by Puerto Rico law. 3. Pre-petition “Interest in Property ” Informed by Puerto Rico Law In general, a mortgage comprises a conveyance or retention of an interest in real property executed for the benefit of the mortgagee to secure payment of a debt. See generally Restatement (Third) of Property: Mortgages § 1.1 (1997); 54A Am.Jur. 2d Mortgages §§ 1, 138 (2009); see also Liechty v. Descartes Saurí, 9 P.R. Offic. Trans. 660, 109 D.P.R. 496 (1980) (<HOLDING>). Some jurisdictions subscribe to the so-called
holding that mortgage encompasses a property right holding that a mortgage or modification of a mortgage is not a good or a service under the dtpa holding that the note and the mortgage must coexist to give the mortgage validity holding that foreclosure of prior mortgage extinguished second mortgage holding that a mortgagee could enforce mortgage covenants requiring the mortgagors to keep the property free of encumbrances even after it foreclosed by advertisement and purchased the property for the full amount of the mortgage debt because the mortgage covenants concerned title to the mortgaged property rather than repayment of the debt