reglab/housing_qa huggingface dataset:
LA Civ Code art. 3279 (2021)
2021 Louisiana Laws|Civil Code|Art. 3279. Rights created by mortgage

Mortgage gives the mortgagee, upon failure of the obligor to perform the obligation that the mortgage secures, the right to cause the property to be seized and sold in the manner provided by law and to have the proceeds applied toward the satisfaction of the obligation in preference to claims of others. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3280 (2021)
2021 Louisiana Laws|Civil Code|Art. 3280. Mortgage is an indivisible real right

Mortgage is an indivisible real right that burdens the entirety of the mortgaged property and that follows the property into whatever hands the property may pass. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3281 (2021)
2021 Louisiana Laws|Civil Code|Art. 3281. Mortgage established only in authorized cases

Mortgage may be established only as authorized by legislation. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3282 (2021)
2021 Louisiana Laws|Civil Code|Art. 3282. Accessory nature

Mortgage is accessory to the obligation that it secures. Consequently, except as provided by law, the mortgagee may enforce the mortgage only to the extent that he may enforce any obligation it secures. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3283 (2021)
2021 Louisiana Laws|Civil Code|Art. 3283. Kinds of mortgages

Mortgage is conventional, legal, or judicial, and with respect to the manner in which it burdens property, it is general or special. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3284 (2021)
2021 Louisiana Laws|Civil Code|Art. 3284. Conventional, legal, and judicial mortgages

A conventional mortgage is established by contract. A legal mortgage is established by operation of law. A judicial mortgage is established by law to secure a judgment. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3285 (2021)
2021 Louisiana Laws|Civil Code|Art. 3285. General and special mortgages distinguished

A general mortgage burdens all present and future property of the mortgagor. A special mortgage burdens only certain specified property of the mortgagor. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3286 (2021)
2021 Louisiana Laws|Civil Code|Art. 3286. Property susceptible of mortgage

The only things susceptible of mortgage are:  (1) A corporeal immovable with its component parts. (2) A usufruct of a corporeal immovable. (3) A servitude of right of use with the rights that the holder of the servitude may have in the buildings and other constructions on the land. (4) The lessee's rights in a lease of an immovable with his rights in the buildings and other constructions on the immovable. (5) Property made susceptible of conventional mortgage by special law. Acts 1991, No. 652, §1, eff. Jan. 1, 1992; Acts 1992, No. 649, §1, eff. July 1, 1993; Acts 1993, No. 948, §6, eff. June 25, 1993.
LA Civ Code art. 3287 (2021)
2021 Louisiana Laws|Civil Code|Art. 3287. Conventional mortgage

A conventional mortgage may be established only by written contract. No special words are necessary to establish a conventional mortgage. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3288 (2021)
2021 Louisiana Laws|Civil Code|Art. 3288. Requirements of contract of mortgage

A contract of mortgage must state precisely the nature and situation of each of the immovables or other property over which it is granted; state the amount of the obligation, or the maximum amount of the obligations that may be outstanding at any time and from time to time that the mortgage secures; and be signed by the mortgagor. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3289 (2021)
2021 Louisiana Laws|Civil Code|Art. 3289. Acceptance

A contract of mortgage need not be signed by the mortgagee, whose consent is presumed and whose acceptance may be tacit. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3290 (2021)
2021 Louisiana Laws|Civil Code|Art. 3290. Power to mortgage

A conventional mortgage may be established only by a person having the power to alienate the property mortgaged. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3291 (2021)
2021 Louisiana Laws|Civil Code|Art. 3291. Presumption that things are subject to conventional mortgage

A conventional mortgage of a corporeal immovable, servitude of right of use, or lease, as the case may be, includes the things made susceptible of mortgage with them by Article 3286, unless the parties expressly agree to the contrary. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3292 (2021)
2021 Louisiana Laws|Civil Code|Art. 3292. Mortgage of future property permitted in certain cases

A special mortgage given over property the mortgagor does not own is established when the property is acquired by the mortgagor. A general conventional mortgage is permitted only when expressly provided by law.  Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3293 (2021)
2021 Louisiana Laws|Civil Code|Art. 3293. Obligations for which mortgage may be established

A conventional mortgage may be established to secure performance of any lawful obligation, even one for the performance of an act. The obligation may have a term and be subject to a condition. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3294 (2021)
2021 Louisiana Laws|Civil Code|Art. 3294. Mortgage securing obligation that is not for the payment of money

A mortgage that secures an obligation other than one for the payment of money secures the claim of the mortgagee for the damages he may suffer from a breach of the obligation, up to the amount stated in the mortgage. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3295 (2021)
2021 Louisiana Laws|Civil Code|Art. 3295. Mortgage securing another's obligation

A person may establish a mortgage over his property to secure the obligations of another. In such a case, the mortgagor may assert against the mortgagee any defense to the obligation which the mortgage secures that the obligor could assert except lack of capacity or discharge in bankruptcy of the obligor. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3296 (2021)
2021 Louisiana Laws|Civil Code|Art. 3296. Right of mortgagor to raise defenses

Neither the mortgagor nor a third person may claim that the mortgage is extinguished or is unenforceable because the obligation the mortgage secures is extinguished or is unenforceable unless the obligor may assert against the mortgagee the extinction or unenforceability of the obligation that the mortgage secures. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3297 (2021)
2021 Louisiana Laws|Civil Code|Art. 3297. Restrictions upon recourse of mortgagee

The mortgagee's recourse for the satisfaction of an obligation secured by a mortgage may be limited in whole or in part to the property over which the mortgage is established. Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
LA Civ Code art. 3298 (2021)
2021 Louisiana Laws|Civil Code|Art. 3298. Mortgage may secure future obligations

A. A mortgage may secure obligations that may arise in the future. B. As to all obligations, present and future, secured by the mortgage, notwithstanding the nature of such obligations or the date they arise, the mortgage has effect between the parties from the time the mortgage is established and as to third persons from the time the contract of mortgage is filed for registry. C. A promissory note or other evidence of indebtedness secured by a mortgage need not be paraphed for identification with the mortgage and need not recite that it is secured by the mortgage. D. The mortgage may be terminated by the mortgagor or his successor upon reasonable notice to the mortgagee when an obligation does not exist and neither the mortgagor nor the mortgagee is bound to the other or to a third person to permit an obligation secured by the mortgage to be incurred. Parties may contract with reference to what constitutes reasonable notice. E. The mortgage continues until it is terminated by the mortgagor or his successor in the manner provided in Paragraph D of this Article, or until the mortgage is extinguished in some other lawful manner. The effect of recordation of the mortgage ceases in accordance with the provisions of Articles 3357 and 3358. Acts 1992, No. 779, §1; Acts 1995, No. 1087, §1; Acts 2010, No. 385, §1.
LA Civ Code art. 3299 (2021)
2021 Louisiana Laws|Civil Code|Art. 3299. Judicial and legal mortgages

A judicial mortgage secures a judgment for the payment of money. A legal mortgage secures an obligation specified by the law that provides for the mortgage. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
LA Civ Code art. 3300 (2021)
2021 Louisiana Laws|Civil Code|Art. 3300. Creation of judicial mortgage

A judicial mortgage is created by filing a judgment with the recorder of mortgages. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
LA Civ Code art. 3301 (2021)
2021 Louisiana Laws|Civil Code|Art. 3301. Creation of legal mortgage

A legal mortgage is created by complying with the law providing for it. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
LA Civ Code art. 3302 (2021)
2021 Louisiana Laws|Civil Code|Art. 3302. Property burdened by judicial and legal mortgages

Judicial and legal mortgages burden all the property of the obligor that is made susceptible of mortgage by Paragraphs 1 through 4 of Article 3286 or that is expressly made subject to judicial or legal mortgage by other law. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
LA Civ Code art. 3303 (2021)
2021 Louisiana Laws|Civil Code|Art. 3303. Nature of judicial and legal mortgages

Judicial and legal mortgages are general mortgages. They are established over property that the obligor owns when the mortgage is created and over future property of the obligor when he acquires it. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
LA Civ Code art. 3304 (2021)
2021 Louisiana Laws|Civil Code|Art. 3304. Judgment; suspensive appeal

A judicial mortgage is not affected or suspended by a suspensive appeal or stay of execution of the judgment. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
LA Civ Code art. 3305 (2021)
2021 Louisiana Laws|Civil Code|Art. 3305. Judgments of other jurisdictions

The filing of an authenticated copy of a judgment of a court of a jurisdiction foreign to this state, such as the United States, another state, or another country, creates a judicial mortgage only when so provided by special legislation, or when accompanied by a certified copy of a judgment or order of a Louisiana court recognizing it and ordering it executed according to law. In all other cases the judgment of a court of a jurisdiction foreign to this state creates a judicial mortgage only when a Louisiana court has rendered a judgment making the foreign judgment the judgment of the Louisiana court, and the Louisiana judgment has been filed in the same manner as other judgments. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
LA Civ Code art. 3306 (2021)
2021 Louisiana Laws|Civil Code|Art. 3306. Judgment against person deceased

A judicial mortgage burdens the property of the judgment debtor only and does not burden other property of his heirs or legatees who have accepted his succession. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
LA Civ Code art. 3307 (2021)
2021 Louisiana Laws|Civil Code|Art. 3307. The effect and rank of mortgages

A mortgage has the following effects:  (1) Upon failure of the obligor to perform the obligation secured by the mortgage, the mortgagee may cause the mortgaged property to be seized and sold in the manner provided by law and have the proceeds applied toward the satisfaction of the obligation. (2) The mortgaged property may not be transferred or encumbered to the prejudice of the mortgage. (3) The mortgagee is preferred to the unsecured creditors of the mortgagor and to others whose rights become effective after the mortgage becomes effective as to them. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
LA Civ Code art. 3311 (2021)
2021 Louisiana Laws|Civil Code|Art. 3311. Mortgage securing several obligations

In the absence of contrary agreement, the proceeds realized from enforcement of the mortgage shall be apportioned among several obligations secured by the mortgage in proportion to the amount owed on each at the time of enforcement. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993. {{NOTE: FORMER ART. 3311 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.
LA Civ Code art. 3312 (2021)
2021 Louisiana Laws|Civil Code|Art. 3312. Transfer of the secured obligation

A transfer of an obligation secured by a mortgage includes the transfer of the mortgage. In such a case, the transferor warrants the existence, validity and enforceability of the mortgage only to the extent that he warrants the existence, validity, or enforceability of the obligation. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993. {{NOTE: FORMER ART. 3312 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.}}
LA Civ Code art. 3313 (2021)
2021 Louisiana Laws|Civil Code|Art. 3313. Transfer does not imply subordination

A transferor of part of an obligation secured by a mortgage does not subordinate his rights to those of the transferee with respect to the portion of the mortgaged obligation he retains. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993. {{NOTE: FORMER ART. 3313 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.}}
LA Civ Code art. 3315 (2021)
2021 Louisiana Laws|Civil Code|Art. 3315. Third possessor defined

A third possessor is one who acquires mortgaged property and who is not personally bound for the obligation the mortgage secures. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993. {{NOTE: FORMER ART. 3315 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.}}
LA Civ Code art. 3316 (2021)
2021 Louisiana Laws|Civil Code|Art. 3316. Liability of third possessor

The deteriorations, which proceed from the deed or neglect of the third possessor to the prejudice of the creditors who have a privilege or a mortgage, give rise against the former to an action of indemnification. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
LA Civ Code art. 3317 (2021)
2021 Louisiana Laws|Civil Code|Art. 3317. Rights of third possessor

A third possessor who performs the obligation secured by the mortgage is subrogated to the rights of the obligee. In such a case, the mortgage is not extinguished by confusion as to other mortgages, privileges, or charges burdening the mortgaged property when the third possessor acquired the mortgaged property and for which he is not personally bound.  Acts 1992, No. 1132, §2, eff. Jan. 1, 1993. {{NOTE: FORMER ART. 3317 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.}}
LA Civ Code art. 3318 (2021)
2021 Louisiana Laws|Civil Code|Art. 3318. Right of third possessor for costs of improvements

A third possessor may recover the cost of any improvements he has made to the property to the extent the improvements have enhanced the value of the property, out of the proceeds realized from enforcement of the mortgage, after the mortgagee has received the unenhanced value of the property. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993. {{NOTE: FORMER ART. 3318 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.}}
LA Civ Code art. 3319 (2021)
2021 Louisiana Laws|Civil Code|Art. 3319. Methods of extinction

A mortgage is extinguished:  (1) By the extinction or destruction of the thing mortgaged. (2) By confusion as a result of the obligee's acquiring ownership of the thing mortgaged. (3) By prescription of all the obligations that the mortgage secures.  (4) By discharge through execution or other judicial proceeding in accordance with the law. (5) By consent of the mortgagee. (6) By termination of the mortgage in the manner provided by Paragraph D of Article 3298. (7) When all the obligations, present and future, for which the mortgage is established have been incurred and extinguished. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993; Acts 1995, No. 1087, §1.
LA Civ Code art. 3320 (2021)
2021 Louisiana Laws|Civil Code|Art. 3320. Recordation; limits of effectiveness

A, B. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006. C. Recordation has only the effect given it by legislation. It is not evidence of the validity of the obligation that the encumbrance secures. It does not give the creditor greater rights against third persons than he has against the person whose property is encumbered. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993; Acts 2005, No. 169, §8, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
LA Civ Code art. 3325 (2021)
2021 Louisiana Laws|Civil Code|Art. 3325. Paraph of notes or written obligations secured by a mortgage, privilege, or other encumbrance

A. Except as provided in Paragraph B of this Article, a note or other written obligation which is secured by an act of mortgage, or an act evidencing a privilege or other encumbrance, need not be paraphed for identification with such mortgage, privilege, or other encumbrance, and need not recite that it is secured by such mortgage, privilege, or other encumbrance. B. A notary before whom is passed an act of mortgage, or an act evidencing a privilege or other encumbrance that secures a note or other written obligation, shall paraph the obligation for identification with his act if the obligation is presented to him for that purpose. The paraph shall state the date of the act and shall be signed by the notary. The notary shall also mention in his act that he has paraphed the obligation. Failure to do so shall render the paraph ineffective. The paraph is prima facie evidence that the paraphed obligation is the one described in the act. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993; Acts 1995, No. 1087, §1.
LA Civ Code art. 3326 (2021)
2021 Louisiana Laws|Civil Code|Art. 3326. Effect of mortgage filed after death of mortgagor

A judgment or a conventional mortgage filed for recordation more than twenty days after the mortgagor dies gives no preference to the mortgagee over the other creditors of the estate of the deceased if the estate is insufficient to satisfy all the creditors. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993. {{NOTE: FORMER ART. 3326 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.}}
LA Civ Code art. 3337 (2021)
2021 Louisiana Laws|Civil Code|Art. 3337. Cancellation of mortgages and privileges from the records

The recorder shall cancel a mortgage or privilege from his records in the manner prescribed by law. Acts 1992, No. 1132, §2, eff. Jan. 1, 1993; Acts 2005, No. 169, §2, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
LA Civ Code art. 3338 (2021)
2021 Louisiana Laws|Civil Code|Art. 3338. Instruments creating real rights in immovables; recordation required to affect third persons

The rights and obligations established or created by the following written instruments are without effect as to a third person unless the instrument is registered by recording it in the appropriate mortgage or conveyance records pursuant to the provisions of this Title: (1) An instrument that transfers an immovable or establishes a real right in or over an immovable. (2) The lease of an immovable. (3) An option or right of first refusal, or a contract to buy, sell, or lease an immovable or to establish a real right in or over an immovable. (4) An instrument that modifies, terminates, or transfers the rights created or evidenced by the instruments described in Subparagraphs (1) through (3) of this Article. Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005. NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
LA Civ Code art. 3339 (2021)
2021 Louisiana Laws|Civil Code|Art. 3339. Matters not of record

A matter of capacity or authority, the occurrence of a suspensive or a resolutory condition, the exercise of an option or right of first refusal, a tacit acceptance, a termination of rights that depends upon the occurrence of a condition, and a similar matter pertaining to rights and obligations evidenced by a recorded instrument are effective as to a third person although not evidenced of record. Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005. NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
LA Civ Code art. 3340 (2021)
2021 Louisiana Laws|Civil Code|Art. 3340. Effect of recording other documents

If the law or a recorded instrument expressly makes the recordation of an act or instrument a condition to the creation, extinction, or modification of rights or obligations, such act or instrument is not effective as to a third person until it is recorded. The recordation of a document, other than an instrument described in Article 3338, that is required by law to be registered, filed, or otherwise recorded with the clerk of court or recorder of conveyances or of mortgages or in the conveyance or mortgage records shall have only the effect provided for by such law. Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005. NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
LA Civ Code art. 3341 (2021)
2021 Louisiana Laws|Civil Code|Art. 3341. Limits on the effect of recordation

The recordation of an instrument: (1) Does not create a presumption that the instrument is valid or genuine. (2) Does not create a presumption as to the capacity or status of the parties. (3) Has no effect unless the law expressly provides for its recordation. (4) Is effective only with respect to immovables located in the parish where the instrument is recorded. Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005. NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
LA Civ Code art. 3342 (2021)
2021 Louisiana Laws|Civil Code|Art. 3342. Parties to an instrument are precluded from raising certain matters

A party to a recorded instrument may not contradict the terms of the instrument or statements of fact it contains to the prejudice of a third person who after its recordation acquires an interest in or over the immovable to which the instrument relates. Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005. NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
LA Civ Code art. 3343 (2021)
2021 Louisiana Laws|Civil Code|Art. 3343. Third person defined

A third person is a person who is not a party to or personally bound by an instrument. A witness to an act is a third person with respect to it. A person who by contract assumes an obligation or is bound by contract to recognize a right is not a third person with respect to the obligation or right or to the instrument creating or establishing it. Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005. NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
LA Civ Code art. 3344 (2021)
2021 Louisiana Laws|Civil Code|Art. 3344. Refusal for failure of original signature or proper certification; effect of recordation; necessity of proof of signature recordation of a duplicate

  A. Except as otherwise provided by law, the recorder shall refuse to record:  (1) An instrument that does not bear the original signature of a party.  (2) A judgment, administrative decree, or other act of a governmental agency that is not properly certified in a manner provided by law.  B. Recordation does not dispense with the necessity of proving that the signatures are genuine unless they are authenticated in the manner provided by law.  Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2020, No. 254, §1. NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.