reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5014. Enforcement of privilege on immovables alienated by heirs or legatees

RS 9:5014 - Enforcement of privilege on immovables alienated by heirs or legatees
If an affidavit of his claim of privilege under R.S. 9:5011 has been filed for recordation as provided by R.S. 9:5013, a succession creditor or a particular legatee may enforce the privilege claimed against the immovable left by the deceased and alienated within three months of the death of the deceased, by a suit filed prior to the peremption of the inscription of his privilege against the then owner of the immovable and the heirs or legatees who have accepted the succession of the deceased.
Added by Acts 1960, No. 31, §5, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5015. Peremption of inscription of privilege of succession creditor or particular legatee

RS 9:5015 - Peremption of inscription of privilege of succession creditor or particular legatee
If no suit has been filed to enforce the privilege before, the inscription of either of the privileges provided by R.S. 9:5011 perempts three months from the date of any judgment of possession rendered without an administration of the succession of the deceased, or three months after the recordation of the privilege if the succession has not been opened judicially.
Added by Acts 1960, No. 31, §5, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5016. Peremption of inscription of privilege of creditor of heir or legatee

RS 9:5016 - Peremption of inscription of privilege of creditor of heir or legatee
Unless the creditor institutes a suit to enforce his claim before, the inscription of the privilege provided by R.S. 9:5012 perempts three months after the date of any judgment of possession rendered without an administration of the succession of the deceased, or three months after the recordation of the privilege if the succession has not been opened judicially.
Added by Acts 1960, No. 31, §5, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5021. Privilege on assets of purchaser when purchaser becomes insolvent or bankrupt

RS 9:5021 - Privilege on assets of purchaser when purchaser becomes insolvent or bankrupt
When any corporation formed under the provisions of the laws of the State of Louisiana, or any corporation doing business in this state, or any partnership, firm or individual doing business in this state, becomes insolvent or bankrupt, the producers of agricultural and dairy products, including cooperative marketing associations of such producers, shall have a special privilege upon the assets, whether immovable, movable, or mixed, of such corporation, partnership, firm or individual for the amount of payments for agricultural and dairy products due them, not exceeding six months payments for such products which shall have accrued prior to the adjudication of the insolvency or bankruptcy of such corporation, partnership, firm or individual, which privilege shall rank ahead of all other privileges, debts, charges, or claims against said corporation, partnership, firm or individual, except: (1) those arising out of taxes due the United States government or the State of Louisiana, and (2) bona fide vendor's privileges or mortgages if the vendor's privileges or mortgages exist and have been recorded before the purchase of the agricultural and dairy products for which payment is due, and, (3) laborer's privileges, and (4) lessor's privileges; provided, however, that the privilege of producers of agricultural and dairy products shall take effect and its rank or order of priority established only from the date and time that an affidavit asserting such indebtedness and privilege is recorded in the mortgage records of the parish in which the bankrupt or insolvent debtor is domiciled, if domiciled in the State of Louisiana, or in the parish where the bankrupt or insolvent debtor has its principal place of business in Louisiana, if its domicile is out of the State of Louisiana.
Added by Acts 1968, No. 461, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5031. Preservation of rights of lien or privilege holder in sales held in certain proceedings

RS 9:5031 - Preservation of rights of lien or privilege holder in sales held in certain proceedings
No lien or privilege shall be cancelled, removed from the public records, or in any manner affected by any public or private sale of property subject thereto in any succession, liquidation, insolvency, receivership, bankruptcy, or partition proceeding. However, the provisions of this Section shall not apply to the execution of judgments governed by Book IV of the Louisiana Code of Civil Procedure, Article 2251 et seq., or to judicial sales in executory proceedings under the Louisiana Code of Civil Procedure, Articles 2631 et seq.
Added by Acts 1980, No. 356, §1. Amended by Acts 1981, No. 894, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5101. Repealed by Acts 1974, No. 50, §3, eff. Jan. 1, 1975; Acts 1974, No. 546, §2, eff. Jan. 1, 1975

RS 9:5101 - Repealed by Acts 1974, No. 50, §3, eff. Jan. 1, 1975; Acts 1974, No. 546, §2, eff. Jan. 1, 1975
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5102. REPEALED BY ACTS 1991, NO. 652, §4, EFF. JAN. 1, 1992.

RS 9:5102 - REPEALED BY ACTS 1991, NO. 652, §4, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5103. Newspaper plant, equipment, name, and good will

RS 9:5103 - Newspaper plant, equipment, name, and good will
Any person engaged in the publication and circulation of a newspaper may issue bonds, notes, or other evidences of debt and secure them by the hypothecation of the plant and equipment of the newspaper and the name and good will of its business.
The act of mortgage shall be made in the form provided by law for other acts of mortgage, shall have the same legal effects, and shall be recorded in the mortgage records of the parish in which the newspaper is published. The foreclosure and sale of the property shall be made as is provided by law for the foreclosure and sale of mortgaged immovables.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5121. §§5121 to 5126 Repealed by Acts 1978, No. 728, §3, eff. Jan. 1, 1979

RS 9:5121 - §§5121 to 5126 Repealed by Acts 1978, No. 728, §3, eff. Jan. 1, 1979
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5131. Appointment by court

RS 9:5131 - Appointment by court
If a mineral right affected by a mortgage executed under the provisions of R.S. 31:203 is seized as an incident to an action for the enforcement of such mortgage, the court issuing the order under which the seizure is to be effected shall direct the sheriff or other officer making the seizure to appoint as keeper of the mineral right such person as the parties may have designated as herein provided.
Added by Acts 1974, No. 546, §1 eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5132. Designation in mortgage

RS 9:5132 - Designation in mortgage
The parties to a mortgage of a mineral right may designate the keeper of property to be appointed as provided by R.S. 9:5131 by expressly naming or identifying the person who is to serve as keeper or by describing the method by which he is to be selected. The parties may designate the mortgagee or his agent as the keeper or permit the mortgagee to name the keeper at the time the seizure is effected.
Added by Acts 1974, No. 546, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5133. Powers, duties and compensation

RS 9:5133 - Powers, duties and compensation
A keeper appointed under the provisions of R.S. 9:5131 through 9:5135 shall have full powers of administration and may operate the mineral right and all wells or facilities located thereon covered by the mortgage in the ordinary course of business and produce and dispose of minerals accruing to such interest without further or express authority. All revenues or other amounts received by the keeper during the course of his administration shall be first applied to the costs and expenses incurred by him in the administration or preservation of the property and the balance, if any, shall be applied to the debt secured by the mortgage. The keeper shall render an accounting of his administration at such time or times as the court before whom the proceedings are pending may direct and all costs and expenses necessarily incurred by him in the course of his administration shall be taxed as a part of the costs of the proceedings to the extent they have not been satisfied out of revenues previously received by the keeper. Costs and expenses of administration shall not include any compensation to a keeper appointed under the provisions of R.S. 9:5131 through 9:5135 for his services unless he was particularly identified by the parties in the act of mortgage and the manner of determining such compensation is therein agreed to. The mortgagee or any employee of the mortgagee shall not be entitled to compensation as keeper, even if he is expressly designated in the mortgage to act as keeper. The court may reduce the amount of compensation of the keeper as fixed by the terms of the mortgage if the court determines the amount to be unreasonable in light of the services actually rendered by him.
Added by Acts 1974, No. 546, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5134. Security

RS 9:5134 - Security
No bond shall be required of the keeper of the person provoking the seizure beyond that which may otherwise be required by law in such proceedings. The sheriff or other officer seizing the property shall have no responsibility for the property seized or the actions of the keeper after custody of the property has been delivered to the keeper.
Added by Acts 1974, No. 546, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5135. Requests to court for instructions

RS 9:5135 - Requests to court for instructions
If the keeper or the mortgagor or the mortgagee is of the opinion that some action, beyond the ordinary course of administration of the property, is required to preserve or protect the property or if in the event the mortgagor or mortgagee believes the keeper is acting beyond his authority or is failing to act in accordance with his authority, such party may apply to the court before whom the proceedings are pending in a summary proceeding with notice to the mortgagor and mortgagee if they are not a party to such application, for instructions as to the proper course that should be taken by the keeper and the court may issue orders or instructions deemed necessary or appropriate for the protection of the property and the interests of the parties therein. An order of the proper court issued pursuant to such an application shall be full authority for the keeper to act in accordance therewith and he shall be fully protected from all claims of any person as a result thereof.
Added by Acts 1974, No. 546, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5136. Designation in mortgage or other instrument of keeper of property

RS 9:5136 - Designation in mortgage or other instrument of keeper of property
The parties to a mortgage of either immovable property or movable property, or both, or the parties to a security agreement under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), may designate a keeper of the property to be appointed pursuant to R.S. 9:5137 by expressly naming or identifying in the mortgage or security agreement the person who is to serve as keeper or by describing the method by which he is to be selected. The parties may designate the mortgagee, or secured party, or his agent as the keeper or may permit the mortgagee or secured party to name the keeper at the time the seizure is effected. If the designation of the keeper by the parties to the mortgage or security agreement is not made in the original instrument, it may be made by any other instrument executed by them, either concurrently with or subsequent to the act of mortgage or security agreement, which in the case of a mortgage on immovable property shall be by an instrument duly acknowledged by the parties in the presence of a notary public and two witnesses.
Added by Acts 1976, No. 315, §1. Amended by Acts 1977, No. 226, §1; Acts 1986, No. 974, §1; Acts 1989, No. 137, §5, eff. Sept. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5137. Appointment of person designated by parties

RS 9:5137 - Appointment of person designated by parties
A. If any immovable or any movable property, or both immovable and movable property, affected by a mortgage is seized as an incident to an action for the recognition or the enforcement of the mortgage, whether by executory process, writ of fieri facias, sequestration, or otherwise, the court issuing the order under which the seizure is to be effected shall, if such order is petitioned for by the seizing creditor, direct the sheriff or other officer making the seizure to appoint as keeper of the seized property such person as the parties may have designated as herein provided. The designation of a keeper of the property in accordance with the provisions of R.S. 9:5136 is for the benefit of the seizing creditor, but such designation shall not be deemed to require the seizing creditor to provoke the appointment of any such keeper.
B. If the parties have not designated a keeper of the property in accordance with the provisions of R.S. 9:5136, and if the sheriff or other officer making the seizure fails, refuses, or declines to operate or administer the seized property or for any reason wishes to have the court appoint a keeper, then upon application of either the seizing creditor, the mortgagor, or the sheriff and in a summary proceeding, with notice to the mortgagor, the mortgagee, and the sheriff or other officer making the seizure if they are not party to such application, the court before whom the proceedings are pending shall direct the sheriff or other officer making the seizure to appoint as keeper of the property a person whom the court designates.
Added by Acts 1976, No. 315, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5138. Powers, duties, and compensation

RS 9:5138 - Powers, duties, and compensation
A. The keeper or receiver shall perform his duties as a prudent administrator, and neither the keeper nor the seizing creditor shall be liable to the mortgagor or the owner of the seized property or any other person for any financial or pecuniary loss or damage claimed to have been suffered by the mortgagor or owner of the seized property or any other person by reason of the administration or management of the property by the keeper or receiver acting as a prudent administrator. A keeper appointed under the provisions of R.S. 9:5136 through 5140.2 shall have full powers of management and administration of the property and may operate the property seized, whether immovable, movable, or both, in the ordinary course of business.
B. All revenues or other amounts received by the keeper during his administration first shall be applied to the costs and expenses incurred by him in the administration or preservation of the property, including meeting any obligations the owner might have to provide services, amenities, or other obligations as provided in the prior recorded existing leases of the tenants or lessees of the property, and any balance shall be applied to the debt secured by the mortgage.
C. The keeper shall render an accounting of his administration at such time or times as the court before whom the proceedings are pending may direct, and all costs and expenses necessarily incurred by him in the course of his administration shall be taxed as a part of the costs of the proceedings to the extent they have not been satisfied out of revenues previously received by the keeper. Costs and expenses of administration shall not include any compensation to a keeper appointed under R.S. 9:5136 through 5140.2 for his services, unless he was particularly identified by the parties in the act of mortgage and the manner of determining such compensation is therein agreed to, or unless the keeper was appointed by the court pursuant to the provisions of R.S. 9:5137(B).
Added by Acts 1976, No. 315, §1; Acts 1992, No. 972, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5139. Security

RS 9:5139 - Security
A. No bond shall be required of the keeper appointed pursuant to R.S. 9:5137(A) by the person provoking the seizure other than any bond otherwise required by law in such proceedings.
B. The keeper appointed pursuant to R.S. 9:5137(B) shall give such bond for the faithful performance of his duties as the court may fix, which shall be at such reasonable sum as the nature of the case justifies.
C. The sheriff or other officer seizing property shall have no responsibility for the property seized or the actions of the keeper after custody of the property has been delivered to the keeper, and shall not be entitled to receive any commission on the rents, revenues, or other fruits of the property delivered to the keeper.
Added by Acts 1976, No. 315, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5140. Requests to court for instructions

RS 9:5140 - Requests to court for instructions
If the keeper or the mortgagor or the mortgagee is of the opinion that some action beyond the ordinary course of administration or management of the property is required to preserve or protect the property, or if, in the event the mortgagor or mortgagee believes the keeper is acting beyond his authority or is failing to act in accordance with his authority, such party may apply to the court before whom the proceedings are pending, in a summary proceeding with notice to the mortgagor and mortgagee if they are not a party to such application, for instructions as to the proper course that should be taken by the keeper. The court may issue orders or instructions deemed necessary or appropriate for the protection of the property and the interests of the parties therein. An order of the proper court issued pursuant to such an application shall be full authority for the keeper to act in accordance therewith, and he shall be fully protected from all claims of any person as a result thereof.
Added by Acts 1976, No. 315, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5140.1. Effect of Subpart on other provisions of law

RS 9:5140.1 - Effect of Subpart on other provisions of law
Nothing in this Subpart shall affect or be construed to affect any rights conferred by R.S. 9:5131 through R.S. 9:5135 and R.S. 6:826(D).
Added by Acts 1976, No. 315, §1.
§5140.2. Security interests under Chapter 9 of Louisiana Commercial Laws
The provisions of this Subpart shall apply to security interests subject to Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.).
Acts 1989, No. 137, §5, eff. Sept. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5140.2. Security interests under Chapter 9 of Louisiana Commercial Laws

RS 9:5140.2 - Security interests under Chapter 9 of Louisiana Commercial Laws
The provisions of this Subpart shall apply to security interests subject to Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.).
Acts 1989, No. 137, §5, eff. Sept. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5142. Parish wherein state capitol is located, special mortgages

RS 9:5142 - Parish wherein state capitol is located, special mortgages
In the parish wherein the state capitol is located in the inscription of special mortgages on real estate, including building and loan and homestead association mortgages and federal savings and loan association mortgages, but excluding railroad mortgages, it shall be sufficient to inscribe the following:
(1) The date of execution;
(2) The name and domicile of the notary, if an authentic act;
(3) The full appearance of the mortgagor, giving his name, marital status and residence;
(4) The name of the mortgagee;
(5) The amount of the mortgage and a concise statement of the payments;
(6) Complete description of the mortgaged property with its acquisition by the mortgagor, if stated in the act;
(7) The following clause shall be inserted in the inscription of the act by the recorder, "For the balance of this act see the original (recorded as Original __________ Bundle __________)"
(8) The closing paragraph of the mortgage;
(9) Copy of the signatures of the parties as signed to the act, including the names of the witnesses and the name of the notary as written in the act.
Acts 1950, No. 279, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5143. Parish wherein state capitol is located, vendor's mortgages or sales with mortgage.

RS 9:5143 - Parish wherein state capitol is located, vendor's mortgages or sales with mortgage.
In the parish wherein the state capitol is located in the inscription both in the conveyance and in the mortgage records of vendor's mortgages or sales with mortgage, including building and loan and homestead association mortgages and federal savings and loan association mortgages, it shall be sufficient to inscribe the following portions thereof only, to-wit:
(1) The date of execution;
(2) The name and domicile of the notary, if an authentic act;
(3) The full appearance of the vendor and of the purchaser with their full names, marital status and residence;
(4) The clause containing warranty, substitution and subrogation as written in the act;
(5) Complete description of the property conveyed with acquisition, as stated in the act;
(6) The purchase price with a concise statement of the payments;
(7) The following clause shall be inserted in the inscription of the act by the recorder, "For the balance of this act see the original; recorded as Original __________ Bundle __________;"
(8) The closing paragraph of the sale;
(9) Copy of the signatures of the parties as signed to the act; including the names of the witnesses and the name of the notary, as written in the act.
Acts 1950, No. 279, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5163. United States agencies mortgagees of record; no cancellation or subordination without notice

RS 9:5163 - United States agencies mortgagees of record; no cancellation or subordination without notice
Mortgages and the recordation in which any agency or instrumentality of the United States, lending on mortgages secured by real estate is the mortgagee of record, cannot be cancelled, removed from the public records, or in any manner affected, by any sale in any succession, liquidation, insolvency, receivership, or partition proceeding, in any court, unless previous to the application or petition for sale, written notice thereof is given to the agency or instrumentality of the United States, the mortgagee of record. The notice unless waived in writing by the agency or instrumentality of the United States, the mortgagee of record, before or after the sale, must be filed in the proceeding, and a certified copy thereof served on the agency or instrumentality, the mortgagee of record, not less than ten days previous to the filing of the petition or application for the sale. In no event shall the mortgage held by the agency or instrumentality be made secondary to, or ranked or primed by any costs or fees in the proceedings, with the exception of the costs immediately and directly incident to the advertising and selling of the property.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5164. Service of notice

RS 9:5164 - Service of notice
The notice to be given to the agency or instrumentality of the United States shall be served by the sheriff, or other appropriate officer, on an agent resident in the state, designated for the service of notice by the agency or instrumentality, and the agency or instrumentality shall record in the mortgage records of each parish wherein mortgages are recorded in which it is the mortgagee of record, the name and address in the state of the agent designated by the agency or instrumentality for service of the notice, and upon failure of the agency or instrumentality to record the name and address of the agent, service of the notice shall be made upon the agency or instrumentality by serving same on the Secretary of State or someone in his office during his absence he may designate.
Amended by Acts 1954, No. 141, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5167.2. Cancellation of mortgage inscription

RS 9:5167.2 - Cancellation of mortgage inscription
A. A mortgagee servicing agent or any holder of the note shall execute and deliver sufficient acceptable documentation, including the original note or notes, and instructions regarding the cancellation of mortgage inscriptions to the mortgagor or the mortgagor's designated agent within sixty days after the date of receipt of full payment of the balance owed on the debt secured by the mortgage in accordance with a payoff statement. The payoff statement shall be furnished by the mortgagee or its mortgage servicer.
B. The provisions of this Section shall apply only to residential mortgages, where a mortgage has been granted by a consumer on one-to-four family residential immovable property, including a mortgage to finance the initial construction of the one-to-four family residential immovable property.
C. This Section shall not apply to collateral mortgages as defined in R.S. 9:5550 nor to mortgages to secure future advances as defined in Civil Code Article 3298.
Acts 2003, No. 494, §1; Acts 2004, No. 294, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5169. Cancellation of mortgages and privileges not securing paraphed obligations

RS 9:5169 - Cancellation of mortgages and privileges not securing paraphed obligations
A. If a mortgage or privilege does not secure a note or other written obligation that is paraphed for identification with it, the request for cancellation shall have attached to it an act executed before a notary public or duly acknowledged before a notary public with or without witnesses or any act that is otherwise self-proving under the provisions of Code of Evidence Article 902(1), (2), (3), or (8), signed by the obligee of record of the mortgage or privilege that acknowledges the satisfaction or extinction of the secured obligation, releases or acknowledges the extinction of the mortgage or privilege, or directs the recorder to cancel its recordation.
B. A request for cancellation by an assignee must also provide the name of the mortgagor or obligor of the privilege as it appears in the recorded instrument and registry number or other appropriate recordation information of the instrument.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2007, No. 337, §2; Redesignated from R.S. 44:106 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5170. Cancellation of mortgages and privileges securing paraphed obligations

RS 9:5170 - Cancellation of mortgages and privileges securing paraphed obligations
A. If a mortgage or privilege secures a note or other written obligation paraphed for identification with it, there shall be attached to the request for cancellation:
(1) The paraphed obligation duly marked "paid" or "cancelled"; or
(2) An authentic act describing the paraphed obligation with sufficient particularity to reasonably identify it as the one paraphed for identification with the act of mortgage or privilege and containing:
(a) The appearer's declaration that he is the holder and owner of the paraphed obligation and that he releases or acknowledges extinction of the mortgage or privilege or directs the recorder to cancel its recordation; and
(b) A declaration by the notary that the appearer presented him with the paraphed obligation and that he paraphed it for identification with his act.
B. When a person requests cancellation and the original paraphed obligation is attached to the request or is presented to the recorder with it, the recorder shall, upon that person's request, make a duplicate of the original paraphed obligation, attach it to the request for cancellation, and note upon it that it is a duplicate of the paraphed obligation that was presented. The recorder shall then paraph the original obligation for identification with the request for cancellation and return it to the person presenting the request.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Redesignated from R.S. 44:107 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5171. Cancellation; certified copy of order, decree or other instrument

RS 9:5171 - Cancellation; certified copy of order, decree or other instrument
If a cancellation is to be effected pursuant to a certificate by a sheriff, marshal, or other officer as a consequence of a judicial sale, or other decree or action, the request for cancellation shall have attached to it a certified copy of the order, decree, or other instrument evidencing the extinction or directing the cancellation.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Redesignated from R.S. 44:108 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5172. Cancellation; partial cancellation; licensed financial institution

RS 9:5172 - Cancellation; partial cancellation; licensed financial institution
A. In lieu of complying with the provisions of R.S. 9:5169, 5170, and 5171, a request for cancellation or partial cancellation may have attached to it the signed, written act of a licensed financial institution represented by one of its officers and executed or duly acknowledged before a notary public with or without witnesses, or in any form that is otherwise self-proving under the provisions of Code of Evidence Article 902(1), (2), (3), or (8), or an act under private signature by two authorized officers of the licensed financial institution, declaring that the obligee is a licensed financial institution as defined in Subsection C of this Section and that the institution meets any of the following criteria:
(1) Was the obligee or the authorized agent of the obligee of the obligation secured by the mortgage or privilege when the obligation was extinguished and that the secured obligation has been paid or otherwise satisfied or extinguished.
(2) Is the obligee or authorized agent of the obligee of the secured obligation and that it releases the mortgage or privilege and directs the recorder to cancel its recordation.
(3) Is the obligee or authorized agent of the obligee of the secured obligation and that it partially releases the mortgage or privilege and directs the recorder to partially cancel its recordation.
B. When a request for cancellation or partial cancellation is made by the licensed financial institution, in lieu of attaching a separate act of release or partial release, the financial institution may include the information required by R.S. 9:5169, 5170, and 5171 if the request is in authentic or authenticated form or otherwise complies with Subsection A of this Section.
C. For purposes of this Section, a "licensed financial institution" is any person licensed or regulated by the Louisiana Office of Financial Institutions, or any bank, credit union, lending agency, or other person conducting such a business that is licensed or regulated by another state or the United States.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2007, No. 337, §2; Redesignated from R.S. 44:109 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011; Acts 2017, No. 62, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5174. Liability for incorrect or false request for cancellation

RS 9:5174 - Liability for incorrect or false request for cancellation
A. Any person who requests the recorder to cancel recordation of a mortgage or privilege and who knows or should have known that an act or declaration that he provided to the recorder pursuant to this Title contains materially false or incorrect statements that cause the recorder to incorrectly cancel the recordation of a mortgage or privilege is personally liable to and shall indemnify the recorder and any person relying upon the cancellation for any damages suffered as a consequence of such reliance.
B. Any person signing any act or declaration that is presented to the recorder pursuant to this Title containing materially false or incorrect statements causing the recorder to incorrectly cancel the recordation of a mortgage or privilege is personally liable to and shall indemnify the recorder and any person relying upon the cancellation for any damages suffered as a consequence of such reliance.
C. Any person who knowingly provides or executes the materially false or incorrect statement is also guilty of false swearing under the provisions of R.S. 14:125.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2007, No. 337, §2; Redesignated from R.S. 44:110 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5176. Extinction of certain rights; acknowledgment by owner or holder

RS 9:5176 - Extinction of certain rights; acknowledgment by owner or holder
A. Within thirty days after receipt of a written request from the owner of an immovable to do so, the following persons shall deliver to the owner a written instrument, in proper form, acknowledging that the rights of that person are extinguished:
(1) The lessee of an immovable or the owner of a predial or personal servitude, servitude of right-of-use, or usufruct of an immovable whose rights have become extinguished by the expiration of their term, from the happening of a resolutory or other condition, or from the failure to timely renew, extend, or otherwise modify them according to their terms.
(2) A person who had an option, right of first refusal, or other contractual or legal right to acquire an immovable, a right in or over it, or the lease of an immovable and whose rights have become extinguished by virtue of the expiration of their term, the failure to exercise them timely, or the happening of a condition or other occurrence.
B. If the person required to deliver an acknowledgment fails or refuses to do so, or if he cannot be located after diligent effort, the owner of the immovable may bring an action to declare that the rights are extinguished or ineffective and to direct the recorder to record in his records the judgment so rendered.
C. A return receipt showing delivery by registered or certified mail of a letter addressed to the person required to give the acknowledgment shall be presumptive evidence of receipt of the notice. Proof that the person to whom the notice is to be given could not be located after a diligent search shall suffice in lieu of the giving of the notice and an attorney shall be appointed to represent the absent defendant.
D. In an action pursuant to this Section, the court may order the losing party or parties to pay the costs of the action and reasonable attorney fees incurred by the prevailing party or parties.
E. This Section shall not apply to mineral rights or to a petitory or possessory action.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Redesignated from R.S. 44:112 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011; Acts 2017, No. 102, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5208. Registers kept by recorder of mortgages in Orleans Parish

RS 9:5208 - Registers kept by recorder of mortgages in Orleans Parish
The recorder of mortgages for the parish of Orleans has his office in the city of New Orleans, and must keep two registers:
(1) The first, to record all acts from which there results a conventional, judicial or legal mortgage, or privilege.
(2) The second, to record all donations which have to undergo that formality.
Redesignated from C.C. Art. 3388 by Acts 1992, No. 1132, §4, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5209. Authentication of registers in Orleans Parish

RS 9:5209 - Authentication of registers in Orleans Parish
These registers shall be numbered at each page and signed
ne varietur
on the first and last page, by one of the judges or a justice of the peace for the parish of Orleans.
Redesignated from C.C. Art. 3389 by Acts 1992, No. 1132, §4, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5210. Registers and authentication outside Orleans Parish

RS 9:5210 - Registers and authentication outside Orleans Parish
The parish recorders must keep the same number of registers as the recorder of mortgages for the parish of Orleans, and shall number their pages, and have them signed
ne varietur
on the first and last page by the parish judge of their parish or two justices of the peace for their parish.
Redesignated from C.C. Art. 3390 by Acts 1992, No. 1132, §4, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5211. Register with title of acts and time of filing

RS 9:5211 - Register with title of acts and time of filing
A. Besides the registers above mentioned, the recorder of mortgages, and the parish recorders performing the same duties in the different parishes, shall keep a separate register, in which they shall set down from day to day, and according to their date, the title of the different acts transmitted to them to be recorded, for the purpose of establishing with exactness the time of such transmission.
B. This register shall be open to the inspection of all persons who may wish to examine it, during the hours at which the office is kept open, but it can not be removed.
Redesignated from C.C. Art. 3391 by Acts 1992, No. 1132, §4, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5212. Prompt recordation and certificate of encumbrances

RS 9:5212 - Prompt recordation and certificate of encumbrances
Except as provided in R.S. 35:12(D), in no case can the recorder of mortgages and the parish recorders fulfilling the same duties refuse or delay the recording of the acts which are presented to them for that purpose, or the delivery of the certificates which are required of them, as hereafter stated.
Redesignated from C.C. Art. 3392 by Acts 1992, No. 1132, §4, eff. Jan. 1, 1993. Amended by Acts 2004, No. 62, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5213. Method of recordation; certificate of encumbrances

RS 9:5213 - Method of recordation; certificate of encumbrances
These officers shall record on their register the acts which are presented to them, in the order of their date, and without leaving any intervals or blank space between them; and they are bound also to deliver to all persons who may demand them, a certificate of the mortgages, privileges or donations, which they may have thus recorded; if there be none, their certificate shall declare that fact.
Redesignated from C.C. Art. 3393 by Acts 1992, No. 1132, §4, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5217. Recorder's fees for multiple indebtedness mortgages; form

RS 9:5217 - Recorder's fees for multiple indebtedness mortgages; form
The uniform filing fee that a recorder in any parish of this state is authorized to charge for the filing and recordation of a multiple indebtedness mortgage executed in accordance with Civil Code Article 3298 is as set forth in R.S. 13:844.
Acts 1997, No. 1474, §1; Acts 2001, No. 770, §1; Redesignated from §1; Acts 2017, No. 173, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5251. Preservation of rights of mortgage holder in sales held in certain proceedings

RS 9:5251 - Preservation of rights of mortgage holder in sales held in certain proceedings
Except as otherwise provided in Civil Code Articles 813 and 815, no conventional or judicial mortgage, or chattel mortgage, or security interest under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101 et seq.), shall be cancelled, removed from the public records, or in any manner affected by any public or private sale of property subject thereto in any succession, liquidation, insolvency, receivership, bankruptcy, or partition proceeding. The provisions of this Section shall not apply to the execution of judgments governed by Book IV of the Louisiana Code of Civil Procedure, Article 2251 et seq., or to judicial sales in executory proceedings under the Louisiana Code of Civil Procedure, Article 2631 et seq.
Added by Acts 1980, No. 356, §1. Amended by Acts 1981, No. 894, §1; Acts 1989, No. 137, §5, eff. Sept. 1, 1989; Acts 1995, No. 768, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5302. Fiduciary as mortgagee in trust for creditors

RS 9:5302 - Fiduciary as mortgagee in trust for creditors
A fiduciary for the holders of the obligations secured by the mortgage may be named in the act as mortgagee in trust for the benefit of the creditors. He shall be irrevocably appointed special attorney-in-fact for the holders of the obligations and vested with full power in their behalf to effect and enforce the mortgage for their benefit.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5303. Creditors' interests under mortgage

RS 9:5303 - Creditors' interests under mortgage
The interest of the holders of the obligations shall be in common and indivisible, and in case of the enforcement of the mortgage, the holders shall be entitled to participate pro rata in the proceeds of the mortgaged property.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5304. Enforcement of mortgage; limitations

RS 9:5304 - Enforcement of mortgage; limitations
In case of default, the mortgage may be enforced by seizure and sale or otherwise, as the fiduciary shall deem expedient for the protection of the debt. However, the act of mortgage may provide that in the event of default, the fiduciary shall not be obliged to proceed to sell the property unless the holders of a designated portion of the obligations secured shall request the fiduciary to enforce the mortgage and agree to indemnify him against all costs and expenses incurred. The mortgagor may restrict the right of the fiduciary to foreclose or sell in the event of default.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5307. Substitutions, fidei commissa, or trust dispositions; laws not applicable

RS 9:5307 - Substitutions, fidei commissa, or trust dispositions; laws not applicable
The laws relative to substitutions, fidei commissa, or trust dispositions shall not apply to or in any manner affect conventional mortgages executed in conformity with the provisions of this Part, and all laws or parts of laws conflicting with the provisions of this Part are repealed insofar as regards the purposes of this Part, but not otherwise.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5321. Definitions

RS 9:5321 - Definitions
As used in this Part:
(1) "Instrument" means any instrument, whether or not negotiable, which evidences the indebtedness of one or more persons.
(2) "Rural Property" means a tract of land which is at least forty acres in area and from which at least seventy-five percent of the income derived is from agricultural or livestock purposes or mineral income and which is not located within the territorial limits of any incorporated municipality.
Added by Acts 1977, No. 251, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5324. Schedule of penalties

RS 9:5324 - Schedule of penalties
No penalty for the prepayment of any indebtedness evidenced by an instrument which is secured by a mortgage on rural property may exceed:
(1) five percent of the unpaid principal balance if prepaid during the first year from the date of the instrument;
(2) four percent of the unpaid principal balance if prepaid during the second year from the date of the instrument;
(3) three percent of the unpaid principal balance if prepaid during the third year from the date of the instrument;
(4) two percent of the unpaid principal balance if prepaid during the fourth year from the date of the instrument;
(5) one percent of the unpaid principal balance if prepaid during the fifth year from the date of the instrument;
(6) no prepayment penalty shall be assessed if prepaid more than five years from the date of the instrument.
Added by Acts 1977, No. 251, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5325. Exclusions

RS 9:5325 - Exclusions
The provisions of this Part shall not apply to any instrument which is secured by a conventional mortgage on rural property if that instrument provides that it is a consumer credit transaction within the provisions of the Louisiana Consumer Credit Law, R.S. 9:3510 through R.S. 9:3568.
Added by Acts 1977, No. 251, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5326. Repealed by Acts 1995, No. 1184, §4; Acts 1995, No. 1201, §6.

RS 9:5326 - Repealed by Acts 1995, No. 1184, §4; Acts 1995, No. 1201, §6.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5381. Ships and other vessels, hypothecation and conveyance; record; effect

RS 9:5381 - Ships and other vessels, hypothecation and conveyance; record; effect
In addition to the conveyances and securities otherwise allowed by law, all hypothecations and conveyances of ships, steamboats, and other vessels, or parts thereof, made in good faith and for a valuable consideration, shall be valid, and the record thereof, if of vessels of the United States, according to the laws of the United States, or if of a foreign state, according to the laws of such state, shall be notice to all persons.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5382. Right of mortgage holder to recover for disposal or conversion of property

RS 9:5382 - Right of mortgage holder to recover for disposal or conversion of property
The holder of a conventional mortgage shall have the same rights, privileges, and actions as the mortgagor land owner to recover against any person who, without the written consent of the mortgagee, buys, sells, cuts, removes, holds, disposes of, changes the form of, or otherwise converts to the use of himself or another, any trees, buildings, or other immovables covered by the mortgage.
Recovery by the mortgagee may not be for more than the unpaid portion of the secured indebtedness, plus interest, advances, court costs, and attorney's fees, provided such recovery may be had severally or jointly with the mortgagor land owner.
Amended by Acts 1980, No. 107, §1.