reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Civil Code › Art. 3240. Privilege on price of adjudication in case of forced sale.

Art. 3240. Privilege on price of adjudication in case of forced sale.
When the sale was a forced one, the right of the purchaser to the property becomes irrevocable; he owes only the price of adjudication, and over it the creditors exercise their privilege, in the order above prescribed.
2023 Louisiana Laws › Civil Code › Art. 3242. Voluntary sale of ship in port, rights of privileged creditors.

Art. 3242. Voluntary sale of ship in port, rights of privileged creditors.
When a sale has been made, the vessel being in port, the creditors of the vendor, who enjoy the privilege for some cause anterior to the act of sale, may demand payment and enforce their rights over the ship, until a voyage has been made in the name and at the risk of the purchaser, without any claim interposed by them.
2023 Louisiana Laws › Civil Code › Art. 3243. Loss of privilege after voyage in name of purchaser.

Art. 3243. Loss of privilege after voyage in name of purchaser.
But when the ship has made a voyage in the name and at the risk of the purchaser, without any claim on the part of the privileged creditors of the vendor, these privileges are lost and extinct against the ship, if she was in port at the time of sale.
2023 Louisiana Laws › Civil Code › Art. 3244. Voluntary sale of ship while on voyage, rights of privileged creditors.

Art. 3244. Voluntary sale of ship while on voyage, rights of privileged creditors.
On the other hand, if the ship was on a voyage at the time of sale, the privilege of the creditor against the purchaser shall only become extinct after the ship shall have returned to the port of departure, and the creditors of the vendor shall have allowed her to depart on another voyage for the account and risk of the purchaser, and shall have made no claim.
2023 Louisiana Laws › Civil Code › Art. 3245. Voyage, definition.

Art. 3245. Voyage, definition.
A ship is considered to have made a voyage, when her departure from one port and arrival at another shall have taken place, or when, without having arrived at another, more than sixty days have elapsed between the departure and return to the same port; or when the ship, having departed on a long voyage, has been out more than sixty days, without any claim on the part of persons pretending a privilege.
2023 Louisiana Laws › Civil Code › Art. 3247. Privilege of consignee or agent on merchandise consigned.

Art. 3247. Privilege of consignee or agent on merchandise consigned.
Every consignee or commission agent who has made advances on goods consigned to him, or placed in his hands to be sold for account of the consignor, has a privilege for the amount of these advances, with interest and charges on the value of the goods, if they are at his disposal in his stores, or in a public warehouse, or if, before their arrival, he can show, by a bill of lading or letter of advice, that they have been dispatched to him.
This privilege extends to the unpaid price of the goods which the consignee or agent shall have thus received and sold.
Every consignee, commission agent or factor shall have a privilege, preferred to any attaching creditor, on the goods consigned to him for any balance due him, whether specially advanced on such goods or not; provided they have been received by him, or an invoice or bill of lading has been received by him previous to the attachment; provided, that the privilege established by this article shall not have a preference over a privilege pre-existing on the goods aforesaid in behalf of a resident creditor of this State.
2023 Louisiana Laws › Civil Code › Art. 3248. Rights of consignor on insolvency of consignee or agent.

Art. 3248. Rights of consignor on insolvency of consignee or agent.
In the event of the failure of the consignee or commission agent, the consignor has not only a right to reclaim the goods sent by him, and which remain unsold in the hands of the consignee or agent, if he can prove their identity, but he has also a privilege on the price of such as have been sold, if the price has not been paid by the purchaser, or passed into account current between him and the bankrupt.
2023 Louisiana Laws › Civil Code › Art. 3249. Special privileges on immovables

CHAPTER 4-OF PRIVILEGES ON IMMOVABLES
Art. 3249. Special privileges on immovables
Creditors who have a privilege on immovables are:
(1) The vendor on the estate by him sold, for the payment of the price or so much of it as is unpaid, whether it was sold on or without a credit.
(2) Those who are granted special privileges on immovables by legislation.
Amended by Acts 2019, No. 325, §2, eff. Jan. 1, 2020.
2023 Louisiana Laws › Civil Code › Art. 3251. Successive sales, preference among vendors

Art. 3251. Successive sales, preference among vendors
If there are several successive sales, on which the price is due wholly or in part, the first vendor is preferred to the second, the second to the third, and so throughout and as provided by Article 3186, and assuming timely recordation as provided in Article 3274, each such vendor is preferred to the previously recorded mortgages of his vendees and their successors.
Acts 1989, No. 538, §1.
2023 Louisiana Laws › Civil Code › Art. 3252. General privileges on both movables and immovables.

CHAPTER 5--OF PRIVILEGES WHICH EMBRACE BOTH
MOVABLES AND IMMOVABLES
Art. 3252. General privileges on both movables and immovables.
The privileges which extend alike to movables and immovables are the following:
1. Funeral charges.
2. Judicial charges.
3. Expenses of last illness.
4. The wages of servants.
5. The salaries of secretaries, clerks and other agents of that kind.
Whenever a surviving spouse or minor children of a deceased person shall be left in necessitous circumstances, and not possess in their own rights property to the amount of one thousand dollars, the surviving spouse or the legal representatives of the children, shall be entitled to demand and receive from the succession of the deceased spouse or parent, a sum which added to the amount of property owned by them, or either of them, in their own right, will make up the sum of one thousand dollars, and which amount shall be paid in preference to all other debts, except those secured by the vendor's privilege on both movables and immovables, conventional mortgages, and expenses incurred in selling the property. The surviving spouse shall have and enjoy the usufruct of the amount so received from the deceased spouse's succession, until remarriage, which amount shall afterwards vest in and belong to the children or other descendants of the deceased spouse.
(Amended by Acts 1917, Ex.Sess.) No. 17; Acts 1918, No. 242; Acts 1979, No. 711, §1.
2023 Louisiana Laws › Civil Code › Art. 3253. Order of payment of privileges; debtor's movables taken before immovables.

Art. 3253. Order of payment of privileges; debtor's movables taken before immovables.
When, for want of movables, the creditors, who have a privilege according to the preceding article, demand to be paid out of the proceeds of the immovables of the debtor, the payment must be made in the order laid down in the following chapter.
2023 Louisiana Laws › Civil Code › Art. 3254. Special privileges prime general privileges on movables; ranking among general privileges when movables sufficient.

CHAPTER 6--OF THE ORDER IN WHICH PRIVILEGED
CREDITORS ARE TO BE PAID
Art. 3254. Special privileges prime general privileges on movables; ranking among general privileges when movables sufficient.
If the movable property, not subject to any special privilege, is sufficient to pay the debts which have a general privilege on the movables, those debts are paid in the following order:
Funeral charges are the first paid.
Law charges, the second.
Expenses of the last illness, the third.
The wages of servants, the fourth.
Supplies of provisions, the fifth.
The salaries of clerks, secretaries, and others of that nature, the sixth.
The thousand dollars secured by law to the surviving spouse or minor children, as set forth in Article 3252, shall be paid in preference to all other debts, except those for the vendor's privileges and expenses incurred in selling the property.
Amended by Acts 1979, No. 711, §1.
2023 Louisiana Laws › Civil Code › Art. 3255. Order of payment when available movables insufficient.

Art. 3255. Order of payment when available movables insufficient.
But when part of the movables are subject to special privileges, and the remainder of the movables are not sufficient to discharge the debts having a privilege on the whole mass of movables, or if there be equality* between the special privileges, the following rules shall direct the determination.
*In this context, the French word "concurrence" would be translated more properly by "competition" than by "equality."
2023 Louisiana Laws › Civil Code › Art. 3257. Lessor's privilege primed by funeral charges.

Art. 3257. Lessor's privilege primed by funeral charges.
The case is the same with respect to the funeral expenses of the debtor and his family; when there is no other source from which they can be paid, they have a preference over the debt for rent or hire, on the price of the movables contained in the house or on the farm.
2023 Louisiana Laws › Civil Code › Art. 3259. Lessor's privilege on crops primed by supplies and labor.

Art. 3259. Lessor's privilege on crops primed by supplies and labor.
With regard to the crops which are subject to the lessor's privilege, the expenses for seed and labor, the wages of overseers and managers are to be paid out of the product of the year, in preference to the lessor's debt.
So, also, he who supplied the farming utensils, and who has not been paid, is paid in preference to the lessor out of the price of their sale.
2023 Louisiana Laws › Civil Code › Art. 3260. Ranking between privileges of lessor and depositor.

Art. 3260. Ranking between privileges of lessor and depositor.
If, among the movables with which the house or farm, or any other thing subject to the lessor's privilege, is provided, there should be some which were deposited by a third person in the hands of the lessor* or farmer, the lessor shall have a preference over the depositary** on the things deposited for the payment of his rent, if there are no other movables subject to his privilege, or if they are not sufficient; unless it be proved that the lessor knew that the things deposited did not belong to his tenant or farmer.
Amended by Acts 1871, No. 87.
*Note error in English translation of French text; "lessor" should be "lessee."
**Note error in English translation of French text; "depositary" should be "depositor."
2023 Louisiana Laws › Civil Code › Art. 3261. Depositor's privilege and other privileges.

Art. 3261. Depositor's privilege and other privileges.
With the exception stated in the foregoing article, the privilege of the depositor on the thing deposited is not preceded by any other privileged debt, even funeral expenses, unless it be that the depositor must contribute to the expense of sealing and making inventory, because this expense is necessary to the preservation of the deposit.
2023 Louisiana Laws › Civil Code › Art. 3262. Privilege for expenses of preservation and other privileges.

Art. 3262. Privilege for expenses of preservation and other privileges.
The privilege of him who has taken care of the property of another, has a preference over that property, for the necessary expenses which he incurred, above all the other claims for expenses, even funeral charges; his privilege yields only to that for the charges on the sale of the thing preserved.
2023 Louisiana Laws › Civil Code › Art. 3263. Vendor's privilege and other privileges.

Art. 3263. Vendor's privilege and other privileges.
The privilege of the vendor on movables sold by him, which are still in the possession of the vendee, yields to that of the owner of the house or farm which they serve to furnish or supply, for his rents. It yields also to the charges for affixing seals and making inventories, but not to the funeral or other expenses of the debtor.
2023 Louisiana Laws › Civil Code › Art. 3266. Immovables liable when movables insufficient.

Art. 3266. Immovables liable when movables insufficient.
If the movables of the debtor, by reason of the special privileges affecting them or for any other cause, are not sufficient to discharge the debts having a privilege on the whole movable property, the balance must be raised on the immovables of the debtor, as hereafter provided.
2023 Louisiana Laws › Civil Code › Art. 3267. Special privileges on immovables and other privileges

Art. 3267. Special privileges on immovables and other privileges
If the immovables of the debtor are subject to vendor's privileges or other special privileges, the vendors and creditors having other special privileges shall be paid from the price of the object affected in their favor, in preference to other privileged debts of the debtor, even funeral charges, except the charges for affixing seals, making inventories, and others which may have been necessary to procure the sale of the thing.
Amended by Acts 2019, No. 325, §2, eff. Jan. 1, 2020.
2023 Louisiana Laws › Civil Code › Art. 3269. Order of payment out of immovables; distribution of loss among mortgage creditors.

Art. 3269. Order of payment out of immovables; distribution of loss among mortgage creditors
With the exception of special privileges that exist on immovables in favor of vendors and other creditors, as declared above, the debts privileged on the movables and immovables generally ought to be paid, if the movables are insufficient, out of the product of the immovables belonging to the debtor, in preference to all other privileged and mortgage creditors.
The loss which may then result from their payment must be borne by the creditor whose mortgage is the least ancient, and so in succession, ascending according to the order of the mortgages, or by pro rata contributions where two or more mortgages have the same date.
Amended by Acts 2019, No. 325, §2, eff. Jan. 1, 2020.
2023 Louisiana Laws › Civil Code › Art. 3270. Effect of priorities among privileges.

Art. 3270. Effect of priorities among privileges.
When the debts privileged on the movables and immovables can not be paid entirely, either because the movable effects are of small value, or subject to special privileges which claim a preference, or because the movables and immovables together do not suffice, the deficiency must not be borne proportionally among the debtors,* but the debts must be paid according to the order established above, and the loss must fall on those which are of inferior dignity.**
*Note error in English translation of French text; "debtors" should be "debts."
**English translation of French text incomplete; should include "and which cannot be discharged."
2023 Louisiana Laws › Civil Code › Art. 3271. Vendor's privilege on immovables, recordation.

CHAPTER 7--HOW PRIVILEGES ARE
PRESERVED AND RECORDED
Art. 3271. Vendor's privilege on immovables, recordation.
The vendor of an immovable only preserves his privilege on the object, when he has caused to be duly recorded at the office for recording mortgages, his act of sale, in the manner directed hereafter, whatever may be the amount due to him on the sale.
2023 Louisiana Laws › Civil Code › Art. 3274. Time and place of recordation; effectiveness.

Art. 3274. Time and place of recordation; effectiveness
No privilege shall have effect against third persons, unless recorded in the manner required by law in the parish where the property to be affected is situated. It shall confer no preference on the creditor who holds it, over creditors who have acquired a mortgage, unless the act or other evidence of the debt is recorded within seven days from the date of the act or obligation of indebtedness when the registry is required to be made in the parish where the act was passed or the indebtedness originated and within fifteen days, if the registry is required to be made in any other parish of this state. It shall, however, have effect against all parties from date of registry.
The provisions of this Article are subject to exceptions provided by legislation.
Amended by Acts 1877, No. 45; Acts 2019, No. 325, §2, eff. Jan. 1, 2020.
2023 Louisiana Laws › Civil Code › Art. 3276. Priority of claims against succession arising after death.

Art. 3276. Priority of claims against succession arising after death.
The charges against a succession, such as funeral charges, law charges, lawyer fees for settling the succession, the thousand dollars secured in certain cases to the surviving spouse or minor heirs of the deceased, and all claims against the succession originating after the death of the person whose succession is under administration, are to be paid before the debts contracted by the deceased person, except as otherwise provided for herein, and they are not required to be recorded.
Amended by Acts 1979, No. 711, §1.
2023 Louisiana Laws › Civil Code › Art. 3277. Methods of extinction.

CHAPTER 8--OF THE MANNER IN WHICH
PRIVILEGES ARE EXTINGUISHED
Art. 3277. Methods of extinction.
Privileges become extinct:
1. By the extinction of the thing subject to the privilege.
2. By the creditor acquiring the thing subject to it.
3. By the extinction of debt which gave birth to it.
4. By prescription.
2023 Louisiana Laws › Civil Code › Art. 3279. Rights created by mortgage

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.
2023 Louisiana Laws › Civil Code › Art. 3280. Mortgage is an indivisible real right

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.
2023 Louisiana Laws › Civil Code › Art. 3282. Accessory nature

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.
2023 Louisiana Laws › Civil Code › Art. 3284. Conventional, legal, and judicial mortgages

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.
2023 Louisiana Laws › Civil Code › Art. 3286. Property susceptible of mortgage

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.
2023 Louisiana Laws › Civil Code › Art. 3288. Requirements of contract of mortgage

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.
2023 Louisiana Laws › Civil Code › Art. 3291. Presumption that things are subject to conventional mortgage

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.
2023 Louisiana Laws › Civil Code › Art. 3292. Mortgage of future property permitted in certain cases

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.
2023 Louisiana Laws › Civil Code › Art. 3293. Obligations for which mortgage may be established

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.
2023 Louisiana Laws › Civil Code › Art. 3294. Mortgage securing obligation that is not for the payment of money

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.
2023 Louisiana Laws › Civil Code › Art. 3295. Mortgage securing another's obligation

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.
2023 Louisiana Laws › Civil Code › Art. 3296. Right of mortgagor to raise defenses

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.
2023 Louisiana Laws › Civil Code › Art. 3297. Restrictions upon recourse of mortgagee

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.
2023 Louisiana Laws › Civil Code › Art. 3298. Mortgage may secure future obligations

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.
2023 Louisiana Laws › Civil Code › Art. 3299. Judicial and legal mortgages

CHAPTER 3. JUDICIAL AND LEGAL MORTGAGES
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.
2023 Louisiana Laws › Civil Code › Art. 3302. Property burdened by judicial and legal mortgages

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.
2023 Louisiana Laws › Civil Code › Art. 3303. Nature of judicial and legal mortgages

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.
2023 Louisiana Laws › Civil Code › Art. 3305. Judgments of other jurisdictions

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.
2023 Louisiana Laws › Civil Code › Art. 3307. The effect and rank of mortgages

CHAPTER 4. THE EFFECT AND RANK OF MORTGAGES
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.
2023 Louisiana Laws › Civil Code › Art. 3311. Mortgage securing several obligations

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.
2023 Louisiana Laws › Civil Code › Art. 3312. Transfer of the secured obligation

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.}}
2023 Louisiana Laws › Civil Code › Art. 3313. Transfer does not imply subordination

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.}}
2023 Louisiana Laws › Civil Code › Art. 3315. Third possessor defined

CHAPTER 5. THIRD POSSESSORS
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.}}
2023 Louisiana Laws › Civil Code › Art. 3316. Liability of third possessor

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.
2023 Louisiana Laws › Civil Code › Art. 3317. Rights of third possessor

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.}}
2023 Louisiana Laws › Civil Code › Art. 3318. Right of third possessor for costs of improvements

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.}}
2023 Louisiana Laws › Civil Code › Art. 3319. Methods of extinction

CHAPTER 6. EXTINCTION OF MORTGAGES
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.
2023 Louisiana Laws › Civil Code › Art. 3320. Recordation; limits of effectiveness

CHAPTER 7. INSCRIPTION OF MORTGAGES AND PRIVILEGES
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.
2023 Louisiana Laws › Civil Code › Art. 3325. Paraph of notes or written obligations secured by a mortgage, privilege, or other encumbrance

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.
2023 Louisiana Laws › Civil Code › Art. 3326. Effect of mortgage filed after death of mortgagor

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.}}
2023 Louisiana Laws › Civil Code › Art. 3337. Cancellation of mortgages and privileges from the records

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.
2023 Louisiana Laws › Civil Code › Art. 3338. Instruments creating real rights in immovables; recordation required to affect third persons

TITLE XXII-A-OF REGISTRY
CHAPTER 1. GENERAL PROVISIONS
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.
2023 Louisiana Laws › Civil Code › Art. 3339. Matters not of record

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.
2023 Louisiana Laws › Civil Code › Art. 3340. Effect of recording other documents

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.
2023 Louisiana Laws › Civil Code › Art. 3341. Limits on the effect of recordation

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.
2023 Louisiana Laws › Civil Code › Art. 3342. Parties to an instrument are precluded from raising certain matters

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.
2023 Louisiana Laws › Civil Code › Art. 3343. Third person defined

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.
2023 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

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.
2023 Louisiana Laws › Civil Code › Art. 3345. Recordation of a duplicate

Art. 3345. Recordation of a duplicate
The recordation of a duplicate of an instrument, as defined in Code of Evidence Article 1001(5), that does not bear the original signature of a party, shall nonetheless have the same effect as recordation of the original instrument. Recordation does not dispense with proving that the recorded instrument is a duplicate.
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.
2023 Louisiana Laws › Civil Code › Art. 3346. Place of recordation; duty of the recorder

Art. 3346. Place of recordation; duty of the recorder
A. An instrument creating, establishing, or relating to a mortgage or privilege over an immovable, or the pledge of the lessor's rights in the lease of an immovable and its rents, is recorded in the mortgage records of the parish in which the immovable is located. All other instruments are recorded in the conveyance records of that parish.
B. The recorder shall maintain in the manner prescribed by law all instruments that are recorded with him.
Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2014, No. 281, §1, eff. Jan 1, 2015.
NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
2023 Louisiana Laws › Civil Code › Art. 3347. Effect of recordation arises upon filing

Art. 3347. Effect of recordation arises upon filing
The effect of recordation arises when an instrument is filed with the recorder and is unaffected by subsequent errors or omissions of the recorder. An instrument is filed with a recorder when he accepts it for recordation in his office.
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.
2023 Louisiana Laws › Civil Code › Art. 3348. Time of filing; determination

Art. 3348. Time of filing; determination
Upon acceptance of an instrument the recorder shall immediately write upon or stamp it with the date and time it is filed and the registry number assigned to 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.
2023 Louisiana Laws › Civil Code › Art. 3349. Failure to endorse; effect

Art. 3349. Failure to endorse; effect
If the recorder upon acceptance of an instrument fails to endorse an instrument with the date and time of filing or if it bears the same date and time of filing as another instrument, it is presumed that the instrument was filed with respect to other instruments in the order indicated by their registry numbers and that the filing of the instrument occurred immediately before an instrument bearing the next consecutive registry number.
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.
2023 Louisiana Laws › Civil Code › Art. 3350. Presumption as to time of filing

Art. 3350. Presumption as to time of filing
When the date and time of filing cannot be determined under Articles 3348 and 3349, it is presumed that the instrument was filed at the first determinable date and time that it appears in the records of the recorder.
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.
2023 Louisiana Laws › Civil Code › Art. 3351. Ancient documents; presumptions

Art. 3351. Ancient documents; presumptions
An instrument that has been recorded for at least ten years is presumed to have been signed by all persons whose purported signatures are affixed thereto, and, if a judgment, that it was rendered by a court of competent jurisdiction.
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.
2023 Louisiana Laws › Civil Code › Art. 3352. Recorded acts; required information

Art. 3352. Recorded acts; required information
A. An instrument shall contain the following information when appropriate for its type and nature:
(1) The full name, domicile, and permanent mailing address of the parties.
(2) The marital status of all of the parties who are individuals, including the full name of the present spouse or a declaration that the party is unmarried.
(3) A declaration as to whether there has been a change in the marital status of any party who is a transferor of the immovable or interest or right since he acquired it, and if so, when and in what manner the change occurred.
(4) The municipal number or postal address of the property, if it has one.
(5) The last four digits of the social security number or the taxpayer identification number of the mortgagor, whichever is applicable.
(6) The notary's identification number or the attorney's bar roll number and the typed, printed, or stamped name of the notary and witnesses if the instrument is an authentic act of, or an authenticated act by, a notary.
B. The recorder shall not refuse to record an instrument because it does not contain the information required by this Article. The omission of that information does not impair the validity of an instrument or the effect given to its recordation.
C. The recorder shall display only the last four digits of the social security numbers or taxpayer identification numbers listed on instruments that his office makes available for viewing on the internet.
Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2017, No. 173, §4.
NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
2023 Louisiana Laws › Civil Code › Art. 3353. Effect of indefinite or incomplete name

Art. 3353. Effect of indefinite or incomplete name
A recorded instrument is effective with respect to a third person if the name of a party is not so indefinite, incomplete, or erroneous as to be misleading and the instrument as a whole reasonably alerts a person examining the records that the instrument may be that of the party.
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.
2023 Louisiana Laws › Civil Code › Art. 3354. Applicability

CHAPTER 2. MORTGAGE RECORDS
SECTION 1. GENERAL PROVISIONS
Art. 3354. Applicability
The provisions of this Chapter apply only to the mortgages and privileges encumbering immovables and to pledges of the lessor's rights in the lease of an immovable and its rents.
Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2014, No. 281, 1, eff. Jan. 1, 2015.
NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
2023 Louisiana Laws › Civil Code › Art. 3355. Mortgage, pledge, or privilege affecting property in several parishes

Art. 3355. Mortgage, pledge, or privilege affecting property in several parishes
An act of mortgage, contract of pledge, instrument evidencing a privilege, or other instrument that affects property located in more than one parish may be executed in multiple originals for recordation in each of the several parishes. An original that is filed with a recorder need only describe property that is within the parish in which it is filed.
A certified copy of an instrument that is recorded in the records of a parish need only describe property that is within the parish in which it is filed.
Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.