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La. Rev. Stat. § 9:5014 Enforcement of privilege on immovables alienated by heirs or legatees
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§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 agai…
La. Rev. Stat. § 9:5015 Peremption of inscription of privilege of succession creditor or particular legatee
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§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 possess…
La. Rev. Stat. § 9:5016 Peremption of inscription of privilege of creditor of heir or legatee
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§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 wit…
La. Rev. Stat. § 9:5021 Privilege on assets of purchaser when purchaser becomes insolvent or bankrupt
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§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 t…
La. Rev. Stat. § 9:5031 Preservation of rights of lien or privilege holder in sales held in certain proceedings
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§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, liquidat…
La. Rev. Stat. § 9:51 Civil rights and duties
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§51. Civil rights and duties Women have the same rights, authority, privileges, and immunities, and shall perform the same obligations and duties as men in the holding of office including the civil functions of tutor, under tutor, curator, under curator, administrator, executor, …
La. Rev. Stat. § 9:5103 Newspaper plant, equipment, name, and good will
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§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 wi…
La. Rev. Stat. § 9:5131 Appointment by court
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§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 sh…
La. Rev. Stat. § 9:5132 Designation in mortgage
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§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 sel…
La. Rev. Stat. § 9:5133 Powers, duties and compensation
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§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 bu…
La. Rev. Stat. § 9:5134 Security
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§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 action…
La. Rev. Stat. § 9:5135 Requests to court for instructions
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§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 mortgage…
La. Rev. Stat. § 9:5136 Designation in mortgage or other instrument of keeper of property
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§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 desi…
La. Rev. Stat. § 9:5137 Appointment of person designated by parties
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§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 proces…
La. Rev. Stat. § 9:5138 Powers, duties, and compensation
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§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 pec…
La. Rev. Stat. § 9:5139 Security
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§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 f…
La. Rev. Stat. § 9:5140 Requests to court for instructions
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§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 mortgag…
La. Rev. Stat. § 9:5140.1 Effect of Subpart on other provisions of law
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§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 Louisian…
La. Rev. Stat. § 9:5140.2 Security interests under Chapter 9 of Louisiana Commercial Laws
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§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.
La. Rev. Stat. § 9:5142 Parish wherein state capitol is located, special mortgages
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§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 mo…
La. Rev. Stat. § 9:5143 Parish wherein state capitol is located, vendor's mortgages or sales with mortgage
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§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…
La. Rev. Stat. § 9:5163 United States agencies mortgagees of record; no cancellation or subordination without notice
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§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 cancell…
La. Rev. Stat. § 9:5164 Service of notice
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§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 ag…
La. Rev. Stat. § 9:5165 Issuance of release of mortgage by current mortgagee
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§5165. Issuance of release of mortgage by current mortgagee A. The provisions of this Section shall apply only to residential mortgages, where a mortgage has been granted by a consumer on a one-to-four family residential immovable property, including a mortgage to finance the ini…
La. Rev. Stat. § 9:5166 Cancellation of mortgage and vendor's lien inscriptions; uniform cancellation affidavit; requirements and effects
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§5166. Cancellation of mortgage and vendor's lien inscriptions; uniform cancellation affidavit; requirements and effects A. A uniform cancellation affidavit as provided in this Section may be used to cancel a mortgage or vendor's lien inscription, except for judgments or legal mo…
La. Rev. Stat. § 9:5167 Cancellation of mortgage or vendor's privilege by affidavit of notary or title insurer where paraphed note or other evidence is lost or destroyed
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§5167. Cancellation of mortgage or vendor's privilege by affidavit of notary or title insurer where paraphed note or other evidence is lost or destroyed A.(1) When a promissory note paraphed for identification with a mortgage or act creating a vendor's privilege on immovable prop…
La. Rev. Stat. § 9:5167.1 Cancellation of mortgage inscription by affidavit; penalties
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§5167.1. Cancellation of mortgage inscription by affidavit; penalties A. A mortgagee shall execute and deliver sufficient acceptable documentation, as required by the clerk of court and ex officio recorder of mortgages for the cancellation of a mortgage, to the mortgagor or the m…
La. Rev. Stat. § 9:5167.2 Cancellation of mortgage inscription
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§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 …
La. Rev. Stat. § 9:5168 Promissory notes; loss or destruction; proof by affidavit
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§5168. Promissory notes; loss or destruction; proof by affidavit A. When a promissory note paraphed for identification with a mortgage or act creating a vendor's privilege on immovable property has been lost or destroyed, the maker of such note or any other interested party may p…
La. Rev. Stat. § 9:5169 Cancellation of mortgages and privileges not securing paraphed obligations
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§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 b…
La. Rev. Stat. § 9:5170 Cancellation of mortgages and privileges securing paraphed obligations
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§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 ma…
La. Rev. Stat. § 9:5171 Cancellation; certified copy of order, decree or other instrument
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§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 a…
La. Rev. Stat. § 9:5172 Cancellation; partial cancellation; licensed financial institution
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§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 institu…
La. Rev. Stat. § 9:5173 Mortgage or privilege cancellation by financial institution; standard form
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§5173. Mortgage or privilege cancellation by financial institution; standard form A financial institution seeking to cancel a mortgage or privilege inscription pursuant to R.S. 9:5172 may use, and the recorder of mortgages for each and every parish in the state of Louisiana shall…
La. Rev. Stat. § 9:5173.1 Mortgage or privilege partial cancellation by financial institution; standard form
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§5173.1. Mortgage or privilege partial cancellation by financial institution; standard form A financial institution seeking a partial cancellation of a mortgage or privilege inscription pursuant to R.S. 9:5172 may use, and the recorder of mortgages for each and every parish in th…
La. Rev. Stat. § 9:5174 Liability for incorrect or false request for cancellation
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§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…
La. Rev. Stat. § 9:5175 Order of discharge in bankruptcy; effect
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§5175. Order of discharge in bankruptcy; effect A.(1) A judgment debtor in whose favor a United States Bankruptcy Court has entered an order of discharge, or any person whose rights are or may be affected by the order, may bring an action in accordance with the provisions of R.S.…
La. Rev. Stat. § 9:5175.1 Bankruptcy order authorizing sale of property
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§5175.1. Bankruptcy order authorizing sale of property If a United States Bankruptcy Court order authorizing the sale of property free and clear of all liens, judgments, mortgages, and privileges does not specify the liens, judgments, mortgages, or privileges to be cancelled, a L…
La. Rev. Stat. § 9:5176 Extinction of certain rights; acknowledgment by owner or holder
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§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 r…
La. Rev. Stat. § 9:5208 Registers kept by recorder of mortgages in Orleans Parish
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§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 lega…
La. Rev. Stat. § 9:5209 Authentication of registers in Orleans Parish
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§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…
La. Rev. Stat. § 9:5210 Registers and authentication outside Orleans Parish
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§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 j…
La. Rev. Stat. § 9:5211 Register with title of acts and time of filing
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§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, …
La. Rev. Stat. § 9:5212 Prompt recordation and certificate of encumbrances
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§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 t…
La. Rev. Stat. § 9:5213 Method of recordation; certificate of encumbrances
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§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 perso…
La. Rev. Stat. § 9:5217 Recorder's fees for multiple indebtedness mortgages; form
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§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…
La. Rev. Stat. § 9:5251 Preservation of rights of mortgage holder in sales held in certain proceedings
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§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 …
La. Rev. Stat. § 9:5301 Conventional mortgage to secure several obligations
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§5301. Conventional mortgage to secure several obligations A conventional mortgage may be given to secure the payment of the principal and interest of two or more notes, bonds, or other obligations of the mortgagor or of any third person.
La. Rev. Stat. § 9:5302 Fiduciary as mortgagee in trust for creditors
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§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 o…
La. Rev. Stat. § 9:5303 Creditors' interests under mortgage
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§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.
