Title 9, Civil Code-Ancillaries

0 chapters · 2,355 sections in this title.

2,355 sectionsFiltered byTitle 9

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. § 9:5169.1 Repealed by Acts 2005, No
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§5169.1. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
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. § 9:5177 Repealed by Acts 2005, No
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§5177. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5178 Repealed by Acts 2005, No
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§5178. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5179 Repealed by Acts 2005, No
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§5179. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5180 Repealed by Acts 2005, No
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§5180. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5180.1 Repealed by Acts 2005, No
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§5180.1. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5180.2 Repealed by Acts 1995, No
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§5180.2. Repealed by Acts 1995, No. 1087, §5.
La. Rev. Stat. § 9:5180.3 Repealed by Acts 2005, No
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§5180.3. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5180.4 Repealed by Acts 2005, No
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§5180.4. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5181 Repealed by Acts 2005, No
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§5181. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5182 Repealed by Acts 1992, No
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§5182. Repealed by Acts 1992, No. 1132, §3, eff. Jan. 1, 1993.
La. Rev. Stat. § 9:5183 Repealed by Acts 1978, No
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§5183. Repealed by Acts 1978, No. 651, §3
La. Rev. Stat. § 9:5201 Repealed by Acts 1997, No
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§5201. Repealed by Acts 1997, No. 584, §1.
La. Rev. Stat. § 9:5202 Repealed by Acts 1997, No
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§5202. Repealed by Acts 1997, No. 584, §1.
La. Rev. Stat. § 9:5203 Repealed by Acts 1997, No
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§5203. Repealed by Acts 1997, No. 584, §1.
La. Rev. Stat. § 9:5206 Repealed by Acts 2005, No
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§5206. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5207 Repealed by Acts 2005, No
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§5207. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
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. § 9:5214 Repealed by Acts 2005, No
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§5214. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5215 Repealed by Acts 2005, No
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§5215. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5216 Repealed by Acts 2005, No
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§5216. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
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.
La. Rev. Stat. § 9:5304 Enforcement of mortgage; limitations
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§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 fiduciar…
La. Rev. Stat. § 9:5305 Paraph unnecessary; proviso
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§5305. Paraph unnecessary; proviso The notes, bonds, or other obligations secured by the mortgage need not be paraphed if the act of mortgage identifies them by date, number, amount, and date when payable.
La. Rev. Stat. § 9:5306 Act of mortgage may include pledge
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§5306. Act of mortgage may include pledge The act of mortgage may include a pledge of incorporeal movables and may provide for the deposit thereof with the fiduciary.
La. Rev. Stat. § 9:5307 Substitutions, fidei commissa, or trust dispositions; laws not applicable
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§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, an…
La. Rev. Stat. § 9:5321 Definitions
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§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-fiv…