Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:5396 Maintenance of abandoned mortgaged property
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§5396. Maintenance of abandoned mortgaged property A. If a mortgagee or loan servicer receives a notice from a governing authority in accordance with R.S. 33:5062 or R.S. 33:5065 et seq., identifying certain maintenance required on the mortgaged property, the mortgagee and loan s…
La. Rev. Stat. § 9:55 Short title
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§55. Short title This Part shall be known as and may be cited as the "Women's Safety and Protection Act". Acts 2024, No. 436, §1.
La. Rev. Stat. § 9:5501 Affidavit of distinction; acknowledgment; contents; damages
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§5501. Affidavit of distinction; acknowledgment; contents; damages A.(1) An owner of immovable property with a name similar to that of a debtor against whom a judgment has been obtained and recorded may execute an affidavit of distinction before a notary public or before any auth…
La. Rev. Stat. § 9:5501.1 Sworn affidavit; form
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§5501.1. Sworn affidavit; form A. Notwithstanding the provisions of R.S. 13:841 et seq. the clerks of the several district courts shall provide to any person who makes a request the following affidavit and acknowledgment form and shall notarize and record the affidavit subject to…
La. Rev. Stat. § 9:5502 Repealed by Acts 2005, No
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§5502. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5503 Affidavit of identity; content; effect; penalty for falsifying
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§5503. Affidavit of identity; content; effect; penalty for falsifying A. If the judgment creditor cannot be located or does not comply with R.S. 9:5501, any person may execute before a notary public or any authorized employee of the clerk's office on a form provided by the clerk …
La. Rev. Stat. § 9:5504 Privileges and liens in favor of state, parish, or municipal bodies
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§5504. Privileges and liens in favor of state, parish, or municipal bodies Liens and privileges against property granted in favor of parishes or municipalities for assessments for public improvements or for reasonable charges imposed on property pursuant to the provisions of R.S.…
La. Rev. Stat. § 9:551 §§551 to 553 Repealed by Acts 1956, No
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§551. §§551 to 553 Repealed by Acts 1956, No. 111, §1
La. Rev. Stat. § 9:5521 Short title
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§5521. Short title This Chapter shall be known and may be cited as the Ship Mortgage Law. Added by Acts 1975, No. 368, §1.
La. Rev. Stat. § 9:5522 Definitions
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§5522. Definitions In this Chapter unless the context otherwise requires: (1) "Contract" means a written agreement for the construction of a ship. (2) "Ship" means a tug, pushboat, pullboat, barge, dredge, or other vessel or watercraft of more than fifty tons gross weight to be c…
La. Rev. Stat. § 9:5523 Identifying numbers
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§5523. Identifying numbers A. Every builder shall assign a hull number to each ship to be constructed by such builder. B. The builder shall affix a plaque showing the name of the builder, the hull number, and the parish in which the ship is to be constructed, to the keel of the s…
La. Rev. Stat. § 9:5524 Title to work; materials and components
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§5524. Title to work; materials and components A. Whenever a contract provides that the purchaser shall be the owner of the ship to be constructed pursuant to the contract and title to the work shall vest in the purchaser as and when performed, the work shall be deemed to have be…
La. Rev. Stat. § 9:5525 Mortgage of ships; materials and components
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§5525. Mortgage of ships; materials and components A. Whenever a contract provides that the purchaser shall be the owner of the ship to be constructed pursuant to the contract and title to the work shall vest in the purchaser as and when performed, it shall be lawful for the purc…
La. Rev. Stat. § 9:5526 Mortgage to be in writing; description and content
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§5526. Mortgage to be in writing; description and content Every mortgage of a ship subject to this Chapter entered into prior to the time Chapter 9 of the Louisiana Commercial Laws becomes effective shall be in writing and shall state the hull number of the mortgaged ship, and th…
La. Rev. Stat. § 9:5527 Authentication; filing; fee
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§5527. Authentication; filing; fee In order to affect third persons, every mortgage of a ship subject to this Chapter entered into prior to the time Chapter 9 of the Louisiana Commercial Laws becomes effective shall be by authentic act, or by private act, duly authenticated in an…
La. Rev. Stat. § 9:5528 Effect of filing; rights and privileges retained
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§5528. Effect of filing; rights and privileges retained Every mortgage of a ship shall be effective as against third persons from the time of filing in the proper offices, and the filing shall be notice to all parties of the existence of the mortgage, which shall be superior in r…
La. Rev. Stat. § 9:5529 Ship mortgage book; form
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§5529. Ship mortgage book; form For the purposes of this Chapter, it shall be sufficient for the recorders of mortgages each to keep a book to be known as the ship mortgage book, which shall be ruled off into columns, with the headings as follows: Time of filing for Recordation; …
La. Rev. Stat. § 9:5530 Cancellation; reinscription; fee
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§5530. Cancellation; reinscription; fee A. When any mortgage of a ship under this Chapter shall have been fully paid or satisfied the mortgage may be cancelled in any manner provided by law for the cancellation of mortgages on immovable property. The effect of a mortgage of a shi…
La. Rev. Stat. § 9:5531 Failure to affix hull number; removal of hull number; penalty
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§5531. Failure to affix hull number; removal of hull number; penalty If the builder shall fail to affix a plaque or to mark or stamp any materials or components, or fail to maintain records as an alternative to marking or stamping any materials or components, as provided in R.S. …
La. Rev. Stat. § 9:5532 Mortgaging with fraudulent intent; penalty
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§5532. Mortgaging with fraudulent intent; penalty If any person shall fraudulently give or attempt to give a mortgage or a security interest under Chapter 9 of the Louisiana Commercial Laws on a ship subject to this Chapter without being the owner thereof or without having the pr…
La. Rev. Stat. § 9:5533 Disposal of mortgaged ship with fraudulent intent; penalty
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§5533. Disposal of mortgaged ship with fraudulent intent; penalty Any person who, having executed a mortgage or security agreement under Chapter 9 of the Louisiana Commercial Laws on a ship subject to this Chapter, sells, assigns, exchanges, injures, destroys, conceals, or otherw…
La. Rev. Stat. § 9:5534 Acceleration of maturity date, grounds for
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§5534. Acceleration of maturity date, grounds for The obligation secured by the act of mortgage shall, at the option of the creditor or holder of the mortgage note, forthwith mature and become due and payable and the mortgagee shall be entitled to enforce the collection of the ob…
La. Rev. Stat. § 9:5535 Fraudulent release of mortgage; penalty
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§5535. Fraudulent release of mortgage; penalty If any mortgagee named in a mortgage of a ship, and not being at the time the owner and holder of the debt secured, shall fraudulently execute a release or satisfaction of said mortgage, he shall be fined not more than five hundred d…
La. Rev. Stat. § 9:5536 Remedies of creditors
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§5536. Remedies of creditors All laws and rules and all remedies and processes now or hereafter made available to creditors for the protection or enforcement of their rights under mortgages affecting immovables shall be available to creditors of obligations secured by mortgages a…
La. Rev. Stat. § 9:5537 Ship mortgage certificates; fee
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§5537. Ship mortgage certificates; fee When so requested recorders of mortgages shall furnish a certificate in the name or names requested showing all uncancelled mortgages on a ship which operate upon the ship described in the request, and shall receive as a fee therefor the sum…
La. Rev. Stat. § 9:5538 Relation to Chapter 9 of the Louisiana Commercial Laws
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§5538. Relation to Chapter 9 of the Louisiana Commercial Laws A. This Chapter shall apply to Louisiana ship mortgages that were entered into prior to the time Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.) became effective, including without limitation those …
La. Rev. Stat. § 9:5550 Definitions
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§5550. Definitions The following words, phrases, and terms as used in this Part shall be defined and construed as follows: (1) "Collateral mortgage" shall mean a mortgage that is given to secure a written obligation, such as a collateral mortgage note, negotiable or nonnegotiable…
La. Rev. Stat. § 9:5551 Effective date of a collateral mortgage
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§5551. Effective date of a collateral mortgage A. A collateral mortgage becomes effective as to third parties, subject to the requirements of registry of the collateral mortgage, when a security interest is perfected in the obligation secured by the collateral mortgage in accorda…
La. Rev. Stat. § 9:5552 Defenses to enforcement of a collateral mortgage
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§5552. Defenses to enforcement of a collateral mortgage A. If the obligor of the written obligation that the collateral mortgage secures does not raise the following defenses or claim the extinction of the collateral mortgage, then the mortgagor may not raise as a defense to the …
La. Rev. Stat. § 9:5553 Defenses to enforcement of a vendor's privilege
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§5553. Defenses to enforcement of a vendor's privilege If the obligor of the written obligation that the vendor's privilege secures does not raise the following defenses or claim the extinction of the vendor's privilege, then, as long as the effects of recordation continue in acc…
La. Rev. Stat. § 9:5554 No requirement of registry of transfer, assignment, pledge, or security interest in or of the written obligation, collateral mortgage, or vendor's privilege
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§5554. No requirement of registry of transfer, assignment, pledge, or security interest in or of the written obligation, collateral mortgage, or vendor's privilege There is no requirement that there be registry of: (1) Any evidence of pledge of the written obligation secured by a…
La. Rev. Stat. § 9:5555 Executory process in the case of notes or other obligations not paraphed for identification with the mortgage
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§5555. Executory process in the case of notes or other obligations not paraphed for identification with the mortgage A. In accordance with Code of Civil Procedure Article 2636(8), there is no requirement that a note or other written obligation secured by a mortgage be paraphed fo…
La. Rev. Stat. § 9:5556 Repealed by Acts 2005, No
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§5556. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
La. Rev. Stat. § 9:5557 Obligation to grant release of mortgage
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§5557. Obligation to grant release of mortgage A. The provisions of this Section shall apply only to mortgages recorded prior to January 1, 2012. B. Upon extinction of the mortgage, the mortgagor or his successor may request the mortgagee to provide a written act of release direc…
La. Rev. Stat. § 9:56 Purpose
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§56. Purpose The purpose of this Part is all of the following: (1) To clarify and reconcile the meaning of sex, male, female, and related terms in state law. (2) To provide protections for women and girls against sexual assault, harassment, and violence in correctional facilities…
La. Rev. Stat. § 9:5601 Crops; injury, destruction, or loss of profits; non-delivery or non-acceptance
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§5601. Crops; injury, destruction, or loss of profits; non-delivery or non-acceptance The following actions are prescribed by one year: (1) That for damages for the injury to or destruction of or the profits lost on a crop, in whole or in part, reckoning from the day the act occu…
La. Rev. Stat. § 9:5602 Contracts for work and labor; New Orleans
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§5602. Contracts for work and labor; New Orleans The following actions are prescribed by one year: (1) Those for the enforcement of any contract entered into with the municipal corporation of New Orleans for work and labor to be performed, reckoning from the expiration of the tim…
La. Rev. Stat. § 9:5603 Public ways; damages due to grading
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§5603. Public ways; damages due to grading Actions for the recovery of damages to person or property by reason of the grading of any public way by any municipality are prescribed by one year, reckoning from the time the damage was sustained.
La. Rev. Stat. § 9:5604 Actions for professional accounting liability
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§5604. Actions for professional accounting liability A. No action for damages against any accountant duly licensed under the laws of this state, or any firm as defined in R.S. 37:71, whether based upon tort, or breach of contract, or otherwise, arising out of an engagement to pro…
La. Rev. Stat. § 9:5605 Actions for legal malpractice
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§5605. Actions for legal malpractice A. No action for damages against any attorney at law duly admitted to practice in this state, any partnership of such attorneys at law, or any professional corporation, company, organization, association, enterprise, or other commercial busine…
La. Rev. Stat. § 9:5605.1 Theft of client funds; prescription
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§5605.1. Theft of client funds; prescription A. Notwithstanding the provisions of R.S. 9:5605, prescription of a claim of theft or misappropriation of funds of a client by the client's attorney shall be interrupted by the filing of a complaint with the Office of Disciplinary Coun…
La. Rev. Stat. § 9:5605.2 Collectability rule
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§5605.2. Collectability rule In any action for damages by a client against an attorney, the client's recovery against the attorney shall be limited to the amount of damages which the attorney shows by a preponderance of the evidence would have been the maximum amount of damages t…
La. Rev. Stat. § 9:5606 Actions for professional insurance agent liability
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§5606. Actions for professional insurance agent liability A. No action for damages against any insurance agent, broker, solicitor, or other similar licensee under this state, whether based upon tort, or breach of contract, or otherwise, arising out of an engagement to provide ins…
La. Rev. Stat. § 9:5607 Actions against a professional engineer, surveyor, professional interior designer,
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§5607. Actions against a professional engineer, surveyor, professional interior designer, architect, real estate developer; peremptive periods A. No action for damages against any professional engineer, surveyor, engineer intern, surveyor intern, or licensee as defined in R.S. 37…
La. Rev. Stat. § 9:5608 Actions against home inspectors
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§5608. Actions against home inspectors A. No action for damages against any home inspector duly licensed under the laws of this state or against any home inspection company, whether based in tort, breach of contract, or otherwise, arising out of a home inspection or report perfor…
La. Rev. Stat. § 9:5609 Contracts to buy or sell; peremption of the effect of recordation; prescription for actions
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§5609. Contracts to buy or sell; peremption of the effect of recordation; prescription for actions A. The effect of recording in the conveyance records of a contract to buy or sell an immovable shall cease one year from the date of its recordation, unless prior thereto one of the…
La. Rev. Stat. § 9:5610 Actions against real estate appraisers, appraisal management companies, and real
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§5610. Actions against real estate appraisers, appraisal management companies, and real estate appraisal companies; prescriptive and peremptive periods A. No action for damages against any real estate appraiser or appraisal management company duly licensed under the laws of this …
La. Rev. Stat. § 9:5621 Acts of succession representative
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§5621. Acts of succession representative Actions against any person who has served as curator of a vacant succession or as administrator, testamentary executor, or dative testamentary executor of a succession in this state, or against the surety on his bond, arising out of any ac…
La. Rev. Stat. § 9:5622 Informalities in auction sales, two and five year prescription
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§5622. Informalities in auction sales, two and five year prescription. All informalities of legal procedure connected with or growing out of any sale at public auction or at private sale of real or personal property made by any sheriff of the Parishes of this State, licensed auct…
La. Rev. Stat. § 9:5623 Acts of sheriff; overpayments
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§5623. Acts of sheriff; overpayments The following actions against sheriffs and their sureties are prescribed by two years, reckoning from the day of the act of omission or commission: (1) Those for the recovery of damages arising out of any act of misfeasance or nonfeasance by t…