RS 9:5168
If a qualifying promissory note is lost or destroyed, payment can be proved by a sworn affidavit that meets this section’s requirements.
- Affidavit proof
- Lost promissory note
- Mortgage cancellation
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If a qualifying promissory note is lost or destroyed, payment can be proved by a sworn affidavit that meets this section’s requirements.
A cancellation request for certain mortgages or privileges must include a supporting notarized or self-proving act, and an assignee’s request must also include identifying record details.
Section 9:5169.1 was repealed.
To cancel a mortgage or privilege securing a paraphed obligation, the requester must attach either the marked original obligation or an authentic act with specific identifying and declaratory language; the recorder must make and attach a duplicate and return the original when the stated conditions are met.
A cancellation request based on a sheriff’s, marshal’s, or similar officer’s certificate must include a certified copy of the order, decree, or other instrument showing the cancellation or extinction.
A licensed financial institution may attach a signed written act to a request for cancellation or partial cancellation instead of following the referenced release provisions.
A financial institution may use a standard cancellation form, and local recorders must accept it. Other forms meeting R.S. 9:5172 may also be filed.
A financial institution may use the specified form to request a partial mortgage or privilege cancellation, and the recorder of mortgages must accept it as compliant.
A person who submits or signs a false act or declaration that leads the recorder to wrongly cancel a mortgage or privilege may be personally liable and must indemnify the recorder and anyone who relied on the cancellation.
A bankruptcy discharge can support cancellation of a recorded judgment or judicial mortgage, and the recorder must partially cancel a judgment when a compliant affidavit is filed.
If a bankruptcy sale order does not name the liens or similar claims to be cancelled, a Louisiana licensed attorney may identify them by affidavit, and the affidavit and Request to Cancel must be filed with supporting bankruptcy-order copies in the parish mortgage records.
Certain persons must, within 30 days after a written request from an immovable owner, deliver a written acknowledgment that their rights are extinguished.
Section 5177 was repealed, effective July 1, 2006.
This section was repealed, effective July 1, 2006.
This section was repealed, effective July 1, 2006.
Section 5180 was repealed.
This section was repealed, effective July 1, 2006.
This section was repealed.
This section was repealed.
This section was repealed.
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