Louisiana Civil Code

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CHAPTER 2 - MORTGAGE RECORDS


SECTION 1 - GENERAL PROVISIONS

Art. 3354. 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. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]

Art. 3355. 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. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]

Art. 3356. A. A transferee of an obligation secured by a mortgage, pledge, or privilege is not bound by any unrecorded act releasing, amending, or otherwise modifying the mortgage, pledge, or privilege if he is a third person with respect to that unrecorded act.
B. A recorded transfer, modification, amendment, or release of a mortgage, pledge, or privilege made by the obligee of record is effective as to a third person notwithstanding that the obligation secured by the mortgage, pledge, or privilege has been transferred to another.
C. For the purpose of this Chapter, the obligee of record of a mortgage, pledge, or privilege is the person identified by the mortgage records as the obligee of the secured obligation. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]


SECTION 2 - METHOD AND DURATION OF RECORDATION

Art. 3357. Except as otherwise expressly provided by law, the effect of recordation of an instrument creating a mortgage or pledge or evidencing a privilege ceases ten years after the date of the instrument. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]

Art. 3358. If an instrument creating a mortgage or pledge or evidencing a privilege describes the maturity of any obligation secured by the mortgage, pledge, or privilege and if any part of the described obligation matures nine years or more after the date of the instrument, the effect of recordation ceases six years after the latest maturity date described in the instrument. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]

Art. 3359. The effect of recordation of a judgment creating a judicial mortgage ceases ten years after the date of the judgment. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006]

Art. 3360. A. The effect of recordation of a legal mortgage over the property of a natural tutor, or of a special mortgage given for the faithful performance of his duties by a tutor or a curator of an interdict, ceases four years after the tutorship or curatorship terminates, or, if the tutor or curator resigns or is removed, four years after the judgment that authorizes the resignation or removal.
B. The effect of recordation of a special mortgage given for the faithful performance of his duties by a curator of an absent person or by a succession representative ceases four years after homologation of his final account, or, if the curator or representative resigns or is removed, four years after the judgment that authorizes that resignation or removal. In any event, the effect of recordation ceases ten years after the date of the act of mortgage. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006]

Art. 3361. If before the effect of recordation ceases an instrument is recorded that amends a recorded mortgage, pledge, or privilege to describe or modify the maturity of a particular obligation that it secures, then the time of cessation of the effect of the recordation is determined by reference to the maturity of the obligation last becoming due described in the mortgage, pledge, or privilege as amended. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]

Art. 3362. A person may reinscribe a recorded instrument creating a mortgage or pledge or evidencing a privilege by recording a signed written notice of reinscription. The notice shall state the name of the mortgagor or pledger, or the name of the obligor of the debt secured by the privilege as it appears in the recorded instrument, as well as the registry number or other appropriate recordation information of the instrument or of a prior notice of reinscription, and shall declare that the instrument is reinscribed. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]

Art. 3363. The method of reinscription provided in this Chapter is exclusive. Neither an amendment of an instrument creating a mortgage or pledge, or evidencing a privilege nor an acknowledgment of the existence of a mortgage, pledge, or privilege by the mortgagor, pledger, or the obligor constitutes a reinscription of the instrument. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]

Art. 3364. A notice of reinscription that is recorded before the effect of recordation ceases continues that effect for ten years from the date the notice is recorded. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006]

Art. 3365. A notice of reinscription that is recorded after the effect of recordation of the instrument sought to be reinscribed has ceased, again produces the effects of recordation, but only from the time the notice of reinscription is recorded. The effect of recordation pursuant to this Article shall continue for ten years from the date on which the notice of reinscription is recorded, and the instrument may be reinscribed thereafter from time to time as provided by Article 3362.
Reinscription pursuant to this Article does not require that the mortgage or pledge or evidence of privilege be again recorded, even if the original recordation is cancelled. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]


SECTION 3 - CANCELLATION

Art. 3366. A. The recorder of mortgages shall cancel, in whole or in part and in the manner prescribed by law, the recordation of a mortgage, pledge, or privilege upon receipt of a written request for cancellation in a form prescribed by law and that:
(1) Identifies the mortgage, pledge, or privilege by reference to the place in the records where it is recorded; and
(2) Is signed by the person requesting the cancellation.
B. The effect of recordation of the instrument ceases upon cancellation by the recorder pursuant to the provisions of this Article. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]

Art. 3367. If the effect of recordation of a mortgage, pledge, or privilege has ceased for lack of reinscription, the recorder upon receipt of a written signed application shall cancel its recordation. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]

Art. 3368. Notwithstanding the reinscription of a judicial mortgage created by the filing of a judgment of a court of this state, the recorder shall cancel the judicial mortgage upon any person’s written request to which is attached a certificate from the clerk of the court rendering the judgment that no suit or motion was filed for its revival within the time required by Article 3501 or of a certified copy of a final and definitive judgment of the court rejecting the demands of the plaintiff in a suit or motion to revive the judgment. [Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. July 1, 2006; Amended by Acts 2014, No. 281, §1, eff. Jan. 1, 2015]

Arts. 3369-3399. [Repealed. Acts 1992, No. 1132, §1, eff. Jan. 1, 1993]

Arts. 3400-3404. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Arts. 3405-3411. [Repealed. Acts 1992, No. 1132, §1, eff. Jan. 1, 1993]