CHAPTER 2. MORTGAGE RECORDS SECTION 1. GENERAL PROVISIONS Art. 3354. Applicability 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., […]
Art. 3355. Mortgage, pledge, or privilege affecting property in several parishes 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 […]
Art. 3356. Transfers, amendments, and releases 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 […]
Art. 3357. Duration; general rule 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. […]
Art. 3358. Duration of recordation of certain mortgages, pledges, and privileges 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, […]
Art. 3359. Duration of recordation of judicial mortgage 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. Nov. 29, 2005. NOTE: Acts 2005, 1st Ex. Sess., […]
Art. 3360. Duration of recordation of mortgage given by tutor, curator, or succession representative 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 […]
Art. 3361. Effect of amendment 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 […]
Art. 3362. Method of reinscription 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 pledgor, or the name of the obligor of the debt secured by the privilege, as it […]
Art. 3363. Method of reinscription exclusive 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, pledgor, or obligor, constitutes a reinscription of the instrument. […]
Art. 3364. Effect of timely recordation of notice of reinscription 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. Nov. […]
Art. 3365. Effect of notice recorded after cessation of effect of recordation 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 that the notice of reinscription is recorded. The effect of recordation […]
