All Cancellations that are to be recorded in the Mortgage Records require a "Request for Cancellation"

Item to be canceled

Documentation required

Appearance Bond - Livingston

Motion & Order signed by Judge, Sheriff, and District Attorney (must be recorded).

Appearance Bond - out of parish

Letter from District Attorney of the particular parish or a certified copy of minutes plus Motion & Order signed by Judge of that parish's district court.

Attorney lien

Letter from Attorney who filed lien

Bankruptcy

Motion & Order from Bankruptcy Court that lists the debts to be canceled.

Building Contract

Letter signed by Owner & Contractor - must be notarized

Clerk's Certificate

See Minor's Mortgage

Court Appeal

Whoever won the appeal must give the authority to cancel by letter

Estate lien

Notarized affidavit from plaintiff who filed the lien

Funeral lien

Letter from Attorney who handled the claim for the Funeral Home or notarized affidavit signed by Funeral Home

Denham Springs City Court Judgment

Certified copy of Satisfaction from Denham Springs City Court or letter from plaintiff's attorney or notarized from plaintiff

Judgment Forfeiture Bail Bond

Motion & Order signed by Judge

Judgment

Letter from plaintiff's attorney or notarized affidavit signed by plaintiff

Justice of the Peace Judgment

Letter from Justice of the Peace with his/her seal or notarized affidavit signed by plaintiff

Labor & Material Lien

Letter from attorney if their client was the lien holder listed or notarized affidavit from whoever filed lien. A cash bond or surety bond may be filed with the clerk. The money from a cash bond must be deposited into the Registry of Court. The surety bond will be recorded in the mortgage records. The bond must be 125% of the amount on the lien.

Lis Pendens

Letter from plaintiff's attorney or a notarized affidavit signed by plaintiff

Minor's Mortgage

If minor is 22 or older at the time of cancellation, the Clerk's Office must be presented a notarized affidavit from him or her stating their date of birth and that they are of age, and granting the Clerk the authority to cancel their mortgage. If minor is under 22, the Clerk's Office must be presented a Motion and Order signed by a Judge ordering the Clerk to cancel the minor's mortgage.

Mortgage Note - FmHA

Original Promissory Note and letter of satisfaction from FmHA

Mortgage Note - Conventional

Original Promissory Note with original signatures (must be paraphed)

Mortgage Note - Original Note Lost

Effective July 1, 2006 click here for important changes in rules.

Also see LRS §9:5167E for the special case of a lost or destroyed promissory note secured by a mortgage on immovable property after receipt by a notary public who satisfied the promissory note out of the proceeds of an act of sale or mortgage executed before him.

Multiple Indebtedness Mortgage

Standard form used by banks and signed by bank. The form must be notarized. See LRS §9:5172 and LRS §9:5169

Notice of Seizure

A Letter from plaintiff's attorney or a notarized Affidavit signed by plaintiff delivered to the Sheriff starts the cancellation process.  Upon receipt of written authorization from Sheriff in accordance with LRS §13:3859, the clerk cancels the inscription.

Prescription of Liens or Judgments Notarized affidavit claiming Lien or Judgment has prescribed. The affidavit must establish that the requestor is a party in interest within the meaning of the law. Must also provide a Clerk's Civil Certificate.

Prescription of Mortgage

Notarized affidavit claiming Mortgage has prescribed (generally over 10 years after the event triggering the prescriptive period). The affidavit must establish that the requestor is a party in interest within the meaning of the law. Must also provide a Clerk's Mortgage Certificate.

Request for Notice of Seizure

Notarized Affidavit from bank

Surveyor's Lien

Notarized Affidavit from Surveyor

Tax Lien

Release from IRS or State

UCC Terminations

Must be prepared on a Louisiana approved form; Non-standard forms are acceptable at an increased fee. See UCC fees.

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