| 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. |