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The Mortgage Department is organized into
workgroups or sections which specialize in the processing of
documents and activities peculiar to each of the following
areas:
Recording Desk
Mortgages
Conveyances
Indexing
Mortgage
and Other Cancellations
Mapping
Recording Desk The Recording Desk is where conveyances, mortgages
and other documents actually become part of the public records of
Livingston Parish. When a document is received at the recording
desk, the deputy clerk stamps it with a unique instrument number and
an Index Book and Page number. The stamp also records the date,
hour, and minute of filing.
The Louisiana Revised Statutes
establish acceptable document formats and prescribe an
additional ten-dollar noncompliance fee per document for any
document that fails to comply.
LRS §13:844D(1) states that "...
every document filed for recordation shall be captioned as to
type of act on the first page, and shall have on the first page
a margin of two inches at the top, and one inch at the bottom
and sides. The type size shall not be less than eight point."
LRS §9:5217B specifically imposes the same requirements for
multiple indebtedness
mortgages.
Unlike most other states, original
documents sent to the Clerk of the District Court and Ex-Officio
Recorder are not returned to the sender. The Louisiana Civil Code
provided that documents deposited with the recorder become part of
the parish archives. The filing party may obtain certified copies of
the original documents with the Clerk's endorsement at the time of
filing from the Recording Desk. After filing, copies may be obtained
from the Mortgage or Conveyance sections.
The Recording Desk accepts and files,
free of charge, Oaths of Office of notaries, sheriff's deputies,
deputy clerks of court, and other parish officials as well as
military discharge forms, medical certificates, and ordination
papers.
The recording clerks also maintain a
daily synopsis of recorded documents called the "daybook;" and they
separate the day's recorded documents into Mortgage, Conveyance,
Charters, Maps and Miscellaneous categories. At the end of each day
the documents are distributed to the appropriate personnel for error
checking and indexing the next business day.
A Recording Fee schedule has been posted,
see Recording
Fees.
For further information about Recording,
please call 225.686.2216.
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Mortgage Section The Mortgage Section issues Mortgage
Certificates and Non-lien
Certificates. Louisiana law requires that all requests for
certificates be in writing. Written requests for certificates,
in the appropriate form, may also be faxed to the department at
225.686.1867. For information on UCC Search Certificates, see
the Conveyance
Section.
Mortgage Certificates Mortgage Certificates are issued on a first-come,
first-served basis. You must provide the exact name(s) you want us
to check and the legal property description. If a legal property
description in not available, please contact 225.686.2216 and ask
for the Mortgage Department.
A Mortgage Certificate, more correctly
called a "Certificate of Non-Mortgage" is not a title opinion and
makes no representation as to who might actually own the property
described on the certificate.
When requesting a Mortgage Certificate in
support of a Property Bond, you must provide the assessment sheet,
which may only be obtained from the Parish Assessor's
office.
Non-Lien (Clear Lien)
Certificates Non-Lien Certificates (also called Clear Lien Certificates)
are also issued by the Mortgage Section. The request must be made in
writing and it must include the name(s) you want us to check, the
date the contract was signed, a brief description of the work, and
the project number or name. Unless otherwise specified, the Non-Lien
Certificate will be issued as of the date requested.
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For additional information about the
Mortgage Department call 225.686.2216 or fax a written question
addressed to the "LPCC Mortgage Department" at
225.686.1867.
Conveyance Section The deputy clerks of the Conveyance Section assist
the general public in researching the property records kept on file
in the Clerk's Office. All property transactions, mineral leases,
restrictions, subdivision maps, and other recordings are accessible
through either a written or computerized index. As of the Fall of
2002, both the written and computerized index systems date back to
1875.
The Conveyance Section also provides
large-screen computer viewing stations for public use. Real estate
agents, surveyors, appraisers, abstractors, and attorneys are
encouraged to come in and use these facilities. Our staff provides
assistance free of charge.
UCC Search Certificates UCC searches are performed and Certificates are issued by
the Conveyance Section. Requests must be in writing; either on a
Louisiana approved Form UCC11 or by letter. If by letter, you must
indicate at least the debtor's exact full legal name.
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For additional information about the
Mortgage Department call 225.686.2216 or fax a written question
addressed to the "LPCC Mortgage Department" at
225.686.1867.
Indexing
Section The
Indexing Section is responsible for inputting the details of
mortgage, conveyance, and charter documents into the Clerk's
computer system. This process is known as "indexing." Certain
miscellaneous documents are maintained in manual index books. The
Indexing Section handles them as well.
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For additional information about the
Mortgage Department call 225.686.2216 or fax a written question
addressed to the "LPCC Mortgage Department" at
225.686.1867.
Mortgage Cancellation
Section The
Mortgage Cancellation Section performs all "cancellations"
of mortgage notes and issues certificates to that effect. A
$10.00 fee is charged for each encumbrance canceled by the
Clerk. The $10.00 cancellation fee is in addition to any
recording fees or copy fees incidental to the
cancellation.
For example, the total cost of
recording a one-page Request for Cancellation by Licensed Financial Institution and canceling the
related mortgage would be $45.50 ($35.50
recording fee plus $10.00 cancellation
fee).
Cancellations - Effective July 1, 2006 the
rules have changed. Click here to read an important
message. When you pay off a mortgage on real estate located
in Livingston Parish, you need to make sure your mortgage gets
cancelled. It's the borrower, not the lender, that may be adversely
affected if the mortgage is not cancelled. Sometimes the
lending institution will handle the cancellation for you; but,
regardless of who wishes to cancel a mortgage, we require the
original note marked "paid" on its face .
If the original note has been lost,
contact your mortgage company or other lender and ask them to
prepare a lost note affidavit. We will only accept the original
affidavit --- no faxes and no copies.
For more information on the
documentation required to cancel a mortgage or other encumbrance,
click here.
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For additional information about the
Mortgage Department call 225.686.2216 or
fax a written question addressed to the "LPCC Mortgage Department"
at 225.686.1867.
Mapping Section The mapping section is responsible for the filing
of all survey maps in the computerized mapping index. All recorded
maps are transferred to a separate map index that contains pertinent
search information including for whom the map was prepared, the
property's size, its location and the name of the
surveyor.
Finding and making copies of surveys or
plats is one of our office's most requested services. Louisiana law
does not require that a survey of conveyed property be recorded
and/or separately indexed. So, in many instances, surveys have not
been recorded; or, even if recorded, they may not be
retrievable.
The staff of the mapping section is
currently reviewing old real estate sales documents in search of
maps that may have been recorded as part of a conveyance but are not
currently in the mapping index. As they are discovered, the staff is
digitizing and indexing them into the system.
For maps that are in our inventory,
mapping section staff have the capability to reproduce even large
subdivision types. If you need or want a map that is not currently
retrievable in our system, you may be able to obtain a copy from the
surveyor who prepared the original work.
Clerk of Court Tom Sullivan, in a joint
effort with Assessor Jeff Taylor, has contracted for a new
up-to-date parish ownership map. As of July, 2002, this project is
approximately 1/3 complete. When it is finished, it will provide a
valuable service to those attempting to locate owners of Livingston
Parish real property.
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For additional information
about the Mortgage Department call 225.686.2216 or fax a written
question addressed to the "LPCC Mortgage Department" at
225.686.1867. |