Mortgages and Conveyances
The Recording Desk is where conveyances, mortgages, and other documents 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 $10 noncompliance fee per document for any document that fails to comply.
LRS §13:844D(1) states “… 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 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 – the following:
- Oaths of Office of notaries, sheriff’s deputies, deputy clerks of court, and other parish officials
- Military discharge forms
- Medical certificates
- Ordination papers
The recording clerks also maintain a daily synopsis of recorded documents called the daybook. The day’s recorded documents are separated into mortgage, conveyance, charters, maps, and miscellaneous categories. The documents are distributed to the appropriate personnel for error checking and indexed the next business day.
The Mortgage Section issues mortgage certificates and non-lien certificates. Louisiana law requires all certificate requests be in writing. Written requests for certificates, in the appropriate form, may also be faxed to the department at 225-686-1867.
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 the Mortgage Department at 225-686-2216.
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 can be obtained from the Parish Assessor’s office.
Non-Lien (Clear Lien) Certificates
Non-Lien Certificates – also called Clear Lien Certificates – are issued by the Mortgage Section. The request must be made in writing and 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 on the date requested.
The Mortgage Cancellation section performs all mortgage note cancellations and issues certificates to that effect.
As of July 1, 2006, when you pay off a mortgage on real estate located in Livingston Parish, it’s your responsibility 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. 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. We will only accept the original documents – no faxes and no copies.
NOTICE: Act 169 of 2005, concerning the law of registry went into effect July 1, 2006. Among other things, the Act makes significant changes in the area of mortgage cancellations and how to request a cancellation. We have revised our request to cancel form to be in compliance with LA Civil Code Article 3366. Pertinent forms and documents are available for download on our Commonly Used Forms page.
Lost note affidavits have been, for the most part, replaced under LRS 44:109, which authorizes an authentic or authenticated act from a licensed financial institution to direct the Clerk to cancel the mortgage inscription. In short, you are no longer able to cancel based upon a lost note affidavit, except in the case of a notary who lost the note. If an individual holder (namely not a licensed financial institution) loses a paraphed note, the law requires a mandamus to cancel.
The changes in the laws of registry are many. Please take some time to review Act 169 in its entirety. Any documents received by the Clerk’s office after July 1, 2006, must be in compliance with the new law.
The deputy clerks of the Conveyance Section assist the general public in researching property records kept on file in the Clerk’s office. All property transactions, mineral leases, restrictions, subdivision maps, and other recordings can be accessed through a written or computerized index. Both the written and computerized index systems date back to 1875.
Located in the Conveyance Section are large-screen computer viewing stations for public use. Real estate agents, surveyors, appraisers, abstractors, and attorneys are encouraged to use these facilities. Our staff provides assistance free of charge.
UCC Search Certificates
The Conveyance Section performs UCC searches and issues certificates. Requests must be in writing, either on a Louisiana approved Form UCC11 or by letter. If by letter, you must indicate, at minimum, the debtor’s exact full legal name.
The Mapping Section is responsible for filing 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 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 continuously 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 in our inventory, Mapping Section staff can reproduce even large subdivision types. If you need or want a map 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. It provides a valuable service to those attempting to locate owners of Livingston Parish real property. The maps can be viewed at www.livingstonassessor.com.
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. The Indexing Section also maintains certain miscellaneous documents in manual index books.