Louisiana Amended Title Opinion
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FAQ
Article 863 relates to the verification of pleadings in civil matters, emphasizing the importance of truthfulness in legal documents. This article ensures that all statements made are accurate and can affect various legal proceedings, including those concerning property transfers. A Louisiana Amended Title Opinion may help clarify how these rules apply to title documents.
A title opinion is the written opinion of an attorney, based on the attorney's title search into a property, describing the current ownership rights in the property, as well as the actions that must be taken to make the stated ownership rights marketable.
The term defective title refers to an impaired title on an asset or a piece of property. The defect or impairment on a title can be in the form of a lien, mortgage, or judgment. Because other parties can lay claim to the property or asset, the title cannot be legally transferred to someone else.
Methods include: discharge by the recording of a satisfaction of the mortgage removing the realty from the lien of the mortgage by recording a release; discharge by court order; and, in some limited cases, discharge by a filing by a third party, such as a title insurer, a court-appointed personal representative, or an
If however, this is not your debt and the lien has wrongfully been placed on your property, then you should first seek to get the creditor/lender to voluntarily release the lien. If they refuse, you could then file a lawsuit to get the lien removed and possibly obtain damages for slander of title.
Many title issues can be resolved by filing one of three common documents: A quit claim deed removes an heir and clears up title among co-owners or spouses. A release of lien/judgment removes a paid mortgage or spousal or child support lien. A deed of reconveyance records payment of a mortgage under a deed of trust.
A title insurance policy will be your best protection against those and many other title problems that may become known after you close on your transaction. The cost for the policy is a one-time fee, and the policy will remain in effect for as long as you own the property.
Title Insurance: The new alternative However, it is important to note that, unlike a title opinion, which attempts to assure good title and/or security, title insurance is meant to insure against the risks specified in the subject policy. In other words, title insurance only insures covered risks.
Property ownership in Louisiana is voluntarily transferred by a contract through the owner and the transferee. A transfer of real (immovable) property can be made by authentic act or by an act under private signature duly acknowledged (CC1839 Art. 1839).
Retrieve your original deed. Get the appropriate deed form. Draft the deed. Sign the deed before a notary. Record the deed with the county recorder. Obtain the new original deed.
