- US Legal Forms
- Localized Forms
- Louisiana
- Baton Rouge
-
Louisiana Satisfaction...
Baton Rouge Louisiana Satisfaction, Release or Cancellation of Mortgage by Individual
Description
Related forms
View Phoenix Agency Agreement with Agent for Owner of Real Estate Development Project
View Phoenix Specific Guaranty
View Phoenix Certificate of Unanimous Consent of Directors and Shareholders to Sign and Deliver a Promissory Note
View Phoenix Notice to Tenant Regarding Property Having Been Sold
View Phoenix Charitable Gift Annuity
How to fill out Baton Rouge Louisiana Satisfaction, Release Or Cancellation Of Mortgage By Individual?
Do you need a reliable and inexpensive legal forms provider to buy the Baton Rouge Louisiana Satisfaction, Release or Cancellation of Mortgage by Individual? US Legal Forms is your go-to option.
Whether you require a basic arrangement to set regulations for cohabitating with your partner or a set of documents to move your separation or divorce through the court, we got you covered. Our website provides over 85,000 up-to-date legal document templates for personal and business use. All templates that we offer aren’t generic and framed in accordance with the requirements of separate state and area.
To download the form, you need to log in account, find the required template, and click the Download button next to it. Please keep in mind that you can download your previously purchased document templates anytime from the My Forms tab.
Is the first time you visit our platform? No worries. You can create an account in minutes, but before that, make sure to do the following:
- Find out if the Baton Rouge Louisiana Satisfaction, Release or Cancellation of Mortgage by Individual conforms to the laws of your state and local area.
- Go through the form’s description (if available) to find out who and what the form is intended for.
- Start the search over if the template isn’t good for your legal situation.
Now you can register your account. Then choose the subscription option and proceed to payment. As soon as the payment is completed, download the Baton Rouge Louisiana Satisfaction, Release or Cancellation of Mortgage by Individual in any available file format. You can return to the website when you need and redownload the form free of charge.
Finding up-to-date legal documents has never been easier. Give US Legal Forms a try today, and forget about spending hours learning about legal paperwork online once and for all.
Form Rating
Form popularity
FAQ
Where do I record my Satisfaction of Mortgage when complete? The Satisfaction of Mortgage should be filed with the County Recorder or City Registrar. This will acknowledge and document, that the previously obtained mortgage has been paid in full and there is no longer a lien on the property.
Terminating Your Mortgage Application. If you need to cancel a pending mortgage application, call your loan officer or broker immediately. In most cases, you have a three-day window to cancel the application and recover any paid fees. Tell the lender you want to cancel the pending application and provide a reason.
Borrowers who can no longer afford to stay in their home may consider a Mortgage Release?, also known as a deed-in-lieu of foreclosure, to avoid foreclosure. This is also a good alternative for homeowners who are unable to sell their property, whether for a full payoff or a short sale.
A release assignment or satisfaction of mortgage form is a document stating that the lender has released the homeowner from all liability regarding her mortgage. The release assignment must be recorded at the local land office in order to be valid.
You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner's name from the property deed and the mortgage.
A Satisfaction of Mortgage, sometimes called a release of mortgage, is a document that acknowledges that the terms of a Mortgage Agreement have been satisfied, meaning that a borrower has repaid their mortgage loan to the lender.
Releasing a mortgage lien often involves two or three signatures. Depending on your state, the person who's given the mortgage, the borrower, and the lender may be required to sign the release. In many states, a notary public signature and, possibly, a seal, is also needed to have a legal release of lien.
A Satisfaction of Mortgage, sometimes called a release of mortgage, is a document that acknowledges that the terms of a Mortgage Agreement have been satisfied, meaning that a borrower has repaid their mortgage loan to the lender.
A deed of release literally releases the parties to a deal from previous obligations, such as payments under the term of a mortgage because the loan has been paid off. The lender holds the title to real property until the mortgage's terms have been satisfied when a deed of release is commonly entered into.
A satisfaction of mortgage is a document that proves the borrower has paid off the mortgage in full, freeing the loan's lien on the property and giving the title to the borrower.
Baton Rouge Louisiana Satisfaction, Release or Cancellation of Mortgage by Individual Related Searches
-
la r.s. 9 5169
-
la r.s. 9 5170
-
la r.s. 9:5172
-
louisiana mortgage cancellation form
-
louisiana secretary of state
-
la. r.s. 9:5169
-
la r.s. 9:5172
-
la r.s. 9 5170
-
st tammany parish clerk of court
-
jefferson parish clerk of court
Interesting Questions
Baton Rouge Satisfaction refers to the process of paying off a mortgage loan in full, resulting in the release of the mortgage lien on a property.
To ensure the release of your mortgage in Baton Rouge, you need to pay off the remaining balance on your loan, including any interest or fees, and then request a Satisfaction of Mortgage document from your lender.
Yes, you can cancel your mortgage in Baton Rouge by paying off the remaining loan balance in full. Once paid, you can request a Satisfaction of Mortgage document to release the lien on your property.
A Satisfaction of Mortgage is a legal document issued by the lender or mortgage holder, acknowledging that the mortgage loan has been paid in full and the lien on the property has been released.
The timeframe for receiving a Satisfaction of Mortgage can vary. It typically takes a few weeks for the lender to process your request and provide you with the document. However, it's recommended to follow up with the lender if there are any delays.
If you haven't received your Satisfaction of Mortgage within the expected timeframe, it's advisable to contact your lender directly. They will be able to provide you with an update on the status of your request.
More info
Trusted and secure by over 3 million people of the world’s leading companies
-
No results found.
-
Louisiana
-
Alabama
-
Alaska
-
Arizona
-
Arkansas
-
California
-
Colorado
-
Connecticut
-
Delaware
-
District of Columbia
-
Florida
-
Georgia
-
Hawaii
-
Idaho
-
Illinois
-
Indiana
-
Iowa
-
Kansas
-
Kentucky
-
Maine
-
Maryland
-
Massachusetts
-
Michigan
-
Minnesota
-
Mississippi
-
Missouri
-
Montana
-
Nebraska
-
Nevada
-
New Hampshire
-
New Jersey
-
New Mexico
-
New York
-
North Carolina
-
North Dakota
-
Ohio
-
Oklahoma
-
Oregon
-
Pennsylvania
-
Rhode Island
-
South Carolina
-
South Dakota
-
Tennessee
-
Texas
-
Utah
-
Vermont
-
Virginia
-
Washington
-
West Virginia
-
Wisconsin
-
Wyoming
Assignments Generally: Lenders, or holders of mortgages or deeds of trust, often assign mortgages or deeds of trust to other lenders, or third parties. When this is done the assignee (person who received the assignment) steps into the place of the original lender or assignor. To effectuate an assignment, the general rules is that the assignment must be in proper written format and recorded to provide notice of the assignment.
Satisfactions Generally: Once a mortgage or deed of trust is paid, the holder of the mortgage is required to satisfy the mortgage or deed of trust of record to show that the mortgage or deed of trust is no longer a lien on the property. The general rule is that the satisfaction must be in proper written format and recorded to provide notice of the satisfaction. If the lender fails to record a satisfaction within set time limits, the lender may be responsible for damages set by statute for failure to timely cancel the lien. Depending on your state, a satisfaction may be called a Satisfaction, Cancellation, or Reconveyance. Some states still recognize marginal satisfaction but this is slowly being phased out. A marginal satisfaction is where the holder of the mortgage physically goes to the recording office and enters a satisfaction on the face of the the recorded mortgage, which is attested by the clerk.
Louisiana Law
Assignment: It is recommended that an assignment be in writing and recorded immediately.
Demand to Satisfy: Upon full payoff, mortgagor may make written request to mortgagee to produce the satisfied promissory note or an instrument of release in a form sufficient to bring about the cancellation of the inscription of the recorded mortgage to the mortgagor, whereupon mortgagee must do so within 30 days (60 days if domiciled outside of Louisiana) or suffer liability.
Recording Satisfaction: The recorder of mortgages for the parish of Orleans, and the clerk of court and ex-officio recorder of mortgages of any other parish of the state, shall cancel from the records of his office the inscription of a mortgage upon presentation to him by the debtor thereunder of the original note or sufficient reproduction thereof. (See below, sec. 9:5167)
Marginal Satisfaction: The recorder cancells the mortgage by certification written upon the note.
Penalty: If mortgagee fails to timely comply with written demand for satisfaction as described above (see, Demand to Satisfy), mortgagee is liable for all damages and costs resulting from said failure, including reasonable attorney fees.
Acknowledgment: An assignment or satisfaction must contain a proper Louisiana acknowledgment, or other acknowledgment approved by Statute.
Louisiana Statutes
9:5167.Cancellation of mortgage or vendor's privilege by affidavit of notary or title insurer where paraphed note or other evidence is lost or destroyed
A.(1) When a promissory note paraphed for identification with a mortgage or act creating a vendor's privilege on immovable property has been lost or destroyed after receipt by the notary public who satisfied the promissory note out of the proceeds of an act of sale or mortgage executed before him, or with funds given to him for that purpose, the clerk of court or recorder of mortgages may cancel the mortgage or vendor's privilege upon receipt of an affidavit from the notary public. The affidavit shall set forth all of the following:(a) The name of the mortgagor or obligor of the privilege as it appears in the recorded mortgage or vendor's privilege and recordation information.
(b) A description of the paraphed promissory note and the property.
(c) A statement that the affiant or someone under his direction did satisfy the promissory note.
(d) That the affiant or someone under his direction:
(i) Received the note marked "Paid in Full" from the last holder of the note, and that the note was lost or destroyed while in the affiant's custody; or
(ii) Has confirmed that the last holder of the paraphed note received payment in full and sent the note and the note was never received.
(e) That the affiant agrees to be personally liable to and indemnify the recorder of mortgages and any person relying upon the cancellation by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel the recordation of a mortgage or privilege.
(f) A statement that the affiant has made a due and diligent search for the note, the note cannot be located, and sixty days have elapsed since payment or satisfaction of the note.
(2) No mandamus proceeding is required to use the provisions of this Subsection.
(3) A person who signed an affidavit that is provided to the recorder of mortgages pursuant to this Subsection and that contains materially false or incorrect statements causing the recorder to incorrectly cancel the recordation of a mortgage or privilege is liable to and shall indemnify the recorder and any person relying upon the cancellation for any damages that they may suffer as a consequence of such reliance.
(4) The recorder of mortgages shall not be liable for any damages resulting to any person or entity as a consequence of canceling a mortgage or vendor's privilege pursuant to an affidavit which complies with this Subsection.
B.(1) When a paraphed promissory note or other evidence sufficient to cause a cancellation of a mortgage or vendor's privilege is lost or destroyed, and all obligations secured by the mortgage or vendor's privilege have been satisfied, the recorder of mortgages shall cancel the mortgage or vendor's privilege upon receipt of an affidavit from an officer of a licensed title insurer that has issued or issues a title insurance policy covering the immovable property encumbered by the mortgage or vendor's privilege. The affidavit shall set forth all of the following:
(a) A description of the instrument that was lost or destroyed and an affirmative statement that the instrument has been lost or destroyed.
(b) The name of the mortgagor or obligor of the privilege as it appears in the recorded mortgage or vendor's privilege, and recordation number or other appropriate recordation information.
(c) A statement that all obligations secured by the mortgage or vendor's privilege have been satisfied.
(d) A declaration that the title insurer agrees to be liable to and indemnify the recorder of mortgages and any person relying upon the cancellation by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel the recordation of a mortgage or privilege.
(e) A statement that the affiant has made a due and diligent search for the lost or destroyed instrument, the lost or destroyed instrument cannot be located, and sixty days have elapsed since payment or satisfaction of the secured obligation.
(2) No mandamus proceeding is required to use the provisions of this Subsection.
(3) A title insurer whose officer has signed an affidavit that is provided to the recorder of mortgages pursuant to this Subsection and that contains materially false or incorrect statements causing the recorder to incorrectly cancel the recordation of a mortgage or privilege is liable to and shall indemnify the recorder and any person relying upon the cancellation for any damages that they may suffer as a consequence of such reliance.
(4) The recorder of mortgages shall not be liable for any damages resulting to any person or entity as a consequence of canceling a mortgage or vendor’s privilege pursuant to an affidavit which complies with this Subsection.
Acts 1988, No. 986, §1; Acts 2005, No. 169, §8, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2007, No. 337, §1.
5167.1. Cancellation of mortgage inscription by affidavit; penalties
A. A mortgagee shall execute and deliver sufficient acceptable documentation, as required by the clerk of court and ex officio recorder of mortgages for the cancellation of a mortgage, to the mortgagor or the mortgagor’s designated agent within sixty days after the date of receipt of full payment of the balance owed on the debt secured by the mortgage in accordance with a payoff statement. The payoff statement shall be furnished by the mortgagee or its mortgage servicer. If the mortgagee fails to execute and deliver acceptable documentation, an authorized officer of a title insurance business, the closing notary public, or the notary public for the person or entity which made the payment may, on behalf of the mortgagor or an owner of the property encumbered by the mortgage, execute an affidavit that complies with the requirements of this Section and record the affidavit in the mortgage records of each parish in which the mortgage was recorded.B. An affidavit executed under this Section shall state that:
(1) The affiant is an authorized officer of a title insurance business, the closing notary public, or the attorney for the person or entity which made the payment.
(2) The affidavit is made on behalf of the mortgagor or an owner of the property encumbered by the mortgage.
(3) The mortgagee provided a payoff statement with respect to the loan secured by the mortgage.
(4) The affiant has ascertained that the mortgagee has received payment of the loan secured by the mortgage in accordance with the payoff statement, as evidenced by:
(a) A bank check, certified check, or escrow account check which has been negotiated by or on behalf of the mortgagee; or
(b) Other documentary evidence of the receipt of payment by the mortgagee, including but not limited to verification that the funds were wired to the mortgagee.
(5) More than sixty days have elapsed since the date payment was received by the mortgagee and the mortgagee has not returned documentary authorization for cancellation of the mortgage.
(6) The mortgagee has been given at least fifteen days notice in writing of the intention to execute and record an affidavit in accordance with this Section, with a copy of the proposed affidavit attached to the written notice.
C. The affidavit shall include the names of the mortgagor and the mortgagee, the date of the mortgage, and the book and page, or folio, or clerk’s file number of the immovable property records where the mortgage is recorded, together with similar information for a recorded assignment of the mortgage.
D. The affiant shall attach to the affidavit the documentary evidence that payment has been received by the mortgagee including a copy of the payoff statement. Evidence of payment may include a copy of the canceled check indicating endorsement by the mortgagee or other documentary evidence described in Subsection B.
E. An affidavit executed and recorded as provided by this Section shall constitute a release of and an authority to cancel the mortgage described in the affidavit. The clerk of court and ex officio recorder of mortgages may rely on the sworn statements contained within the affidavit and has no duty to traverse the contents thereof.
F. The clerk of court and ex officio recorder of mortgages shall index the affidavit in the names of the original mortgagee and the last assignee of the mortgage appearing of record as the grantors and in the name of the mortgagor as grantee, and shall cancel the inscription of the mortgage and assignments from the mortgage records.
G. The intentional falsification of information by the affiant in an affidavit filed in the office of the recorder of mortgages is subject to the provisions of R.S. 14:132, governing the crime of injuring public records. The affiant shall also be liable for any damages, attorney fees, and expenses occasioned by a fraudulently executed affidavit.
H. As used in this Section:
(1) Attorney for the person or entity making payment is an attorney licensed to practice law in this state who certifies in the affidavit that he is authorized to make the affidavit on behalf of the person or entity making payment.
(2) Closing shall have the same meaning as provided in R.S. 22:512(2) and (15).
(3) Closing notary public is the duly commissioned notary public who executes the required documents or performs notarial functions at the closing.
(4) Payoff statement is the statement of the following:
(a) The unpaid balance of a loan secured by a mortgage, including principal, interest, and other charges properly assessed under the loan documentation of the mortgage.
(b) The interest on a per diem basis for the unpaid balance.
(5) Title insurance business shall have the same meaning as provided in R.S. 22:512(17).
Acts 1999, No. 869, §1; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
9:5174.Liability for incorrect or false request for cancellation
A. Any person who requests the recorder to cancel recordation of a mortgage or privilege and who knows or should have known that an act or declaration that he provided to the recorder pursuant to this Title contains materially false or incorrect statements that cause the recorder to incorrectly cancel the recordation of a mortgage or privilege is personally liable to and shall indemnify the recorder and any person relying upon the cancellation for any damages suffered as a consequence of such reliance.B. Any person signing any act or declaration that is presented to the recorder pursuant to this Title containing materially false or incorrect statements causing the recorder to incorrectly cancel the recordation of a mortgage or privilege is personally liable to and shall indemnify the recorder and any person relying upon the cancellation for any damages suffered as a consequence of such reliance.
C. Any person who knowingly provides or executes the materially false or incorrect statement is also guilty of false swearing under the provisions of R.S. 14:125.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2007, No. 337, §2; Redesignated from R.S. 44:110 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
9:5385. Satisfaction of mortgage; production of promissory note or release for cancellation; liability
A. When the obligation secured by a mortgage has been fully satisfied, the mortgagee, the servicing agent, or any holder of the note shall, within thirty days of receipt of written demand by the person providing full satisfaction, produce the satisfied promissory note or an instrument of release in a form sufficient to bring about the cancellation of the inscription of the recorded mortgage to the person providing full satisfaction. However, if the note is held by a federal agency or instrumentality, or a federally sponsored or supported lender, or any nonoriginating secondary mortgage market lender domiciled outside the state of Louisiana, the holder of the note shall, within sixty days after receipt of notice of the satisfaction from the servicing agent, produce the satisfied promissory note or an instrument of release to the servicing agent.B. If the mortgagee, the servicing agent, or any holder of the note fails to produce the satisfied promissory note or an instrument of release in a form sufficient to bring about cancellation of the mortgage within thirty days after receipt of written demand by the person providing full payment of the balance of the note, the mortgagee and the servicing agent or the mortgagee and any holder of the note shall be liable in solido to the person providing full satisfaction for all damages and costs resulting therefrom, including reasonable attorney fees. However, if the note is held by a federal agency or instrumentality, or a federally sponsored or supported lender, or any nonoriginating secondary mortgage market lender domiciled outside the state of Louisiana, the servicing agency shall, within thirty days of receipt of the satisfied promissory note or an instrument of release from the holder of the note, produce the note or instrument to the person providing full satisfaction.
C. For purposes of this Section, person shall include the mortgagor acting in his own behalf, or a notary public or any person, firm, or corporation acting in place of or on behalf of the mortgagor.
Acts 1986, No. 974, §1; Acts 1987, No. 705, §1; Acts 1992, No. 647, §1; Acts 1995, No. 1087, §3.
Assignments Generally: Lenders, or holders of mortgages or deeds of trust, often assign mortgages or deeds of trust to other lenders, or third parties. When this is done the assignee (person who received the assignment) steps into the place of the original lender or assignor. To effectuate an assignment, the general rules is that the assignment must be in proper written format and recorded to provide notice of the assignment.
Satisfactions Generally: Once a mortgage or deed of trust is paid, the holder of the mortgage is required to satisfy the mortgage or deed of trust of record to show that the mortgage or deed of trust is no longer a lien on the property. The general rule is that the satisfaction must be in proper written format and recorded to provide notice of the satisfaction. If the lender fails to record a satisfaction within set time limits, the lender may be responsible for damages set by statute for failure to timely cancel the lien. Depending on your state, a satisfaction may be called a Satisfaction, Cancellation, or Reconveyance. Some states still recognize marginal satisfaction but this is slowly being phased out. A marginal satisfaction is where the holder of the mortgage physically goes to the recording office and enters a satisfaction on the face of the the recorded mortgage, which is attested by the clerk.
Louisiana Law
Assignment: It is recommended that an assignment be in writing and recorded immediately.
Demand to Satisfy: Upon full payoff, mortgagor may make written request to mortgagee to produce the satisfied promissory note or an instrument of release in a form sufficient to bring about the cancellation of the inscription of the recorded mortgage to the mortgagor, whereupon mortgagee must do so within 30 days (60 days if domiciled outside of Louisiana) or suffer liability.
Recording Satisfaction: The recorder of mortgages for the parish of Orleans, and the clerk of court and ex-officio recorder of mortgages of any other parish of the state, shall cancel from the records of his office the inscription of a mortgage upon presentation to him by the debtor thereunder of the original note or sufficient reproduction thereof. (See below, sec. 9:5167)
Marginal Satisfaction: The recorder cancells the mortgage by certification written upon the note.
Penalty: If mortgagee fails to timely comply with written demand for satisfaction as described above (see, Demand to Satisfy), mortgagee is liable for all damages and costs resulting from said failure, including reasonable attorney fees.
Acknowledgment: An assignment or satisfaction must contain a proper Louisiana acknowledgment, or other acknowledgment approved by Statute.
Louisiana Statutes
9:5167.Cancellation of mortgage or vendor's privilege by affidavit of notary or title insurer where paraphed note or other evidence is lost or destroyed
A.(1) When a promissory note paraphed for identification with a mortgage or act creating a vendor's privilege on immovable property has been lost or destroyed after receipt by the notary public who satisfied the promissory note out of the proceeds of an act of sale or mortgage executed before him, or with funds given to him for that purpose, the clerk of court or recorder of mortgages may cancel the mortgage or vendor's privilege upon receipt of an affidavit from the notary public. The affidavit shall set forth all of the following:(a) The name of the mortgagor or obligor of the privilege as it appears in the recorded mortgage or vendor's privilege and recordation information.
(b) A description of the paraphed promissory note and the property.
(c) A statement that the affiant or someone under his direction did satisfy the promissory note.
(d) That the affiant or someone under his direction:
(i) Received the note marked "Paid in Full" from the last holder of the note, and that the note was lost or destroyed while in the affiant's custody; or
(ii) Has confirmed that the last holder of the paraphed note received payment in full and sent the note and the note was never received.
(e) That the affiant agrees to be personally liable to and indemnify the recorder of mortgages and any person relying upon the cancellation by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel the recordation of a mortgage or privilege.
(f) A statement that the affiant has made a due and diligent search for the note, the note cannot be located, and sixty days have elapsed since payment or satisfaction of the note.
(2) No mandamus proceeding is required to use the provisions of this Subsection.
(3) A person who signed an affidavit that is provided to the recorder of mortgages pursuant to this Subsection and that contains materially false or incorrect statements causing the recorder to incorrectly cancel the recordation of a mortgage or privilege is liable to and shall indemnify the recorder and any person relying upon the cancellation for any damages that they may suffer as a consequence of such reliance.
(4) The recorder of mortgages shall not be liable for any damages resulting to any person or entity as a consequence of canceling a mortgage or vendor's privilege pursuant to an affidavit which complies with this Subsection.
B.(1) When a paraphed promissory note or other evidence sufficient to cause a cancellation of a mortgage or vendor's privilege is lost or destroyed, and all obligations secured by the mortgage or vendor's privilege have been satisfied, the recorder of mortgages shall cancel the mortgage or vendor's privilege upon receipt of an affidavit from an officer of a licensed title insurer that has issued or issues a title insurance policy covering the immovable property encumbered by the mortgage or vendor's privilege. The affidavit shall set forth all of the following:
(a) A description of the instrument that was lost or destroyed and an affirmative statement that the instrument has been lost or destroyed.
(b) The name of the mortgagor or obligor of the privilege as it appears in the recorded mortgage or vendor's privilege, and recordation number or other appropriate recordation information.
(c) A statement that all obligations secured by the mortgage or vendor's privilege have been satisfied.
(d) A declaration that the title insurer agrees to be liable to and indemnify the recorder of mortgages and any person relying upon the cancellation by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel the recordation of a mortgage or privilege.
(e) A statement that the affiant has made a due and diligent search for the lost or destroyed instrument, the lost or destroyed instrument cannot be located, and sixty days have elapsed since payment or satisfaction of the secured obligation.
(2) No mandamus proceeding is required to use the provisions of this Subsection.
(3) A title insurer whose officer has signed an affidavit that is provided to the recorder of mortgages pursuant to this Subsection and that contains materially false or incorrect statements causing the recorder to incorrectly cancel the recordation of a mortgage or privilege is liable to and shall indemnify the recorder and any person relying upon the cancellation for any damages that they may suffer as a consequence of such reliance.
(4) The recorder of mortgages shall not be liable for any damages resulting to any person or entity as a consequence of canceling a mortgage or vendor’s privilege pursuant to an affidavit which complies with this Subsection.
Acts 1988, No. 986, §1; Acts 2005, No. 169, §8, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2007, No. 337, §1.
5167.1. Cancellation of mortgage inscription by affidavit; penalties
A. A mortgagee shall execute and deliver sufficient acceptable documentation, as required by the clerk of court and ex officio recorder of mortgages for the cancellation of a mortgage, to the mortgagor or the mortgagor’s designated agent within sixty days after the date of receipt of full payment of the balance owed on the debt secured by the mortgage in accordance with a payoff statement. The payoff statement shall be furnished by the mortgagee or its mortgage servicer. If the mortgagee fails to execute and deliver acceptable documentation, an authorized officer of a title insurance business, the closing notary public, or the notary public for the person or entity which made the payment may, on behalf of the mortgagor or an owner of the property encumbered by the mortgage, execute an affidavit that complies with the requirements of this Section and record the affidavit in the mortgage records of each parish in which the mortgage was recorded.B. An affidavit executed under this Section shall state that:
(1) The affiant is an authorized officer of a title insurance business, the closing notary public, or the attorney for the person or entity which made the payment.
(2) The affidavit is made on behalf of the mortgagor or an owner of the property encumbered by the mortgage.
(3) The mortgagee provided a payoff statement with respect to the loan secured by the mortgage.
(4) The affiant has ascertained that the mortgagee has received payment of the loan secured by the mortgage in accordance with the payoff statement, as evidenced by:
(a) A bank check, certified check, or escrow account check which has been negotiated by or on behalf of the mortgagee; or
(b) Other documentary evidence of the receipt of payment by the mortgagee, including but not limited to verification that the funds were wired to the mortgagee.
(5) More than sixty days have elapsed since the date payment was received by the mortgagee and the mortgagee has not returned documentary authorization for cancellation of the mortgage.
(6) The mortgagee has been given at least fifteen days notice in writing of the intention to execute and record an affidavit in accordance with this Section, with a copy of the proposed affidavit attached to the written notice.
C. The affidavit shall include the names of the mortgagor and the mortgagee, the date of the mortgage, and the book and page, or folio, or clerk’s file number of the immovable property records where the mortgage is recorded, together with similar information for a recorded assignment of the mortgage.
D. The affiant shall attach to the affidavit the documentary evidence that payment has been received by the mortgagee including a copy of the payoff statement. Evidence of payment may include a copy of the canceled check indicating endorsement by the mortgagee or other documentary evidence described in Subsection B.
E. An affidavit executed and recorded as provided by this Section shall constitute a release of and an authority to cancel the mortgage described in the affidavit. The clerk of court and ex officio recorder of mortgages may rely on the sworn statements contained within the affidavit and has no duty to traverse the contents thereof.
F. The clerk of court and ex officio recorder of mortgages shall index the affidavit in the names of the original mortgagee and the last assignee of the mortgage appearing of record as the grantors and in the name of the mortgagor as grantee, and shall cancel the inscription of the mortgage and assignments from the mortgage records.
G. The intentional falsification of information by the affiant in an affidavit filed in the office of the recorder of mortgages is subject to the provisions of R.S. 14:132, governing the crime of injuring public records. The affiant shall also be liable for any damages, attorney fees, and expenses occasioned by a fraudulently executed affidavit.
H. As used in this Section:
(1) Attorney for the person or entity making payment is an attorney licensed to practice law in this state who certifies in the affidavit that he is authorized to make the affidavit on behalf of the person or entity making payment.
(2) Closing shall have the same meaning as provided in R.S. 22:512(2) and (15).
(3) Closing notary public is the duly commissioned notary public who executes the required documents or performs notarial functions at the closing.
(4) Payoff statement is the statement of the following:
(a) The unpaid balance of a loan secured by a mortgage, including principal, interest, and other charges properly assessed under the loan documentation of the mortgage.
(b) The interest on a per diem basis for the unpaid balance.
(5) Title insurance business shall have the same meaning as provided in R.S. 22:512(17).
Acts 1999, No. 869, §1; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
9:5174.Liability for incorrect or false request for cancellation
A. Any person who requests the recorder to cancel recordation of a mortgage or privilege and who knows or should have known that an act or declaration that he provided to the recorder pursuant to this Title contains materially false or incorrect statements that cause the recorder to incorrectly cancel the recordation of a mortgage or privilege is personally liable to and shall indemnify the recorder and any person relying upon the cancellation for any damages suffered as a consequence of such reliance.B. Any person signing any act or declaration that is presented to the recorder pursuant to this Title containing materially false or incorrect statements causing the recorder to incorrectly cancel the recordation of a mortgage or privilege is personally liable to and shall indemnify the recorder and any person relying upon the cancellation for any damages suffered as a consequence of such reliance.
C. Any person who knowingly provides or executes the materially false or incorrect statement is also guilty of false swearing under the provisions of R.S. 14:125.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2007, No. 337, §2; Redesignated from R.S. 44:110 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
9:5385. Satisfaction of mortgage; production of promissory note or release for cancellation; liability
A. When the obligation secured by a mortgage has been fully satisfied, the mortgagee, the servicing agent, or any holder of the note shall, within thirty days of receipt of written demand by the person providing full satisfaction, produce the satisfied promissory note or an instrument of release in a form sufficient to bring about the cancellation of the inscription of the recorded mortgage to the person providing full satisfaction. However, if the note is held by a federal agency or instrumentality, or a federally sponsored or supported lender, or any nonoriginating secondary mortgage market lender domiciled outside the state of Louisiana, the holder of the note shall, within sixty days after receipt of notice of the satisfaction from the servicing agent, produce the satisfied promissory note or an instrument of release to the servicing agent.B. If the mortgagee, the servicing agent, or any holder of the note fails to produce the satisfied promissory note or an instrument of release in a form sufficient to bring about cancellation of the mortgage within thirty days after receipt of written demand by the person providing full payment of the balance of the note, the mortgagee and the servicing agent or the mortgagee and any holder of the note shall be liable in solido to the person providing full satisfaction for all damages and costs resulting therefrom, including reasonable attorney fees. However, if the note is held by a federal agency or instrumentality, or a federally sponsored or supported lender, or any nonoriginating secondary mortgage market lender domiciled outside the state of Louisiana, the servicing agency shall, within thirty days of receipt of the satisfied promissory note or an instrument of release from the holder of the note, produce the note or instrument to the person providing full satisfaction.
C. For purposes of this Section, person shall include the mortgagor acting in his own behalf, or a notary public or any person, firm, or corporation acting in place of or on behalf of the mortgagor.
Acts 1986, No. 974, §1; Acts 1987, No. 705, §1; Acts 1992, No. 647, §1; Acts 1995, No. 1087, §3.