LA Senate Bill 709

Law

State: Louisiana
Signed: July 01, 2008

Effective: July 01, 2008
Chapter: Act 677

Summary

Senate Bill 709 requires Notaries in Orleans Parish to record every original authentic act, contract, and instrument except a chattel mortgage, an act relating to immovable property outside of Orleans Parish and a money judgment in the notarial archives of the parish before being recorded in the office of recorder of mortgages and register of conveyances. The bill also requires registration of an act of sale or transfer of “immovable” property (real estate) within 48 hours.

Affects

Amends Section 35:199 and repeals Section 44:184.2 of the Louisiana Revised Statutes

Changes
  1. Retitles Section 35:199 of the Revised Statutes to read: “Duty to file, register, or record notarial instruments.”
  2. Requires Notaries to register an act of sale or transfer of immovable property in Orleans Parish with the office of clerk within 48 hours of the act.
  3. Requires Notaries to record in the Orleans parish notarial archives every original authentic act, contract, and instrument except chattel mortgage, acts relating to immovable property outside of Orleans Parish and money judgments as a condition precedent to filing such instruments in the office of recorder of mortgages and register of conveyances of Orleans Parish.
  4. Repeals a prior law stating that all provisions providing for the registry and recordation of instruments affecting immovable property, the recordation of conventional mortgages, including a notice of security interest, and recordation of liens and privileges on movables and immovables, shall be applicable to the clerk of court as parish recorder.
  5. Makes minor conforming changes.
Analysis

Louisiana Notaries have duties that differ substantially from Notaries in other U.S. jurisdictions, and Senate Bill 709 must be read in this context. Senate Bill 709 affects the recordation of all “authentic acts” and other instruments of Notaries in Orleans Parish. Orleans Parish has separate offices which record conveyances (deeds) and mortgages. After executing a conveyance or mortgage, a Notary must record the instrument in the appropriate office. Senate Bill 709 states that before an instrument may be recorded in one of these offices, it must first be recorded in the notarial archives of the parish. The bill also requires registration of an act of sale or transfer of “immovable” property (real estate) within 48 hours. This bill only applies to Notaries in Orleans Parish.

Read the bill text.

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