Mortgage

The Mortgage Department is responsible for issuing Mortgage, Non-Lien and, UCC Certificates pursuant to applicable Louisiana statutes. As per statutes, all request for certificates must be in writing. As the request is written, requests for certificates may also be received via facsimile.

Mortgage Certificates are issued by the department on a first come, first served basis. You must provide us with the name(s) you want us to check and legal property description. If a legal property description is not available, the information may be obtained by calling the Acadia Parish Assessor at (337)788-8871.

A Mortgage Certificate, more correctly called a“Certificate on Non-Mortgage,”is not a title opinion and makes no representation as to who might actually own the property described on the certificate. Previously issued certificates may be “up-dated” by the department, however, the original certificate must be presented and must be less than one year old.

Non-Lien Certificates are also issued by the Mortgage Department. As with mortgage certificates, the request must be in writing. The request must include the name(s) you want us to check, the date the contract was signed, and a brief description of the work. Unless otherwise requested, the Non-Lien Certificate will be issued when requested.

UCC Certificate requests must be in writing and on a Louisiana approved UCC-II form, one debtor name per request. A Federal Tax I.D. number should be provided although it is not yet required by the statute. The lack of a Federal Tax I.D. number will impact the results of your UCC Certificate.

Cancellationsof all types must first be submitted to the Cancellation Clerk in the Mortgage Department before they will be accepted by the Recording Department. This is to verify the information contained in the cancellation form is correct. Cancellations in Acadia Parish must be in authentic form, I.E., executed before a Notary Public, signed by the affiant and two witnesses. Also, with almost no exceptions, the original promissory note must be presented with the act of cancellation in order to cancel a mortgage. UCC terminations must be prepared on a Louisiana approved form and must be sent directly to the Mortgage Department.

All cancellations that are to be recorded in the Mortgage Records require a “Request for Cancellation or Uniform Request and Cancellation Affidavit for MORTGAGES ONLY”.

Please find below the links to the current forms being used by our office.

  • Uniform Request and Cancellation Affidavit (for mortgages and vendor’s liens)
  • Request for Cancellation
  • Request for Cancellation of Mortgage or Privilege and Release by Licensed Institution
  • Release by Obligee of Record of Mortgage or Privilege (formally LRS 44:106)
  • Cancellation by Prescription
  • Notice to Cancel Request for Notice of Seizure
  • Item to be Cancelled Documentation Required
    Appearance Bond – Acadia Motion and Order signed by Judge, Sheriff, and District Attorney (must be recorded)
    Appearance Bond – Out of Parish Letter from District Attorney of the particular parish or a certified copy of minutes plus Motion & Order signed by Judge of that parish’s district court.
    Attorney Lien Letter from attorney who filed the lien.
    Bankruptcy Motion and Order from Bankruptcy Court that lists the debts to be cancelled.
    Building Contract Letter signed by Owner & Contractor – must be notarized.
    Clerk’s Certificate See Minor’s Mortgage
    Court Appeal Whoever won the appeal must give the authority to cancel by letter.
    Estate Lien Notarized affidavit from plaintiff who filed the lien.
    Funeral Lien Letter from Attorney who handled the claim for the Funeral Home or notarized affidavit signed by Funeral Home.
    Crowley City Court Certified copy of Satisfaction from Crowley City Court or letter from plaintiff’s attorney or notarized from plaintiff.
    Judgment Forfeiture Bail Bond Motion & Order signed by Judge
    Judgment See LRS 9:5169 Notarized affidavit signed by plaintiff.
    Justice of the Peace Judgment See LRS 9:5169 Notarized affidavit signed by plaintiff.
    Labor & Material Lien Letter from attorney if their client was the lien holder listed or notarized affidavit from whoever filed lien. A cash bond or surety bond must be deposited into the Registry of Court. The surety bond will be recorded in the mortgage records. The bond must be 125% of the amount of the lien.
    Lis Pendens Letter from plaintiff’s attorney or a notarized affidavit signed by plaintiff.
    Minor’s Mortgage If minor is 22 or older at the time of cancellation, the Clerk’s Office must be presented a notarized affidavit from him or her stating their date of birth and that they are of age, and granting the Clerk the authority to cancel their mortgage. If minor is under 22, the Clerk’s Office must be presented a Motion and Order signed by a Judge ordering the Clerk to cancel the minor’s mortgage.
    Mortgage Note – Conventional See LRS 9:5170 Original Promissory Note with original signatures (must be paraphed) and marked paid.
    Mortgage or Privilege See LRS 9:5172 Released by Licensed Financial Institution.
    Assignment of Rents and Leases See LRS 9:5169 Release of Unparaphed Obligation
    Lost Note Affidavit – Notary See LRS 9:5167A for the special case of a lost or destroyed promissory note secured by a mortgage on immovable property after receipt by a notary public who satisfied the promissory note out of the proceeds of an act of sale or mortgage executed before him.
    Multiple Indebtedness Mortgage Standard Form used by banks and signed by bank. The form must be notarized. See LRS 9:5172 and LRS 9:5169.
    Notice of Seizure A letter from plaintiff’s attorney or a notarized Affidavit signed by plaintiff delivered to the Sheriff starts the cancellation process. Upon receipt of written authorization from Sheriff in accordance with LRS 13:3859, the clerk cancels the inscription.
    Prescription of Liens or Judgments Notarized affidavit claiming Lien or Judgment has prescribed. The affidavit must establish that the requestor is a party in interest within the meaning of the law. Must also provide a Clerk’s Civil Certificate. Also site statute as per CC Art. 3368.
    Prescription of Mortgage Notarized affidavit claiming Mortgage has prescribed (generally over 10 years after the event triggering the prescriptive period). Must state one of the following statutes: CC 3357, CC 3358, CC 3359.
    Request for Notice of Seizure Notarized Affidavit from bank.
    Surveyor’s Lien Notarized Affidavit from surveyor.
    Tax Lien Release from IRS or State.
    UCC Terminations Must be prepared on a Louisiana approved form; Non-standard forms are acceptable at an increased fee. See UCC fees.

     

    See the “Fee & Links” page for Mortgage Department charges.

     

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