HLS 10RS-719 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 802
BY REPRESENTATIVE TIM BURNS
MORTGAGES: Provides relative to mortgages
AN ACT1
To amend and reenact Civil Code Article 3298(E), relative to mortgages; to provide relative2
to mortgages securing future obligations; to provide relative to the effects of3
recordation; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Civil Code Article 3298(E) is hereby amended and reenacted to read as6
follows:7
Art. 3298. Mortgage may secure future obligations 8
* * *9
E. The mortgage continues until it is terminated by the mortgagor or his10
successor in the manner provided in Paragraph D of this Article, or until the11
mortgage is extinguished in some other lawful manner. The effect of recordation of12
the mortgage ceases in accordance with the provisions of Articles 3357 and 3358.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Tim Burns HB No. 802
Abstract: Provides that the effect of recordation ceases 10 years after its date unless the
mortgage specifies otherwise.
Present law provides that the mortgage continues until it is terminated by the mortgagor or
his successor in the manner provided in present law or until the mortgage is extinguished in
some other lawful manner. HLS 10RS-719 ENGROSSED
HB NO. 802
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law (C.C. Art. 3357) provides for a 10-year prescriptive period for recordation of an
instrument creating a mortgage or evidencing a privilege.
Present law (C.C. Art. 3358) provides that the effect of recordation ceases six years from the
latest maturity date described in an instrument creating certain mortgages or evidencing
certain privileges.
Proposed law provides that the effect of recordation of the mortgage is governed by Civil
Code Arts. 3357 and 3358.
(Amends C.C. Art. 3298(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Deleted provisions providing for types of mortgages securing future obligations.
2 Provided that the effect of recordation of the mortgage ceases in accordance with
present law Civil Code Arts. 3357 and 3358.