Louisiana House Bill HB803

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10
• Report Pass: 4/13/10
• Engrossed: 4/21/10
• Report Pass: 6/2/10
• Enrolled: 6/11/10
• Chaptered: 6/21/10
• Passed: 6/21/10

Caption

Provides relative to bond for deed contracts

Impact

If enacted, HB 803 will have a significant impact on the state's property laws, particularly by reinforcing the legal efficacy of bond for deed arrangements. The bill seeks to prevent any unenforceable claims or liens against the property that were not disclosed prior to the recording of the bond for deed contract. This action will enhance the protection of buyers who enter these contracts, as their rights will be prioritized over any subsequent claims that may arise. This reform is crucial for establishing a more straightforward legal framework that upholds the validity of such agreements in the face of complicated property transactions.

Summary

House Bill 803, proposed by Representative Tim Burns, seeks to amend existing legislation regarding bond for deed contracts in Louisiana. The bill specifically addresses the recordation and priority of such contracts, which are used as a means of financing the purchase of property. This amendment is designed to create clearer guidelines for the recording of these agreements, ensuring that any subsequent filings related to the property cannot undermine the rights established by the bond for deed contract once recorded. By clarifying the legal standing of these contracts, the bill aims to protect the interests of both buyers and sellers engaged in such transactions.

Sentiment

The sentiment surrounding HB 803 appears to be generally favorable among property law advocates and real estate professionals, who recognize the need for clearer regulations in bond for deed transactions. Proponents see this bill as a necessary step to simplify property rights and improve transparency within the housing market. Conversely, there may be concerns raised by parties who benefit from ambiguities in current laws, although specific stated opposition has not been detailed in the available documents.

Contention

Notably, while there seems to be broad support for the intent of HB 803, discussions may arise around the implications for existing property rights and the potential for any unintended consequences associated with the prioritization of bond for deed contracts over other claims. Policymakers will need to consider how this amendment interacts with existing statutes and the potential for confusion among those unfamiliar with these contractual terms. The passage of this bill is poised to provoke further dialogue on how best to balance the rights of property buyers and the interests of sellers.