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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2010
HOUSE BILL NO. 807
BY REPRESENTATIVE TIM BURNS
INSURANCE: Requires that a title opinion contain a search of the mortgage or public
records for a specified period of time for federal judgments or if the transaction
being insured is a sale or a mortgage
AN ACT1
To amend and reenact R.S. 22:512(17)(b)(introductory paragraph) and (vi)(bb) and (gg),2
relative to title insurance; to require that a title opinion contain a search of the3
mortgage records for a period of twenty years for federal judgments; to require the4
length of the examiner's search for a transaction involving a sale be a minimum5
period of thirty years or longer in order to reach a third-party transfer; to require the6
examiner's search be a minimum of ten years or two links in the chain of title,7
whichever is greater, if only the mortgage is being insured; and to provide for related8
matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 22:512(17)(b)(introductory paragraph) and (vi)(bb) and (gg) are11
hereby amended and reenacted to read as follows: 12
ยง512. Definitions13
As used only in this Subpart, the following words are defined as:14
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(17) "Title insurance business" or "business of title insurance" shall mean:16
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(b) Transacting or proposing to transact by a title insurer or a title insurance18
producer agent any of the following activities when conducted or performed in19 HLS 10RS-729 ENGROSSED
HB NO. 807
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contemplation of or in conjunction with the issuance of a title insurance report or1
policy:2
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(vi) Examining titles; however, any title insurance report or title insurance4
policy relating to immovable property shall be based upon an examination of title5
which shall be conducted only by attorneys duly licensed and authorized to practice6
law in Louisiana. The examination and resulting opinion, if it furnishes the basis of7
a title insurance report or title insurance policy relating to immovable property, shall8
be reduced to writing by the attorney. The title opinion shall contain the following:9
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(bb) Complete list of all encumbrances, mortgages, judgments, liens, and11
privileges. This list shall contain the name of secured creditors, date filed, amounts,12
and recordation information. For federal judgments, a search of the mortgage13
records shall be made for a period of twenty years.14
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(gg) Length of examiner's search and date of earliest recorded instrument16
reviewed by the examiner. If the transaction being insured is a sale, the minimum17
search period shall be thirty years, or longer, if necessary, in order to reach an arms-18
length sale between unrelated, third parties. If only a mortgage is being insured, then19
the search shall be for a minimum of ten years or two links in the chain of title,20
whichever is greater.21
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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. 807
Abstract: Provides that a title opinion must contain a search of the mortgage or public
records for a specified period of time for federal judgments and sales or mortgages
that are being insured. HLS 10RS-729 ENGROSSED
HB NO. 807
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law (R.S. 22:512(17)(b)(vi)(bb)) provides that a title opinion must contain a
complete list of all encumbrances, mortgages, judgments, liens, and privileges. Further
requires the list to contain the names of secured creditors, dates filed, amounts, and
recordation information.
Proposed law retains present law and adds a provision requiring a title opinion to contain a
search of the mortgage records for a period of 20 years for federal judgments.
Present law (R.S. 22:512(17)(b)(vi)(gg)) provides that a title opinion must contain the length
of examiner's search and date of earliest recorded instrument reviewed by the examiner.
Proposed law retains present law and adds a provision that specifies if the transaction is a
sale, the minimum search period must be 30 years, or longer, in order to reach an arms-
length sale between unrelated, third parties. Proposed law further provides if only a
mortgage is being insured, then the search must be for a minimum of 10 years or two links
in the chain of title, whichever is greater.
(Amends R.S. 22:512(17)(b)(intro. para.) and (vi)(bb) and (gg))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Deleted provisions requiring a title insurance agent to be domiciled in this state.