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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 189
BY SENATOR MURRAY
ASSESSORS. Removes requirement in Orleans Parish that acts of sale or other acts
transferring immovable property be filed with the assessor.(1/1/11)
AN ACT1
To amend and reenact R.S. 13:4405 and R.S. 35:199(A)(2), relative to notarial instruments;2
to remove requirements that acts of sale or other acts evidencing a transfer of3
immovable property situated in the parish of Orleans be filed with the assessor; to4
provide for an effective date; and to provide for related matters.5
Notice of intention to introduce this Act has been published.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:4405 is hereby amended and reenacted to read as follows: 8
§4405. Sheriff to record sales in conveyance office in New Orleans; filing of copies9
with assessor; penalties 10
A. The sheriff of the parish of Orleans shall record in the conveyance office11
of the city of New Orleans all judicial sales of real property made by him, besides12
having the sales recorded in the clerk's office as now required by law.13
B.(1) Whenever any real property situated in the parish of Orleans is sold at14
a sheriff's sale, it shall be the duty of the civil sheriff for the parish of Orleans to file15
a copy of the act of sale with the assessor for the parish of Orleans within fifteen16
days from the date of adjudication.17 SB NO. 189
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) Whoever violates the provisions of this Subsection shall be fined not more1
than fifty dollars or imprisoned in the parish jail for not more than sixty days, or2
both.3
Section 2. R.S. 35:199(A)(2) is hereby amended and reenacted to read as follows:4
§199. Duty to file, register, or record notarial instruments5
A. Notaries public shall record all acts of sale, exchange, donation, and6
mortgage of immovable property passed before them, together with all resolutions,7
powers of attorney, and other documents annexed to or made part of the acts, in their8
proper order, and after first making a careful record of the acts in record books to be9
kept for that purpose as follows:10
* * *11
(2)(a) If the immovable is situated within the parish of Orleans, the notary12
shall file the instrument in the office of the custodian of notarial records for the13
parish of Orleans and record the instrument with the register of conveyances or14
recorder of mortgages or both.15
(b) If the instrument is an act of sale or any other act evidencing a transfer of16
immovable property situated in the parish of Orleans, it shall be the duty of the17
notary to :18
(i) File a copy of the instrument with the board of assessors for the parish of19
Orleans within fifteen days from the date of sale or transfer. Whenever there is20
annexed to such act any sketch, blueprint, or survey that forms part of the act, the21
copy filed with the board of assessors shall have attached a copy of the sketch,22
blueprint, or survey.23
(ii) Cause cause the act to be registered with the office of the clerk as the24
recorder for the parish of Orleans, within forty-eight hours after the passage of the25
act.26
* * *27
Section 3. This Act shall become effective on January 1, 2011.28 SB NO. 189
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Present law provides that the sheriff of Orleans parish shall file a copy of acts of sale of real
property with the assessor within 15 days from the date of adjudication.
Present law provides that whoever violates the provision of present law shall be fined not
more that $50.00 or imprisoned for not more than 60 days, or both.
Proposed law removes both of these requirements from present law.
Present law provides that notaries public shall file and record all acts of sale or any other act
evidencing a transfer of immovable property situated in Orleans Parish with the register of
conveyances or recorder of mortgages or both and with the assessor.
Proposed law removes the requirement in Orleans Parish that notaries public shall file acts
of sale of immovable property with the assessor.
Effective January 1, 2011.
(Amends R.S. 13:4405 and R.S. 35:199(A)(2))