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Regular Session, 2011 ENROLLED
SENATE BILL NO. 24
BY SENATOR ALARIO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To enact R.S. 9:5166, relative to mortgages and vendor's liens; to provide relative to2
cancellation of mortgage and vendor's lien inscriptions; to create and authorize the3
use of a uniform cancellation affidavit for cancellation of mortgage and vendor's lien4
inscriptions; to provide for the contents and effects of such affidavit; to provide5
relative to liability; to provide certain terms, conditions, procedures, and6
requirements; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 9:5166 is hereby enacted to read as follows: 9
ยง5166. Cancellation of mortgage and vendor's lien inscriptions; uniform10
cancellation affidavit; requirements and effects11
A. A uniform cancellation affidavit as provided in this Section may be12
used to cancel a mortgage or vendor's lien inscription, except for judgments or13
legal mortgages. The uniform cancellation affidavit may be in lieu of any other14
affidavit otherwise required by law, and no additional affidavit shall be15
necessary for cancellation.16
B. The uniform cancellation affidavit shall:17
(1) Contain the information required by this Section.18
(2) Recite the statutory authorization for the cancellation, any other19
recitations as may be required by law for cancellation, and a declaration that20
the affiant has complied with all requirements of law for the cancellation.21
(3) Be sworn to and subscribed in the presence of a notary public or22
other properly authorized official, but shall not be required to be an authentic23
or witnessed act.24
C. The filing with the clerk of court and ex officio recorder of mortgages25
of a uniform cancellation affidavit containing a request to cancel, together with26
any additional documents as may otherwise be required by law, shall operate27
ACT No. 124 SB NO. 24 ENROLLED
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as a release and authorization to the clerk of court and ex officio recorder of1
mortgages to cancel and erase from the mortgage records any mortgage or2
vendor's lien inscription described in the uniform cancellation affidavit.3
D. Liability4
(1) The clerk of court as ex officio recorder of mortgages shall not be5
liable for any damages resulting to any person or entity as a consequence of6
canceling a mortgage in reliance upon a uniform cancellation affidavit7
complying with this Section.8
(2) The affiant shall be liable to and indemnify the clerk of court as ex9
officio recorder of mortgages and any person relying upon the cancellation for10
any claims or damages suffered if the uniform cancellation affidavit contains11
materially false or incorrect statements.12
(3) The preparing, signing, or filing of a uniform cancellation affidavit13
with the knowledge that it contains materially false or incorrect statements shall14
subject the offender to civil and criminal liability under Louisiana law,15
including R.S. 9:5174, R.S. 14:125, and R.S. 14:133.16
E. The provisions of this Section shall not be construed to invalidate,17
prohibit, restrict or limit the use of any other method or form otherwise18
authorized by law for the cancellation of a mortgage or vendor's lien19
inscription.20
F. A uniform cancellation affidavit shall satisfy the requirements of this21
Section if it provides all the information set forth in the following form:22
UNIFORM CANCELLATION AFFIDAVIT23
(FOR MORTGAGES AND VENDOR'S LIENS)24
25
STATE OF ______________________________________26
PARISH OF _____________________________________27
BE IT KNOWN THAT before me, the undersigned Notary Public, appeared:28
(Name)________________(Corporate Title and Name of Entity if Applicable)_______,29
its duly authorized agent hereinafter referred to as affiant, who after first being sworn30
declares that affiant is:31
CHECK ONE BOX ONLY:32
[ ] A notary public requesting cancellation under R.S. 9:5167(A)(1), herein declaring33
that affiant or someone under his direction did satisfy the promissory note, and that34
the affiant or someone under his direction (1) received the note marked "Paid in Full"35 SB NO. 24 ENROLLED
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from the last holder of the note, and that the note was lost or destroyed while in the1
affiant's custody; or (2) has confirmed that the last holder of the paraphed note2
received payment in full and sent the note but the note was never received, and that3
the affiant has made a due and diligent search for the note, the note cannot be located,4
and sixty days have elapsed since payment or satisfaction of the note.5
[ ] A duly authorized officer of a Louisiana licensed title insurer as defined in R.S. 22:466
of the Louisiana Insurance Code, requesting cancellation under R.S. 9:5167(B)(1),7
herein declaring that all obligations secured by the mortgage or vendor's privilege8
have been satisfied, and that affiant has made a due and diligent search for the lost or9
destroyed instrument which was sufficient to cause a cancellation of the mortgage or10
vendor's privilege, that the lost or destroyed instrument cannot be located, and that11
sixty days have elapsed since payment or satisfaction of the secured obligation.12
[ ] An authorized officer of a title insurance business, the closing notary public, or the13
attorney for the person or entity which made the payment requesting cancellation under14
R.S. 9:5167.1, herein declaring on behalf of the mortgagor or an owner of the property15
encumbered by the mortgage that the mortgagee provided a payoff statement with16
respect to the loan secured by the mortgage and that the mortgagee has received17
payment of the loan secured by the mortgage in accordance with the payoff statement,18
as evidenced by (1) a bank check, certified check, or escrow account check which has19
been negotiated by or on behalf of the mortgagee, or (2) other documentary evidence20
of the receipt of payment by the mortgagee, including but not limited to verification21
that the funds were wired to the mortgagee, that more than sixty days have elapsed22
since the date payment was received by the mortgagee and that the mortgagee has not23
returned documentary authorization for cancellation of the mortgage; and that the24
mortgagee has been given at least fifteen days notice in writing of the intention to25
execute and record an affidavit in accordance with R.S. 9:5167.1, with a copy of the26
proposed affidavit attached to the written notice. Affiant declares that he has attached27
all evidence required by law.28
[ ] An obligee of record requesting cancellation under R.S. 9:5168, herein declaring that29
affiant is the obligee of record of the mortgage or vendor's privilege securing a30
paraphed promissory note and that the note has been lost or destroyed and cannot be31
presented; that the note is paid, forgiven, or otherwise satisfied; and that affiant has32
not sold, transferred, or assigned the note to any other person or entity. If affiant is not33
the Original Obligee of Record, but an Obligee of Record by recorded Assignment of the34
inscription to be cancelled, a list of recorded assignments is attached.35
36
[ ] An obligee of record requesting release under R.S. 9:5169, declaring that affiant is37
herein acknowledging the satisfaction, releasing or acknowledging the extinction of the38
mortgage or privilege. If affiant is not the Original Obligee of Record, but an Obligee39
of Record by recorded Assignment of the inscription to be cancelled, affiant has40
attached a list of recorded assignments. JUDGMENTS OR LEGAL MORTGAGES41
MAY NOT BE CANCELLED USING THIS FORM.42
[ ] An affiant requesting cancellation under R.S. 9:5170, herein declaring that he is43
attaching herewith44
______ The paraphed obligation marked "PAID" or "CANCELLED"; or45
______ An authentic act of release conforming to the requirements of R.S.46
9:5170(A)(2).47
[ ] A duly authorized officer of a Licensed Financial Institution under R.S. 9:5172,48
herein declaring that the institution was the obligee or the authorized agent of the49
obligee of the obligation secured by the mortgage or privilege when the obligation was50
extinguished and that the secured obligation has been paid or otherwise satisfied or51
extinguished; or that the institution is the obligee or authorized agent of the obligee52
of the secured obligation and that it releases the mortgage or privilege and directs the53
recorder to cancel its recordation.54
AFFIANT HEREBY EXPRESSLY REQUESTS, AUTHORIZES, AND55
DIRECTS, in accordance with the provisions of the applicable statute indicated by the56
checked box above and in accordance with the provisions of Civil Code Art. 3366, that57
the Clerk of Court and ex officio Recorder of Mortgages for the Parish of58 SB NO. 24 ENROLLED
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______________________ to [ ] FULLY CANCEL, or [ ] PARTIALLY CANCEL the1
following:2
A mortgage or Vendor's privilege:3
Granted/Made by:________________________________________________________4
In favor of:______________________________________________________________5
Instrument dated_____________________ Recorded in _________________ Parish;6
Recorded in MOB _________ FOLIO ________, INSTRUMENT NO. ___________;7
[LEGAL DESCRIPTION OF PROPERTY: SEE ATTACHMENT HERETO8
MADE A PART HEREOF.]9
AFFIANT DECLARES that he has attached property descriptions as required10
by law, and that he is aware that if no property description is attached, this Affidavit11
will be rejected.12
AFFIANT FURTHER DECLARES that if this Affidavit is intended to cancel13
related inscriptions, such as assignments or subordinations, in a parish where the14
clerk allows such cancellations, he has attached a separate list of related inscriptions.15
AFFIANT WARRANTS that affiant has complied with all requirements of16
applicable law, including full or partial discharge of the obligation where the law17
requires.18
AFFIANT AGREES to be liable to and to indemnify the Clerk of Court as ex19
officio recorder of mortgages and any person relying upon the cancellation by this20
affidavit for any claims or damages suffered as a consequence of such reliance if this21
affidavit contains materially false or incorrect statements.22
AFFIANT ACKNOWLEDGES BY HIS SIGNATURE BELOW that the23
contents of this affidavit are true and correct to the best of his knowledge, information,24
and belief, and further that he is aware that knowingly preparing, signing, or filing a25
uniform cancellation affidavit containing materially false or incorrect statements shall26
subject the affiant to civil and criminal liability under Louisiana law, including the27
provisions of R.S. 9:5174, R.S. 14:125, and R.S. 14:133.28
Affiant's Signature: ______________________Printed Name: _____________________29
Company Name:__________________________Title:______________________ _____30
(Its duly authorized agent)31
Mailing Address: ____________________________________________________ _____32
City: ______________________ State : __________________ ZIP: ________________33
Telephone #:_______________________________ Email: ________________________34
SWORN TO AND SUBSCRIBED before me this__________day of__________,35
20________.36
Notary Signature and Seal:37
Printed Name of Notary: ________________________38
State of Appointment : _____________39
Notary or Bar No.: _____________________40
Commission expires:___________________41
FILER: Fill out below if filer is NOT the affiant:42
REQUEST TO CANCEL43
In accordance with the provisions of Civil Code Art. 3366, the undersigned filer44
requests the Clerk of Court and ex officio Recorder of Mortgages to file this Uniform45
Cancellation Affidavit and hereby requests the cancellation referenced therein.46
Signature:_____________________________47
Printed Name: ___________________________48
Company: _______________________________49
Title:________________________________ (Its duly authorized agent)50
Mailing Address: _____________________________51 SB NO. 24 ENROLLED
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City: ________________ State : ______ ZIP: _______1
Telephone #:__________________________Email: _____________________________2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATI VES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: