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Regular Session, 2011
SENATE BILL NO. 36
BY SENATOR MORRISH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TITLE INSURANCE. Provides relative to abstracts of title and title opinions. (1/1/12)
AN ACT1
To amend and reenact R.S. 22:512(1) and 17(b)(vi) and R.S. 37:212(A)(2)(d), relative to2
abstracts of title; to provide definitions; to provide relative to title insurance; to3
provide relative to abstracts of title and title examination and opinions; to provide4
relative to the practice of law; to provide definitions, terms, procedures, conditions,5
and requirements; to provide for an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 22:512(1) and 17(b)(vi) are hereby amended and reenacted to read8
as follows: 9
§512. Definitions10
As used only in this Subpart, the following words are defined as:11
(1)(a) "Abstract of title" or "abstract" shall mean a written history, synopsis,12
or summary of the recorded instruments affecting the title to movable or immovable13
property. a written history, synopsis, or summary of the recorded instruments14
indexed in the public records affecting the title to immovable property that: (i)15
is prepared and certified by the abstractor in accordance with the minimum16
search periods and requirements of a title opinion as set forth in Paragraph (17)17 SB NO. 36
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words in boldface type and underscored are additions.
of this Section; (ii) includes a photocopy or electronic copy of such recorded1
instruments, or abstracts of such recorded instruments prepared by the2
abstractor who personally reviewed such recorded instruments; and (iii) is3
dated and signed by the abstractor and presented to an attorney duly licensed4
and authorized to practice law in Louisiana as set forth in Paragraph (17) of5
this Section and R.S. 37:212 for examination.6
(b) For the purpose of this Paragraph, "public records" shall mean all7
instruments, including actual attachments thereto, which are recorded in the8
mortgage and conveyance records maintained by the clerk of court of the parish9
in which the property is situated, and the ad valorem property tax records for10
the parish and political subdivision in which the property is situated.11
(c) Nothing in this Section prohibits any attorney duly licensed and12
authorized to practice law in Louisiana from personally reviewing and13
examining the public records in order to certify or give an opinion as to the title14
to immovable property.15
* * *16
(17) "Title insurance business" or "business of title insurance" shall mean:17
* * *18
(b) Transacting or proposing to transact by a title insurer or a title insurance19
agent any of the following activities when conducted or performed in contemplation20
of or in conjunction with the issuance of a title insurance report or policy:21
* * *22
(vi) Examining titles; however, any title insurance report or title insurance23
policy relating to immovable property shall be based upon an examination of title24
which shall be conducted the public records or a personal examination of an25
abstract. Such examinations shall be conducted and title opinion rendered only26
by an attorneys duly licensed and authorized to practice law in Louisiana as27
provided in R.S. 37:212. The examination and resulting opinion, if it furnishes the28
basis of a title insurance report or title insurance policy relating to immovable29 SB NO. 36
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property, shall be reduced to writing by the attorney. The title opinion shall contain1
the following:2
* * *3
Section 2. R.S. 37:212(A)(2)(d) is hereby amended and reenacted to read as follows:4
§212. "Practice of law" defined5
A. The practice of law means and includes:6
* * *7
(2) For a consideration, reward, or pecuniary benefit, present or anticipated,8
direct or indirect;9
* * *10
(d) Certifying or giving opinions, or rendering a title opinion as a basis of11
any title insurance reports as provided in R.S. 22:512(17), as it relates to title to12
immovable property or any interest therein or as to the rank or priority or validity of13
a lien, privilege or mortgage as well as the preparation of acts of sale, mortgages,14
credit sales or any acts or other documents passing titles to or encumbering15
immovable property.16
* * *17
Section 3. This Act shall become effective on January 1, 2012.18
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 a title insurance report may only be issued based on a title opinion
rendered by an attorney at law licensed to practice law in this state.
Present law defines "abstract" or "abstract of title" as "a written history, synopsis, or
summary of the recorded instruments affecting the title."
Proposed law defines "abstract of title" or "abstract" as a written history, synopsis or
summary of the recorded instruments indexed in the public records affecting the title to
immovable property that is prepared and certified by the abstractor covering the requisite
search periods set forth in present law.
Proposed law requires that the abstract include a photocopy or electronic copy of the
recorded instruments or extracts prepared by the abstractor reviewing the records.
Proposed law requires that the abstract be dated and signed by the abstractor and presented
for examination to an attorney duly licensed and authorized to practice law in this state as SB NO. 36
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provided in present law.
Present law provides that the certifying or giving of an opinion to the title of immovable
property is defined as the practice of law. Proposed law adds to the definition in present law
by providing that rendering a title opinion as a basis for issuing a title insurance report also
constitutes the practice of law.
Effective January 1, 2012.
(Amends R.S. 22:512(1) and 17(b)(vi) and R.S. 37:212(A)(2)(d))