HLS 12RS-757 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 451
BY REPRESENTATIVE ABRAMSON
MORTGAGES: Provides for priority of mortgages
AN ACT1
To enact R.S. 9:5396, relative to priority of mortgages; to provide for priority of mortgages2
on separate property; to provide with respect to false declarations; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:5396 is hereby enacted to read as follows: 6
ยง5396. Priority of mortgage on separate property7
When it is determined in accordance with Civil Code Article 2342 that a8
declaration contained in an act of acquisition that property acquired with separate9
funds as the separate property of a spouse is false, any conventional mortgage10
executed for that separate property by the acquiring spouse shall be superior in rank11
to any judicial mortgage, lien, or privilege against the non-acquiring spouse.12
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)]
Abramson HB No. 451
Abstract: Provides that a mortgage acquired on the separate property of a spouse has
priority over a mortgage, lien, or privilege of the other spouse, even when it is
determined that the separate property was acquired with community assets.
Present law provides procedures by which a declaration in an act of acquisition that things
have been acquired with separate funds as the separate property of a spouse may be
controverted. HLS 12RS-757 ORIGINAL
HB NO. 451
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides for priority of a mortgage acquired with separate property of a spouse
over a mortgage, lien, or privilege of the other spouse, even when it is determined the
separate property was acquired with community funds.
(Adds R.S. 9:5396)