HLS 12RS-759 REENGROSSED Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 452 BY REPRESENTATIVE ABRAMSON MORTGAGES: Provides for the deletion of inscriptions on mortgage certificates AN ACT1 To amend and reenact R.S. 13:4344.1(A)(introductory paragraph), (6), and (7), (D), (E), and2 (F) and to enact R.S. 13:4344.1(G) and (H), relative to inscriptions on mortgage3 certificates; to provide for deletion of inscriptions; to delete antiquated references to4 the recorder of mortgages for Orleans Parish; to provide for technical corrections;5 to provide for inscriptions of cancelled and prescribed mortgages; to provide for6 retroactive application; and to provide for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 13:4344.1(A)(introductory paragraph), (6), and (7), (D), (E), and (F)9 are hereby amended and reenacted and R.S. 13:4344.1(G) and (H) are hereby enacted to read10 as follows: 11 ยง4344.1. Deletion of inscriptions on mortgage certificates ordered by a sheriff12 A. For immovable property procured pursuant to a judicial sale under a writ13 of fieri facias or a writ of seizure and sale, the clerk of court, or the recorder of14 mortgages for Orleans Parish, or his successor, shall partially cancel from a15 mortgage certificate ordered in connection with a judicial sale the inscription of any16 legal or judicial mortgage, lien, or privilege, appearing on the certificate, only insofar17 as the foreclosed property is concerned, upon the filing of an affidavit executed by18 an officer of a title insurer duly licensed by the Louisiana Department of Insurance.19 The affidavit shall set forth all of the following:20 * * *21 HLS 12RS-759 REENGROSSED HB NO. 452 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (6) A direction from the title insurer to the clerk of court or recorder of1 mortgages to partially cancel from the mortgage certificate the encumbrance2 identified on the affidavit.3 (7) The title insurer agrees to be liable to and defend and indemnify the clerk4 of court or recorder of mortgages, the sheriff, and any person relying upon the5 cancellation by affidavit for any damages that they may suffer as a consequence of6 such reliance if the recorded affidavit contains incorrect statements that cause the7 recorder clerk of court to incorrectly partially cancel on the mortgage certificate8 ordered in connection with the judicial sale the inscription of a mortgage, lien,9 privilege, or other encumbrance from the mortgage certificate.10 * * *11 D. Any person in whose favor a partially canceled inscription was recorded12 shall have a cause of action against the title insurer in the event the mortgage, lien,13 privilege, or other encumbrance which was partially canceled from the clerk's14 mortgage certificate was legally enforceable at the time of the deletion against the15 person or property described in that certificate because the obligor under the legal16 or judicial mortgage, lien, or privilege, was in fact the same person whose property17 was sold. The cause of action created by this Subsection shall prescribe on the same18 date that the cause of action to enforce the underlying legal or judicial mortgage,19 lien, or privilege prescribes.20 E. A title insurer whose officer has signed an affidavit that is provided to the21 clerk of court or the recorder of mortgages pursuant to this Section and that contains22 incorrect statements causing the recorder clerk of court to incorrectly partially cancel23 the inscription of a mortgage or privilege from his certificate is liable to and shall24 defend and indemnify the clerk of court or the recorder of mortgages, the sheriff, and25 any person relying upon the partial cancellation on the mortgage certificate for any26 damages that they may suffer as a consequence of such reliance.27 F. The clerk of court and the recorder of mortgages shall not be liable for any28 damages resulting to any person or entity as a consequence of partially canceling29 HLS 12RS-759 REENGROSSED HB NO. 452 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. from the certificate a legal or judicial mortgage, lien, or privilege pursuant to an1 affidavit which complies with the provisions of this Section.2 G.(1) It shall not be necessary to delete, cancel, or partially release3 inscriptions that may appear on a mortgage certificate ordered in connection with a4 judicial sale for the following:5 (a) Any assignment, assumption, or modification of a cancelled mortgage.6 (b) Prescribed judicial mortgages which have not been reinscribed or for7 which no notice of pendency of action of a revival action is shown on the mortgage8 certificate.9 (2) The sheriff shall proceed with the judicial sale without regard to the10 inscriptions designated in this Subsection.11 H. The provisions of this Section shall apply retroactively to any inscription12 appearing on any mortgage certificate ordered in connection with a judicial sale.13 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. 452 Abstract: Provides relative to inscriptions on mortgage certificates and directs the sheriff to disregard inscriptions of certain cancelled and prescribed mortgages. Present law provides for cancellation of inscriptions on mortgage certificates and liability for inscriptions wrongfully cancelled. Proposed law maintains present law and directs the sheriff to disregard inscriptions of certain cancelled and prescribed mortgages and proceed with judicial sale. Further removes antiquated references to the recorder of mortgages of Orleans Parish. (Amends R.S. 13:4344.1(A)(intro. para.), (6), and (7), (D), (E), and (F); Adds R.S. 13:4344.1(G) and (H))