Louisiana 2014 Regular Session

Louisiana House Bill HB539 Latest Draft

Bill / Chaptered Version

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ACT No. 516
Regular Session, 2014
HOUSE BILL NO. 539
BY REPRESENTATIVE STOKES
AN ACT1
To amend and reenact R.S. 6:966.1(A)(introductory paragraph), (B), and (C), relative to2
default remedies; to amend the time delay for submission of a notice of repossession;3
to provide for the methods of submission of the notice; to provide for proof of the4
notice; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 6:966.1(A)(introductory paragraph), (B), and (C) and are hereby7
amended and reenacted to read as follows: 8
ยง966.1.  Notice of repossession; contents; fees9
A. Within three business days of taking possession of collateral, a secured10
party who utilizes the additional default remedies provided by this Chapter to obtain11
possession of collateral shall file deliver in person or send by mail a "Notice of12
Repossession" with to the recorder of mortgages in the parish where the collateral13
was located and with to the appropriate official for filing purposes. The "Notice of14
Repossession" shall contain the debtor's name, last known address, date of birth, and15
a description of the collateral repossessed.  If the "Notice of Repossession" is sent16
by mail, the timeliness of the mailing shall be shown only by an official United17
States postmark or by official receipt or certificate from the United States Postal18
Service or private delivery service. For purposes of this Section, the appropriate19
official shall be:20
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B.  Within three business days of taking possession of collateral, The the22
secured party shall deliver in person or send by mail a pay payment of seventy-five23
dollars to the recorder of mortgages and two hundred fifty dollars to the appropriate24
official for each "Notice of Repossession" filed. If the payment is sent by mail, the25 ENROLLEDHB NO. 539
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are additions.
timeliness of the mailing shall be shown only by an official United States postmark1
or by official receipt or certificate from the United States Postal Service or private2
delivery service.3
C. If the sheriff is the appropriate official in the parish of Orleans, then there4
shall be no fee paid to the sheriff; however, the "Notice of Repossession" shall still5
be filed with the sheriff pursuant to the requirement set forth in Subsection A of this6
Section.7
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: