ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 182
Regular Session, 2014
HOUSE BILL NO. 567
BY REPRESENTATIVE SHADOIN
AN ACT1
To amend and reenact R.S. 9:4835(A) and (B), relative to the filing of security in certain2
civil proceedings under the Private Works Act; to provide for the form of security3
to be filed; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:4835(A) and (B) are hereby amended and reenacted to read as6
follows: 7
ยง4835. Filing of bond or other security; cancellation of statement of claim or8
privilege or notice of pendency of action9
A. If a statement of claim or privilege or a notice of pendency of action is10
filed, any interested party may deposit with the recorder of mortgages either a bond11
of a lawful surety company authorized to do business in the state, or cash, or certified12
funds, or a federally insured certificate of deposit to guarantee payment of the13
obligation secured by the privilege or that portion as may be lawfully due together14
with interest, costs, and attorney fees to which the claimant may be entitled up to a15
total amount of one hundred twenty-five percent of the principal amount of the claim16
as asserted in the statement of claim or privilege or such a suit. A surety shall not17
have the benefit of division or discussion.18
B. If the recorder of mortgages finds the amount of the cash, or certified19
funds, or certificate of deposit or the terms and amount of a bond deposited with him20
to be in conformity with this Section, he shall note his approval on the bond and21
make note of either the bond or of the cash, or certified funds, or certificate of22
deposit in the margin of the statement of claim or privilege or notice of pendency of23
action as it is recorded in the mortgage records and cancel the statement of claim or24 ENROLLEDHB NO. 567
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privilege or the notice of pendency of action from his records by making an1
appropriate notation in the margin of the recorded statement or notice. The bond2
shall not be recorded but shall be retained by the recorder of mortgages as a part of3
his records.4
* * *5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: