Louisiana House Bill HB422

Louisiana 2015 Regular Session

• Introduced: 4/2/15
• Refer: 4/2/15
• Refer: 4/13/15

Caption

Provides relative to affidavits of corrections

Impact

The amendments made by HB 422 will have a significant impact on the legal processes related to property transactions in Louisiana. By broadening the list of individuals who can undertake corrections, the bill is expected to reduce the administrative burden on notaries and potentially decrease the time required to rectify mistakes in property deeds or notarial acts. This could lead to improved accuracy in public records and provide greater flexibility for attorneys and notaries, fostering smoother property transactions.

Summary

House Bill 422 addresses the correction of clerical errors in notarial acts relating to both movable and immovable property. This bill expands the scope of who can execute affidavits of corrections to include not only the notaries who originally witnessed or prepared such acts but also attorneys who inspect public records and identify clear errors. The intent of this legislation is to streamline the process of correcting clerical errors and clarify the authority for executing such corrections, thereby enhancing efficiency in transactions involving property.

Sentiment

The sentiment surrounding HB 422 appears to be positive among legal professionals who recognize the necessity for efficient correction procedures within property-related deeds. Advocates argue that this bill is a pragmatic response to common issues faced in the realm of real estate and property law. While there might be some concerns regarding the potential for abuse or a lack of oversight when allowing attorneys to execute these affidavits, the overall perspective highlights an eagerness for a more expedient resolution to clerical errors.

Contention

While HB 422 is largely seen as a beneficial reform, there may be contention regarding the implication of extending correction powers to attorneys. Critics could voice concerns about the qualifications necessary for an attorney to certify errors, fearing inconsistencies in the execution of affidavits. Additionally, the expansion of authority could lead to debates on the accountability of individuals making these corrections, emphasizing the need for safeguards to ensure accuracy and reliability in legal documentation.