RÉSUMÉ DIGEST
ACT 173 (SB 236) 2017 Regular Session LaFleur
Prior law, relative to clerks of court, provided that the uniform filing fee that a recorder may
charge for the filing and recordation of a multiple indebtedness mortgage executed in
accordance with C.C. Art. 3298 is $25, plus $10 for each subsequent page, and $5 for each
name after the first name that is required to be indexed.
New law provides that the uniform filing fee that a recorder may charge for the filing and
recordation of a multiple indebtedness mortgage executed in accordance with C.C. Art. 3298
is as set forth in new law (R.S. 13:844).
Prior law provided that for purposes of establishing the recordation fee, every multiple
indebtedness mortgage filed for recordation shall be captioned as a "multiple indebtedness
mortgage" or "multiple obligations mortgage" on the first page, and shall have on the first
page a margin of two inches at the top and one inch at the bottom and on each side, and all
subsequent pages shall have a margin requirement of one inch on all sides. In addition, the
type size shall be not less than eight point. Further, for any document not in compliance with
these requirements there shall be an additional noncompliance fee of $10 per document. New
law deletes prior law.
Prior law provided that recorders may charge the following fees:
(1)For filing and recording any document, $25 per book for the first page and $10 for
each subsequent page per book up to 10 pages. All documents that exceed 10 pages,
$25 for the first page and $8 for each subsequent page.
(2)For indexing of all documents filed for record for each name after the first name that
is required to be indexed, $5 per name.
(3)For notarizing acknowledgments of acts executed under private signature, with seal
and certificate, $5.
(4)For certificate of real estate mortgage and lien certificate with seal, for each name in
which search is made, and for one definable property only, $20 for the first name and
$10 for each additional name. There shall be an additional charge of $1 per exception
in the event that more than 10 exceptions are contained on a certificate.
(5)For canceling real estate mortgage, with original note, $10.
(6)For making copies of all official documents, no more than $2 per page.
(7)For attesting any record or copy thereof, $5.
(8)For canceling of lien for paving or installation of sewerage system, $10.
New law provides that recorders shall charge the following fees for filing and recording
documents:
(1)For one to five page documents, $100.
(2)For six to 25 page documents, $200.
(3)For 26 to 50 page documents, $300.
(4)For documents in excess of 50 pages, $300 for first 50 pages and $5 for each
subsequent page.
(5)For indexing of all documents filed for record for each name after the tenth name that
is required to be indexed, $5 per name.
(6)The above set forth fees (1) through (5) shall be inclusive of the following: (a)Indexing of all documents filed for record for up to 10 names.
(b)One certified copy of the recorded document or e-certification of document.
(7)Notwithstanding any other provision of law to the contrary, there shall be a fee of $50
for the recordation of an act or affidavit to cancel a single mortgage, lien, or
privilege.
(8)If a document is to be recorded and filed in both the mortgage and conveyance
records, the fees provided in new law shall be assessed separately for recording in the
mortgage records and in the conveyance records.
(9)Documents to be recorded may be either letter-size paper (8.5 x 11 inches) or
legal-size paper (8.5 x 14 inches) and the recording fees set forth in new law shall be
the same regardless of which size paper is used. For any other size paper, there shall
be an additional fee of $20 per page.
(10)For notarizing acknowledgments of acts executed under private signature, with seal
and certificate, $10.
(11)For certificate of real estate mortgage and lien certificate with seal, for each name in
which search is made, and for one definable property only, $20 for the first name and
$10 for each additional name. There shall be an additional charge of $1per exception
in the event that more than 10 exceptions are contained on a certificate.
(12)For canceling real estate mortgage, with original note, $10.
(13)For making copies of all official documents, no more than $2 per page.
(14)Except as otherwise provided in new law (R.S. 13:844(A)(1)(f)(ii)) for attesting any
record or copy thereof, $10. For a file-stamped conformed copy, $5.
New law defines "document" as those pages presented together for filing or recording,
inclusive of the act, together with exhibits, riders, or additional documents attached thereto,
including but not limited to powers of attorney, property description exhibits, tax certificates
and researches, mortgage certificates, resolutions, certificates and surveys. Requires that
every document filed for recordation shall be captioned as to type of act on the first page, and
shall have on the first page a margin of two inches at the top and one inch at the bottom and
sides. The type size shall not be less than eight point.
Prior law provided that the funds derived by the clerk of court in the parish of Calcasieu from
that portion of the fees collectable pursuant to prior law above the amount of such fees
collectable at the rates provided by R.S. 13:844 prior to the amendment thereof at the 1981
Regular Session of the Legislature shall be expended exclusively for the payment of salaries
of deputy clerks of court in that parish. New law deletes prior law.
Prior law provided that in addition to the above charges, the clerks of court as ex officio
notaries public may make a reasonable charge for drawing deeds, mortgages, chattel
mortgages, liens or other similar instruments. New law retains prior law.
Prior law, for purposes of establishing the filing and recording fee, provided that every
document filed for recordation shall be captioned as to type of act on the first page, and shall
have on the first page a margin of two inches at the top, and one inch at the bottom and sides.
The type size shall not be less than eight point. Provided that for any document not in
compliance with these requirements, there shall be an additional $10 noncompliance fee per
document.
Prior law provided that in addition to the fees otherwise provided in prior law, the clerk of
the 24th JDC for Jefferson Parish may demand and receive additional fees in an amount not
to exceed 25% of the fees specified in prior law, such funds so derived to be expended
exclusively for the payment of salaries of deputy clerks of court in that parish. New law
deletes prior law. Prior law authorized the clerks of court and ex officio recorders and registers of conveyances
and recorders of mortgages to make additional copies, by means of the microphotographic
process, of all original acts and/or records thereof, including criminal records, of every nature
and kind in their custody by virtue of their various official capacities filed or recorded in their
offices prior to July 29, 1964, and subsequent thereto. New law authorizes them to make
additional copies by any means authorized by new law; otherwise retains prior law.
Prior law authorized such clerks of court and ex officio recorders and registers to purchase
the necessary microphotographic equipment and equipment used to retrieve from storage
microfilm copies, to lease such equipment or to contract with competent independent
contractors, or both, according to their discretion, to cause the records described in this
section to be copied and reproduced by means of the microphotographic process. New law
authorizes them to purchase the necessary equipment for photorecording, photocopying,
microfilming, or electronic imaging, to lease such equipment or to contract with competent
independent contractors, or both, according to the discretion of said clerks of court and ex
officio recorders and registers, to cause such records to be copied and reproduced.
Prior law authorized each such clerk of court and ex officio recorder and register to defray
the cost of copying, reproducing and retrieving the records described in this section,
including the cost of microphotographic and retrieval equipment and services, out of any
funds available in the clerk's salary fund. New law authorizes each such clerk of court and
ex officio recorder and register to defray the cost of copying, reproducing, and retrieving the
records described in prior law out of any funds available in the clerk's salary fund
Prior law required that the clerks of court, including the clerks of the Criminal or Civil
District Courts for the parish of Orleans, make and retain in their custody, by means of the
microphotographic process, a copy of all original criminal and civil records of every nature
and kind, which are deemed permanent under a record retention and disposal schedule
adopted by the secretary of state and the clerks of court in accordance with R.S. 44:410 and
411. Provided that the clerks of court may then destroy the original criminal records and any
other records, the destruction of which is authorized by R.S. 13:917, which have been so
copied and retained. However, all records in suits affecting records relating to immovable
property, or adoption, interdiction, successions, trusts, or emancipation created prior to 1922
shall be retained in their original form.
New law requires that prior to destroying the original criminal records and any other records
of every nature and kind that are deemed permanent under a record retention and disposal
schedule adopted by the secretary of state and the clerks of court in accordance with R.S.
44:410 and 411, the destruction of which is authorized by R.S. 13:917, the clerks of court,
including the clerks of the Criminal or Civil District Courts for the parish of Orleans, make
and retain in their custody a copy of such records electronically on non-rewritable magnetic,
optical or laser type storage media, including but not limited to CD-ROM. Provides that no
cause of action for any claim shall exist against a clerk of court for any damage or loss
resulting from the destruction of an original record after proper preservation of the record in
accordance herewith. However, all records in suits affecting records relating to immovable
property, or adoption, interdiction, successions, trusts, or emancipation created prior to 1922
shall be retained in their original form.
Prior law provided that in all cases where the clerks of court and recorders of the various
parishes throughout the state, Orleans Parish excepted, are required by law to make records
of filings, documents, pleadings, and all other written instruments, except indexes, and
registers of the same, such records may be made by any method of photorecording,
photocopying, microfilming, or other photographic method of reproduction or electronically
on non-rewritable magnetic, optical, or laser type storage media, including but not limited
to CD-ROM. However, the film stock used in making photographic or microphotographic
copies and the processing of the copies shall comply with the standards of the American
National Standard Institute for permanent record photographic microcopying film and the
electronic media used shall comply with the standards of the International Standards
Organization for electronic storage of records.
New law specifically includes indexes and registers of the records; otherwise retains prior
law. Prior law provided that whenever recordation by means of photorecording, photocopying,
microfilming, or other photographic method of reproduction is used or when electronic
recordation on non-rewritable magnetic, optical, or laser type storage media is used, any
requirement expressed or implied in law for the above-mentioned records, other than indexes
and registers of the same, to be maintained in a book or bound volume shall be satisfied by
the appropriate storage unit of microfilm or other photographic method employed, or tape
or disk; however, the originals of conveyances, probate, mortgage, and other permanent
records required by existing law to be kept for all time shall continue to be maintained in a
book or bound volume and shall remain subject to examination and copying under the
provisions of R.S. 44:31 et seq., and other applicable laws.
New law specifically includes indexes and registers of the records and in lieu of maintaining
the original of permanent records required to be kept for all time in a book or bound volume,
if a clerk of court elects to record by means of microfilming or other photographic method
of reproduction, or electronically, he shall have copies of the films, tapes, or disks available
for inspection, examination, and copying under the provisions of R.S. 44:31 et seq., and other
applicable laws.
Prior law required recorders to keep indexes, both direct and inverse, to all acts filed for
record in their respective offices which indexes shall contain, in alphabetical order,
references to the names of the parties to the acts, to the file number assigned on recordation
to the day, month, and year in which they are recorded, and to the book and page in which
they are recorded.
New law retains prior law and additionally requires that all recorders adopt and adhere to any
indexing standards that have been promulgated by the Louisiana Clerks' Remote Access
Authority.
Prior law required that the clerk of court and recorder only display the last four digits of the
social security numbers listed on instruments that his office makes available for viewing on
the Internet. New law requires that the recorder only display the last four digits of the social
security numbers or taxpayer identification numbers listed on instruments that his office
makes available for viewing on the Internet.
Prior law provided that a clerk of court, as ex officio recorder, the Orleans Parish register of
conveyances, or its successor, or the Orleans Parish recorder of mortgages or its successor,
hereinafter referred to as "recorder", is authorized but not required to adopt and implement
a published plan which shall include a written contract between the clerk of court, the
Orleans Parish register of conveyances, or its successor, or the Orleans Parish recorder of
mortgages, or its successor, and the filer, which complies with the Louisiana Uniform
Electronic Transactions Act, and which provides for the acceptance of an electronic record
of any recordable written instrument except original maps, plats, property descriptions, or
photographs as related to the work of a professional surveyor engaged in the "Practice of
Land Surveying" as defined in R.S. 37:682 for filing and recording submitted by any person,
department, political subdivision, agency, branch, entity, or instrumentality of Louisiana or
of the federal government or of a state-chartered or federally chartered financial institution
insured by the Federal Deposit Insurance Corporation or the National Credit Union
Administration. Required that the filer of such an electronic record certify to the recorder that
the written instrument from which the electronic record is taken conforms to all applicable
laws relating to the form and content of instruments which are submitted in writing. Provided
that immediately after acceptance of an electronic record for filing, the recorder shall endorse
such record with the date, hour, and minute it is filed. An electronic filing received on a legal
holiday or at any time other than during the normal business hours of the recorder shall be
accepted for filing on the next business day by the same procedure followed when a paper
document is received in the mail of the recorder at any time other than during normal
business hours. Provided that an electronic record shall be effective with respect to a third
person from the time of its filing in the same manner as if the written instrument had been
filed.
New law requires that on or before January 1, 2022, each clerk of court, including the
Orleans Parish register of conveyances or its successor and the Orleans Parish recorder of
mortgages or its successor, adopt and implement a plan for recording electronic documents
in accordance with new law. New law provides that clerks of court shall not be liable for any damages caused by any third
party to any information included in pleadings or documents accepted for filing by the clerk
of court.
Effective August 1, 2017.
(Amends R.S. 9:5217, R.S. 13:844, R.S. 44:40(A), (B), (C), and (E), 116(A) and (B), and
161, C.C. Art. 3352(C), and C.C.P. Art. 258(A); adds C.C.P. Arts. 258(D) and 259)