Mortgage Types

posted in: Mortgages & Conveyances | 0

TO:  All Clerks of Court

Please find attached a revised Uniform Request and Cancellation Affidavit that is to be used beginning August 15th in accordance with Act 124.  If you have any questions regarding this form, please contact the Louisiana Clerks of Court Association.

Uniform Request and Cancellation Affidavit
(Required by LA. Legislative Act 124 , 2011)


Mortgages

A mortgage is a contract specifying the terms and conditions by which certain property is held as security by a creditor for the repayment of a debt.

A mortgagee is the holder of the mortgage, and a mortgagor is the person who mortgages the property.

The Clerk of Court’s office receives and files all mortgages and conveyances that are to be recorded in the Public Records of St. Landry Parish. These instruments are then computer indexed and filed.
Types of Mortgage Certificates and requirements for obtaining one are as follows:

Real Estate Mortgage Certificate

This is a document that is issued by the Clerk of Court listing liens or encumbrances against a specific piece of property. It reflects the name of the owners of the property and any encumbrances against the property.
Requirements for obtaining one:

  1. Names of the owners of the property and social security number, if possible.
  2. Legal property description of the property in question.
  3. Signed mortgage request form (available in the Clerk’s Office) or signed letter requesting mortgage certificate.

A Real Estate Mortgage Certificate is needed in order for an individual to use property as security in posting an Appearance Bond with the Sheriff’s Office.

Supplemental Real Estate Mortgage Certificates

This list liens or encumbrances on a certain piece of property since a previous Real Estate Mortgage Certificate.

Requirements for obtaining one:

  1. Original Mortgage Certificate which is being supplemented.
  2. Signed request form (available from the Clerk’s Office) or signed letter requesting mortgage certificate.


General Real Estate Mortgage Certificate

This certificate lists liens or encumbrances against a specified person or business.


Requirements for obtaining one:

  1. Name of person(s) or business in question.
  2. Signed request form (available from the Clerk’s office) or signed letter requesting certificate.


Accounts Receivable Certificate (5 yrs)

Lists any assignments or accounts receivable and statements of assignments of accounts receivable for a five year period. Searches are limited to the Conveyance vendor records.

Requirements for obtaining one:

  1. Name of person or business in question
  2. Signed request form or letter requesting certificate.


Clear Lien Certificate

This list liens against a contractor on a certain job from the date of the building contract through the current date.

Requirements for obtaining one:

  1. Name of contractor and person for whom the job was done.
  2. Date contract was recorded and recordation information (book and page number)
  3. Date contract was accepted and recordation information.
  4. Name of job.
  5. Signed request form.


Chattel/U.C.C. Department

These are mortgages on movable property. Chattel mortgages have been placed by the Uniform Commercial Code whereby U.C.C. records are entered into a central computer which feeds into the Secretary of States office. The Parish Clerk of Court has access to this system for research purposes.

Chattels – are generally researched for 5 years unless a longer period is requested.

General Chattels – are researched for 10 years.

Supplemental Chattels – lists liens or encumbrances on a certain piece of property since a previous chattel certificate.

U.C.C’s

This is completed by the mortgagee (FHA, ASCS, Banks, Dealers, etc.) and is brought to the Clerk’s office to be recorded.

Requirements for obtaining one:

  1. Name and address of the Debtor and the secured party..
  2. U.C.C. 11 form obtained from mortgagee.