Louisiana Mortgage Deed

State:
Multi-State
Control #:
US-03109BG
Format:
Word; 
Rich Text
Instant download

Description

A mortgage deed is a document which gives a lender legal right and interest in a property. Generally, a borrower is pledging his home as security for a loan. The mortgage deed evidences the lender's ownership in the property. It operates very much the same as a mortgage or deed of trust. The lender can foreclose on the property if the debtor does not make timely payments.
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FAQ

Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.

A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property.

Please contact the Land Records/Copy Department at 337-291-6300 for any assistance. For further information about the Land Records/Copy Department call (337) 291-6300 or fax at (337) 291-6393.

Once you complete the form, file it with the parish in which the real property sits and pay the applicable recording fee. Most quitclaim deeds will be less than five pages, meaning the fee will be $105.00.

The most common form of transferring property ownership in Louisiana is done via a voluntary contract through the owner, also known as the seller, and the transferee, also known as the buyer. Real estate ownership is transferred using a valid contract, also known as an authentic act.

A transfer of real (immovable) property can be made by authentic act or by an act under private signature duly acknowledged (CC1839 Art. 1839). An authentic act must be executed in the presence of two witnesses, signed by each party executing it, and signed by the notary public and witnesses.

A quitclaim deed transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property. The title is transferred without any amendments or additions.

Forms for a deed, referred to as "an act of sale" in Louisiana, must contain the true sales price.

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Louisiana Mortgage Deed