Mortgage

The Mortgage Department is responsible for issuing Mortgage , Non-Lien and, UCC Certificates pursuant to applicable Louisiana statutes. As per statutes, all requests for certificates must be in writing. As the request is written, requests for certificates may also be received via facsimile.

Mortgage Certificates are issued by the department on a first come, first served basis. You must provide us with the name(s) you want us to check and legal property description. If a legal property description is not available, the information may be obtained by calling the Vermilion Parish Assessor at (337) 893-2837.

A Mortgage Certificate, more correctly called a “Certificate of Non – Mortgage,” is not a title opinion and makes no representation as to who might actually own the property described on the certificate. Previously issued certificates may be “up-dated” by the department however, the original certificate must be presented and must be less than one year old.

Non-Lien certificates are also issued by the Mortgage Department. As with mortgage certificates, the request must be in writing. The request must include the name (s) you want us to check, the date the contract was signed and, a brief description of the work. Unless otherwise requested, the Non-Lien Certificate will be issued when requested.

UCC Certificates are issued by the Mortgage Department as well. The requests must be in writing on a Louisiana approved UCC- 11 form, one debtor name per request. A Federal tax ID number should be provided although it is not yet required by statute. The lack of a Federal tax ID number, will impact the results of your UCC certificate. For current standard forms, please visit www.sos.la.gov

Cancellations of all types must first be submitted to the Cancellation Clerk in the Recording Department before they will be accepted for recording by the Recording Department. This is to verify the information contained in the cancellation form. Cancellations in Vermilion Parish must be in authentic form, I.E., executed before a Notary Public, signed by the affiant. UCC terminations must be prepared on a Louisiana approved form and may be sent directly to the Recording Department.

Please find below the links to the current forms being used by our office.

(forms coming soon)

Item to be Cancelled

Documentation Required – Cancellation Form

Appearance Bond
Motion and Order signed by Judge, Sheriff, and District Attorney (must be recorded)
Appearance Bond – Out of Parish
Letter from District Attorney of the particular parish or a certified copy of minutes plus Motion & Order signed by Judge of that parish’s district court.
Attorney Lien
Letter from attorney who filed the lien.
Bankruptcy
Motion and Order from Bankruptcy Court that lists the debts to be cancelled.
Building Contract
Letter signed by Owner & Contractor – must be notarized.
Clerk’s Certificate
See Minor’s Mortgage
Court Appeal
Whoever won the appeal must give the authority to cancel by letter.
Estate Lien
Notarized affidavit from plaintiff who filed the lien.
Funeral Lien
Letter from Attorney who handled the claim for the Funeral Home or notarized affidavit signed by Funeral Home.
Abbeville City Court
Certified copy of Satisfaction from Abbeville City Court or letter from plaintiff’s attorney or notarized from plaintiff.
Judgment Forfeiture Bail Bond
Motion & Order signed by Judge
Judgment
See LRS 9:5169 Notarized affidavit signed by plaintiff.
Justice of the Peace Judgment
See LRS 9:5169 Notarized affidavit signed by plaintiff.
Labor & Material Lien
Letter from attorney if their client was the lien holder listed or notarized affidavit from whoever filed lien. A cash bond or surety bond must be deposited into the Registry of Court. The surety bond will be recorded in the mortgage records. The bond must be 125% of the amount of the lien.
Lis Pendens
Letter from plaintiff’s attorney or a notarized affidavit signed by plaintiff.
Minor’s Mortgage
If minor is 22 or older at the time of cancellation, the Clerk’s Office must be presented a notarized affidavit from him or her stating their date of birth and that they are of age, and granting the Clerk the authority to cancel their mortgage. If minor is under 22, the Clerk’s Office must be presented a Motion and Order signed by a Judge ordering the Clerk to cancel the minor’s mortgage.
Mortgage Note – Conventional
See LRS 9:5170 Original Promissory Note with original signatures (must be paraphed) and marked paid.
Mortgage or Privilege
See LRS 9:5172 Released by Licensed Financial Institution.
Assignment of Rents and Leases
See LRS 9:5169 Release of Unparaphed Obligation
Lost Note Affidavit – Notary
See LRS 9:5167A for the special case of a lost or destroyed promissory note secured by a mortgage on immovable property after receipt by a notary public who satisfied the promissory note out of the proceeds of an act of sale or mortgage executed before him.
Multiple Indebtedness Mortgage
Standard Form used by banks and signed by bank. The form must be notarized. See LRS 9:5172 and LRS 9:5169.
Notice of Seizure
A letter from plaintiff’s attorney or a notarized Affidavit signed by plaintiff delivered to the Sheriff starts the cancellation process. Upon receipt of written authorization from Sheriff in accordance with LRS 13:3859, the clerk cancels the inscription.
Prescription of Liens or Judgments
Notarized affidavit claiming Lien or Judgment has prescribed. The affidavit must establish that the requestor is a party in interest within the meaning of the law. Must also provide a Clerk’s Civil Certificate. Also site statute as per CC Art. 3368.
Prescription of Mortgage
Notarized affidavit claiming Mortgage has prescribed (generally over 10 years after the event triggering the prescriptive period). Must state one of the following statutes: CC 3357, CC 3358, CC 3359.
Request for Notice of Seizure
Notarized Affidavit from bank.
Surveyor’s Lien
Notarized Affidavit from surveyor.
Tax Lien
Release from IRS or State.
UCC Terminations
Must be prepared on a Louisiana approved form; Non-standard forms are acceptable at an increased fee. See UCC fees.
See the “Fee & Links” page for Mortgage Department charges.
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