§2208. Sale or donation of adjudicated property; sale of immovable property to enforce a
tax lien held by a political subdivision; affidavit
A.Contemporaneously with or subsequent to the filing of the act of sale or donation
of adjudicated property or the sale of immovable property to enforce a tax lien held by a
political subdivision, the transferee or his successors or assigns shall file with the recorder
of mortgages of the parish in which the property is located an affidavit indicating how the
tax sale parties or the tax lien auction parties whose interests have been or will be terminated
were identified, how the address of each such person was obtained, how the written notice
was sent, the results of sending the written notice, and the dates of publication. For sales and
donations of
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§2208. Sale or donation of adjudicated property; sale of immovable property to enforce a
tax lien held by a political subdivision; affidavit
A. Contemporaneously with or subsequent to the filing of the act of sale or donation
of adjudicated property or the sale of immovable property to enforce a tax lien held by a
political subdivision, the transferee or his successors or assigns shall file with the recorder
of mortgages of the parish in which the property is located an affidavit indicating how the
tax sale parties or the tax lien auction parties whose interests have been or will be terminated
were identified, how the address of each such person was obtained, how the written notice
was sent, the results of sending the written notice, and the dates of publication. For sales and
donations of adjudicated property, the affidavit shall also contain a statement of any interest
to which the purchaser or donee takes subject. The recorder of mortgages shall index the
affidavit under the names of the owner filing the affidavit and each tax debtor, as mortgagors.
The affidavit shall be sufficient if it is in the following form:
"AFFIDAVIT
BY
[NAME OF AFFIANT]
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF ____________________
This affidavit shall be indexed under each of the following names as mortgagor:
(a) [Name of owner causing the filing of the affidavit]
(b) [Name of each tax debtor]
(c) [Names of other tax lien auction parties]
BE IT KNOWN, on the ________day of______________ [MONTH], _________
[YEAR],
BEFORE ME, the undersigned notary public, duly qualified in and for the state and
parish aforesaid, and in the presence of the undersigned competent witness, PERSONALLY
CAME AND APPEARED:
__________________________________ [name of affiant], major domiciliary of
the Parish of __________________________________, State of Louisiana ("affiant"), who,
after being duly sworn, deposed and stated that on his personal knowledge:
1. Affiant personally examined [name of abstract] [title certificate] [the public
records] (the "abstract") affecting the following described immovable property located in the
Parish of ___________________, State of Louisiana (the "property"):
2. A review of the abstract by the Affiant revealed the following persons or entities
with an interest in the property, which interest is listed beside the name:
Name
Interest in property
Recordation information
3. Affiant reviewed the documents listed in the abstract, the telephone book published
by [name of telephone book publisher] for the Parish of __________________ dated for use
until [date], and utilized all the resources under [list other examination resources, including
internet search engines, if any], and the search revealed the following last known addresses
for the persons listed in Item 2 above:
Name
Address
4. Affiant reviewed the records of the Louisiana Secretary of State and the secretary
of state of the states set forth by the names of the entities listed below, and the search
revealed the following addresses for the entities listed in Item 2 above:
Name
State
Address
5. Affiant caused to be sent a written notice notifying the persons or entities listed in
Item 2 above at the addresses listed in Items 3 and 4 above. A sample of the form of the
written notice is attached and satisfied R.S. 47:2206(A).
6. The method and results of the notifications set forth in Item 5 above are listed by
name and address as follows:
Name
Method
Results
7. Notification was also published in [journal of general circulation for the political
subdivision] on [list dates] [and was posted on the property]. The form of the publication is
attached and satisfied R.S. 47:2206(B).
8. Pursuant to R.S. 47:2207(A)(2) or 2208(C), as applicable, the following interests
are cancelled, terminated, erased, or released, as applicable, only insofar as they affect the
Property:
Name of interest
holder
Name of instrument
Recordation information
THUS DONE AND PASSED on the day, month and year set forth above, in the
presence of the undersigned competent witness, who have signed their names with affiant,
and me, Notary, after reading of the whole.
WITNESSES: AFFIANT:
_____________________________ ________________________________
Printed Name: _________________ Printed Name: ____________________
_____________________________
Printed Name: _________________
B. With respect to a sale of adjudicated property, the filing of the affidavit provided
in Subsection A of this Section shall operate as a cancellation, termination, release, or erasure
of record of all statutory impositions of all political subdivisions then due and owing, of all
governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances
recorded against the property sold and listed in the affidavit.
C. With respect to a donation of adjudicated property, the filing of the affidavit
provided for in Subsection A of this Section shall operate as a cancellation, termination,
release, or erasure of record of all statutory impositions of the donor political subdivision,
and all other interests, liens, mortgages, privileges, and other encumbrances recorded against
the property donated and listed in the affidavit, except governmental liens and statutory
impositions of political subdivisions other than the donee political subdivision.
D. Upon filing of the affidavit, the recorder of mortgages shall treat and mark as
canceled, terminated, released, or erased all of those liens, privileges, mortgages, or other
encumbrances canceled, terminated, released, or erased under Subsection B or C of this
Section, only insofar as they affect the property.
E. The owner filing the affidavit shall be liable to and indemnify the recorder of
mortgages and any other person relying on the cancellation, termination, release, or erasure
by affidavit for any damages that they may suffer as a consequence of such reliance if the
recorded affidavit contains materially false or incorrect statements that cause the recorder to
incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder
of mortgages shall not be liable for any damages resulting to any person or entity as a
consequence of the cancellation, termination, release, or erasure of any interest in compliance
with this Section.
F. If the sale or donation has the effect of terminating an interest established by a
filing in the conveyance records, the affidavit shall also be filed in the conveyance records.