This text of Louisiana § 48:256.6 (Authorization to cancel the inscription of claims and privileges; cancellation; lis) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§256.6. Authorization to cancel the inscription of claims and privileges; cancellation; lis
pendens
A.
(1)If a statement of claim or privilege is improperly filed or if the claim or
privilege preserved by the filing of a statement of claim or privilege is extinguished, the
public entity, contractor, or subcontractor, or other interested person may require the person
who has filed a statement of claim or privilege to give a written authorization directing the
recorder of mortgages to cancel the statement of claim or privilege from his records, or to file
an original lien cancellation certificate with the recorder of mortgages and to submit a
certified copy of the recorded lien cancellation certificate, showing the recordation data, with
the undersecretary of the department.
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§256.6. Authorization to cancel the inscription of claims and privileges; cancellation; lis
pendens
A.(1) If a statement of claim or privilege is improperly filed or if the claim or
privilege preserved by the filing of a statement of claim or privilege is extinguished, the
public entity, contractor, or subcontractor, or other interested person may require the person
who has filed a statement of claim or privilege to give a written authorization directing the
recorder of mortgages to cancel the statement of claim or privilege from his records, or to file
an original lien cancellation certificate with the recorder of mortgages and to submit a
certified copy of the recorded lien cancellation certificate, showing the recordation data, with
the undersecretary of the department.
(2) The authorization shall be given within ten days after a written request for
authorization has been received by the person filing the statement of claim or privilege from
a person entitled to demand it.
(3) One who, without reasonable cause, fails to deliver written authorization to
cancel a statement of claim or privilege as required by Subsection A of this Section shall be
liable for damages suffered by the department, contractor, subcontractor, or other interested
person requesting the authorization as a consequence of the failure and for reasonable
attorney fees incurred in causing the statement to be canceled.
(4) A person who has properly requested written authorization for cancellation shall
have an action against the person required to deliver the authorization to obtain a judgment
declaring the claim or privilege extinguished and directing the recorder of mortgages to
cancel the statement of claim or privilege if the person required to give the authorization fails
or refuses to do so within the time required by Subsection A of this Section. The plaintiff
may also seek recovery of damages and attorney fees to which he may be entitled under this
Section.
B. The action authorized by this Section may be by summary proceeding and may
be brought in the parish where the statement of claim or privilege is recorded.
C. The recorder of mortgages shall cancel a statement of claim or privilege from his
records by making an appropriate notation in the margin of the recorded statement upon the
filing with him, by any person, of one of the following:
(1) A written request for cancellation, to which is attached a written authorization
for cancellation given by the person who filed it.
(2) A certified copy of an executory judgment declaring the claim or privilege
extinguished and directing the cancellation.
D. The effect of filing for recordation of a statement of claim or privilege and the
privilege preserved by it shall cease as to third persons unless a notice of lis pendens
identifying the suit is filed within one year after the date of filing the claim or privilege. In
addition to the requirements of Article 3752 of the Code of Civil Procedure, the notice of lis
pendens shall contain a reference to the notice of contract, if one is filed, or a reference to the
recorded statement of claim or privilege if a notice of contract is not filed.