Louisiana § 9:4835 Filing of bond or other security; cancellation of statement of claim or privilege or

Louisiana Statutes

§ 9:4835 — Filing of bond or other security; cancellation of statement of claim or privilege or

Louisiana·Title 9 Civil Code-Ancillaries

§4835. Filing of bond or other security; cancellation of statement of claim or privilege or notice of pendency of action

A.If a statement of claim or privilege or a notice of pendency of action is filed, any interested person may deposit with the recorder of mortgages either a bond of a lawful surety company authorized to do business in the state, cash, or certified funds to guarantee payment of the obligation secured by the privilege or that portion as may be lawfully due together with interest, costs, and attorney fees to which the claimant may be entitled up to a total amount of one hundred twenty-five percent of the principal amount of the claim as asserted in the statement of claim or privilege or in the action.

B.If the recorder of mortgages finds the amount of the cash or certifie

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§4835. Filing of bond or other security; cancellation of statement of claim or privilege or
notice of pendency of action
A. If a statement of claim or privilege or a notice of pendency of action is filed, any
interested person may deposit with the recorder of mortgages either a bond of a lawful surety
company authorized to do business in the state, cash, or certified funds to guarantee payment
of the obligation secured by the privilege or that portion as may be lawfully due together with
interest, costs, and attorney fees to which the claimant may be entitled up to a total amount
of one hundred twenty-five percent of the principal amount of the claim as asserted in the
statement of claim or privilege or in the action.
B. If the recorder of mortgages finds the amount of the cash or certified funds, or the
terms and amount of a bond deposited with him to be in conformity with this Section, he
shall note his approval on the bond and make note of either the bond or of the cash or
certified funds in the margin of the statement of claim or privilege or notice of pendency of
action as it is recorded in the mortgage records and cancel the statement of claim or privilege
or the notice of pendency of action from his records by making an appropriate notation in the
margin of the recorded statement or notice. The bond shall not be recorded but shall be
retained by the recorder of mortgages as a part of his records.
C. Any person who files a bond or other security to guarantee payment of an
obligation secured by a privilege in accordance with the provisions of Subsection A of this
Section shall give notice of the filing to the owner, the holder of the privilege, and the
contractor.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.

Louisiana § 9:4835 (Filing of bond or other security; cancellation of statement of claim or privilege or) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Acts 1981, No. 724, §1, eff. Jan. 1, 1982. Acts 1984, No. 388, §1; Acts 1985, No. 556, §1; Acts 2012, No. 394, §2; Acts 2014, No. 182, §1; Acts 2019, No. 325, §1.