§ 9:4872 — Filing of bond or other security; cancellation of statement of privilege or notice of pendency of action

Louisiana § 9:4872

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

A. If a statement of privilege or a notice of pendency of action is filed, any interested person may deposit with the recorder of mortgages of the parish where the operating interest is located a bond of a lawful surety company authorized to do business in the state or cash, certified funds, or a federally insured certificate of deposit. The bond or deposit shall be not less than one hundred twenty-five percent of the principal amount of the obligation claimed in the notice and shall guarantee payment up to such amount of the claimant's obligations secured by the privilege or such portion thereof as is lawfully due.
B. If the recorder of mortgages finds that the terms and amount of the bond or deposit is in conformity with this Section, he shall note his approval of the bond or of the deposit, in the margin of the claimant's statement of privilege and in the margin of the notice of pendency of action where they are recorded and shall then cancel them from his records by making an appropriate notation in the margins of their recordation. A bond deposited with the recorder shall not be recorded but shall be retained by the recorder of mortgages as a part of his records.
C. A claimant's privilege is extinguished upon acceptance and approval by the recorder of the bond or deposit given for it.

Legislative History

Acts 1995, No. 962, §1; Acts 2012, No. 394, §2.