Per La. Code of Civil Procedure Art. 2635(2), in order for a lender to prove their right to use executory process to foreclose on a mortgage, an “authentic act” of mortgage must be present. La. Civil Code Art. 1833(A) states:
“An authentic act is a writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each notary public before whom it was executed.”
An “authentic act” is separate from an “act under private signature duly acknowledged,” the elements of which are satisfied by a notary acknowledgment as described in La. Civil Code Art. 1836.
To ensure that Louisiana security instruments contain both an “authentic act” and an “act under private signature duly acknowledged,” we have inserted an additional notary signature line under the witness signature lines for all generic Louisiana security instruments, which are:
- Cx327 – LA Mortgage
- Cx485 – LA Mortgage Second
- Cx1356 – HELOC Agreement – LA
- Cx19376 – FHA LA Mortgage
These changes will be in effect on October 23, 2018. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.
DR 270462