East Feliciana Parish Clerk of Court

Cancellations

ACT 169

CANCELLATIONS

I. All cancellations must be by Request for Cancellation (CC 3366)

A. NO PARAPHED OBLIGATION (R.S. 44:106)

1. Request for Cancellation (Form RFC 1)(and)

2. Authentic form signed by Obligee of Record (Form RFC 2) that

acknowledges satisfaction and directs the clerk to cancel its recordation

B. PARAPHED OBLIGATIONS

(R.S. 44:107)

1. Request for Cancellation (Form RFC 1) (and)

2. Paraphed Note marked “paid” or “cancelled” (or)

3. An Act of Release executed before a notary who certifies in the act that

the obligation was presented to him by the holder and owner and that

he paraphed it for identification with the Act of Release

C. CANCELLATION BY CERTIFICATES OF PUBLIC OFFICER

(R.S. 44:108)

1. Request for Cancellation (Form RFC 1) (and)

2. Certified Copy of Order or other document evidencing the extinction

D. CANCELLATION BY LICENSED FINANCIAL INSTITUTION

(R.S. 44:109)

1. Financial Institution may comply with R.S. 44: 106 -108) or

2 An authentic act stating the following: (Form RFC 3)

a. institution was the obligee or authorized agent at the time the

obligation was extinguished (or)

b. institution is the obligee or authorized agent of the obligee (and)

c. type of institution

d. its licensing or regulatory authority

e. that the obligation has been paid or otherwise satisfied or

extinguished and directs the recorder to cancel its recordation

NOTE: A financial institution, in lieu of filing a separate “request for cancellation”

may combine it in one form.

NOTE: A licensed financial institution is any person licensed or regulated by La. Office of Financial Institutions, or any bank, credit union, lending agency, or other person conducting such a business

that is licensed or regulated by another state or U.S.

E. CANCELLATION OF PRESCRIBED MORTGAGE OR

PRIVILEGE

(CC3367)

1. Request for Cancellation (Form RFC 1) (and)

2. Signed Application for cancellation

F. CANCELLATION OF PRESCRIBED JUDICIAL MORTGAGE

(CC3368)

1. Request for Cancellation (Form RFC 1) (and)

  2. Certificate from Clerk of Court (Suit Department) that no suit or motion has been filed for
  revival of judgment or certified copy of judgment rejecting the demands to revive the judgment.

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G.CANCELLATION OF LOST NOTE AFTER RECEIPT OF NOTARY

WHO SATISFIED NOTE OUT OF PROCEEDS

(R.S. 9:5167E)

No change in law

1. Affidavit from the notary that states:

a.Description of promissory note and the property

b.That the affiant did satisfy the note

c.That the affiant did receive the note marked “Paid in Full” from the last holder of the note,

d.That the note was lost or destroyed while in the affiant’s custody and

e.That the affiant agrees to hold harmless the clerk of court or recorder of mortgages

f.A statement that the affiant has made a due and diligent search for the last holder and last

holder cannot be located and one year has elapsed since recordation of the act of sale or mortgage or

g.Accompanied by an affidavit from the last holder stating that the promissory note marked

“Paid in Full” was delivered to the notary

H.CANCELLATION OF MORTGAGE INSCRIPTION BY AFFIDAVIT

(R.S. 9:5167.1)

No change in law

1. Affidavit of authorized officer of a title insurance business that states:

a. Affiant is an authorized officer of title insurance business, the

closing notary public or the attorney which made the payment

b.Affidavit is made on behalf of the mortgagor or an owner of the

property encumbered by the mortgage

c.Mortgagee provided a payoff statement with respect to the loan

secured by the mortgage

d.The affiant has ascertained that the mortgagee has received

payment of the loan in accordance with the payoff statement, as

evidenced by:

1.A bank check, certified check, or escrow account check which

has been negotiated by or on behalf of the mortgagee or

2.Other documentary evidence of the receipt of payment by the

mortgagee including but not limited to verification that the

funds were wired to the mortgage

e. More than 60 days have elapsed since the date payment was

received by mortgage has not returned documentary authorization

for cancellation

f. Mortgagee has been given at least 15 days notice in writing of the

intention to execute and record an affidavit in accordance with

this Section with a copy of the proposed affidavit attached to the

written notice

g. The names of the mortgagor and the mortgagee, date of mortgage

and the book and page, or folio or clerk’s file number

h. Attached documentary evidence that payment has been received

by the mortgagee including a copy of the payoff statement.



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