Authorized officers of title insurance businesses, closing notaries public, and Louisiana-licensed attorneys can officially request the cancellation of a mortgage or privilege through the Clerk of Court for the Parish of Jefferson under Louisiana Revised Statute 9:5167.1. The statutory mechanism applies when a mortgagee fails to issue documentary authorization within sixty days of receiving a verified loan payoff.
Filing Requirements at the Jefferson Parish Clerk of Court
- The affiant must attach a copy of the payoff statement provided by the mortgagee as Exhibit A.
- Proof of payment—such as a negotiated bank check, certified check, escrow account check, or wire transfer verification—must be attached as Exhibit B.
- A copy of the written fifteen-day notice sent to the mortgagee, including the proposed affidavit, must be attached as Exhibit C.
Affidavit Execution and Legal Responsibilities
The appearer must declare under oath that the mortgagee received payment in accordance with the payoff statement. More than sixty days must have elapsed since that payment date without the mortgagee returning documentary authorization for cancellation. Furthermore, the mortgagee must receive at least fifteen days of written notice detailing the intent to execute and record the affidavit.
Once submitted, the Clerk of Court for the Parish of Jefferson indexes the affidavit using the original mortgagee and the last assignee of record as grantors, with the mortgagor designated as the grantee. This process removes the specified inscription from the official mortgage records. Swearing to or filing a false affidavit constitutes a criminal act under Louisiana Revised Statute 14:132.
| Statutory Requirement | Required Documentation | Statutory Reference |
|---|---|---|
| Payoff Verification | Exhibit A (Payoff Statement) | LA R.S. 9:5167.1 |
| Proof of Remittance | Exhibit B (Check or Wire Receipt) | LA R.S. 9:5167.1 |
| Pre-Filing Notice | Exhibit C (Written Notice & Draft) | LA R.S. 9:5167.1 |
Required Information for the Jefferson Parish Inscription Removal
The formal request filed with the Clerk of Court for the Parish of Jefferson must explicitly detail the original encumbrance data. This includes the name of the mortgagor who granted the mortgage, the favor of the mortgagee, the date of the instrument, the parish of recordation, and the specific recording data including the MOB folio and Instrument Number. A legal description of the subject property is required alongside the notarized signature, printed name, title, and licensing details of the executing officer, closing notary, or attorney.
Disclaimer: The information provided in this article is for educational and informational purposes only and does not constitute financial or legal advice.
