Louisiana Revised Statutes 47:2207 – Sale or donation of adjudicated property; authentication; form
Terms Used In Louisiana Revised Statutes 47:2207
- Acquiring person: means either of the following:
(a) A person acquiring tax sale title to a tax sale property. See Louisiana Revised Statutes 47:2122
- Authenticate: means either of the following:
(a) To sign. See Louisiana Revised Statutes 47:2122
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ordinance: means :
(a) An act of a political subdivision that has the force and effect of law, including but not limited to an ordinance, a resolution, or a motion; or
(b) A rule or regulation promulgated by the State Land Office, the division of administration, or by another state agency with authority over adjudicated properties. See Louisiana Revised Statutes 47:2122
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Political subdivision: means any of the following to the extent it has the power to levy ad valorem taxes and conduct tax sales for failure to pay ad valorem taxes:
(a) The state. See Louisiana Revised Statutes 47:2122
- Property: includes every form, character and kind of property, real, personal, and mixed, tangible and intangible, corporeal and incorporeal, and every share, right, title or interest therein or thereto, and every right, privilege, franchise, patent, copyright, trade-mark, certificate, or other evidence of ownership or interest; bonds, notes, judgments, credits, accounts, or other evidence of indebtedness, and every other thing of value, in possession, on hand, or under the control, at any time during the calendar year for which taxes are levied, within the State of Louisiana, of any person, firm, partnership, association of persons, or corporation, foreign or domestic whether the same be held, possessed, or controlled, as owner, agent, pledgee, mortgagee, or legal representative, or as president, cashier, treasurer, liquidator, assignee, master, superintendent, manager, sequestrator, receiver, trustee, stakeholder, depository, warehouseman, keeper, curator, executor, administrator, legatee, heir, beneficiary, parent, attorney, usufructuary, mandatary, fiduciary, or other capacity, whether the owner be known or unknown; except in the cases of fire, life, or other insurance companies, the notes, judgments, accounts, and credits of nonresident persons, firms, corporations, partnerships, associations, or companies doing business in the State of Louisiana, originating from the business done in this state, are hereby declared to be property with its situs within this state. See Louisiana Revised Statutes 47:1702
- Send: means either of the following:
(a) To deposit in the mail or deliver for transmission by any other commercially reasonable means of communication with postage or cost of transmission provided for, and properly addressed to any address reasonable under the circumstances. See Louisiana Revised Statutes 47:2122
- writing: means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form. See Louisiana Revised Statutes 47:2122
A. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in La. Rev. Stat. 47:2206(A) and (B), and, if applicable, upon the satisfaction of any terms or conditions required in the ordinance authorizing the sale or donation, the acquiring person, or his successors and assigns, may send to the political subdivision a written notice requesting that the political subdivision authenticate a sale or donation. The political subdivision shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees. The only warranty owed by the political subdivision shall be a warranty against eviction resulting from a prior alienation by the political subdivision. Otherwise, all sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sold is reasonably fit for its ordinary purpose or the acquiring person’s intended or particular purpose. These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
B. The writing constituting the sale shall be sufficient if it is a writing in the following form:
“NON-WARRANTY CASH SALE
STATE OF LOUISIANA
PARISH OF ___________________
BE IT KNOWN, on the dates written below before the undersigned Notaries Public, duly commissioned and qualified in their respective parishes, personally came and appeared:
[NAME OF POLITICAL SUBDIVISION],
a political subdivision of the State of Louisiana, represented herein by _______________________, authorized by virtue of the attached ordinance of [name of governing body for the political subdivision], referred to as “Seller”, who declared that:
Seller sells, without any warranty of title whatsoever, either expressed or implied, even as to the return or reduction of the purchase price, except for the warranty against eviction resulting from a prior alienation by the political subdivision, but with full substitution and subrogation in and to all the rights and actions of warranty which Seller may have, to:
[NAME OF PURCHASER]
a ________________________, [for individuals, add marital status] whose permanent mailing address is _________________________________, referred to as “Purchaser”, all of Seller’s right, title and interest in and to the property more fully described on Exhibit “A” attached hereto and made a part hereof, together with all appurtenances thereunto belonging or in any way appertaining, and all buildings and improvements located on the property, if any, collectively referred to as the “Property”.
This sale is made and accepted for and in consideration of the sum of________________________________($____________ ) cash, which Purchaser has paid to Seller.
[Purchaser acknowledges that the property is being conveyed subject to any and all conditions and restrictions which may be required or recited in the attached ordinance.]
The ____________________ ad valorem taxes are to be paid by Purchaser.
THUS DONE AND PASSED by Seller, before me, Notary, and the undersigned competent witnesses, on this ______ day of __________________, _________, in the city of ____________________, Louisiana.
WITNESSES:
SELLER:
[NAME OF POLITICAL SUBDIVISION]
___________________________
Printed Name:
___________________________
Printed Name:
Name:
Title:
___________________________
NOTARY PUBLIC
Printed Name: __________________
Notary/Bar Roll No.: ____________
THUS DONE AND PASSED by Purchaser, before me, Notary, and the undersigned competent witnesses on this ______ day of _________________, _______, in the city of ________________________, Louisiana.
WITNESSES:
PURCHASER:
[[NAME OF PURCHASER]
___________________________
Printed Name:
___________________________
Printed Name:
Name:
Title:
___________________________
NOTARY PUBLIC
Printed Name: __________________
Notary/Bar Roll No.: ____________
C. The writing constituting the donation shall be sufficient if it is a writing in the following form:
“NON-WARRANTY DONATION
STATE OF LOUISIANA
PARISH OF ___________________
BE IT KNOWN, on the dates written below before the undersigned Notaries Public, duly commissioned and qualified in their respective parishes, personally came and appeared:
[NAME OF POLITICAL SUBDIVISION],
a political subdivision of the State of Louisiana, represented herein by ______________, authorized by virtue of the attached Ordinance of [name of governing body for the political subdivision], hereinafter referred to as “Donor”, who declared that:
Donor donates and delivers, without any warranty of title whatsoever, either express or implied, except for the warranty against eviction resulting from a prior alienation by the political subdivision, but with full substitution and subrogation in and to all the rights and actions of warranty which Donor may have, to :
[NAME OF DONEE]
a ___________________, [for individuals, add marital status] whose permanent mailing address is _______________________, referred to as “Donee”, all of the right, title and interest of the Donor in and to the property more fully described on Exhibit “A” attached hereto and made a part hereof, together with all appurtenances thereunto belonging or in any way appertaining, and all buildings and improvements located on the property, if any, collectively referred to as the “Property”.
This donation is accepted by Donee.
Donee warrants and acknowledges to and agrees with Donor that Donee is accepting the property subject to any and all conditions and restrictions which may be required or recited in the attached ordinance.
Donor has been advised that the property donated can be used only for the purposes set forth in Article VII, Section 14(B) of thethe Louisiana Constitution.
The ______________________ ad valorem taxes are to be paid by Donee.
THUS DONE AND PASSED by Donor, before me, Notary, and the undersigned competent witnesses, on this ______ day of__________________, __________, in the city of __________________, Louisiana.
WITNESSES:
DONOR:_________________________
[NAME OF POLITICAL SUBDIVISION]
___________________________
Printed Name:
___________________________
Printed Name:
Name:
Title:
___________________________
NOTARY PUBLIC
Printed Name: __________________
Notary/Bar Roll No.: ____________
THUS DONE AND PASSED by Donee, before me, Notary, and the undersigned competent witnesses, on this ______ day of ___________________, ____________, in the city of ____________________, Louisiana.
WITNESSES:
DONEE:_____________________
[NAME OF DONEE]
___________________________
Printed Name:
___________________________
Printed Name:
Name:
Title:
___________________________
NOTARY PUBLIC
Printed Name: __________________
Notary/Bar Roll No.: ____________”
D. The provisions of La. Rev. Stat. 41:1338 shall not apply to the property being sold or donated in accordance with this Section.
E. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Acts 2008, No. 819, §1, eff. Jan. 1, 2009.