Louisiana Revised Statutes 44:114 – Actions against the recorder
Terms Used In Louisiana Revised Statutes 44:114
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. Any interested person may bring an action against the recorder in his official capacity to:
(1) Compel the recordation of any instrument or document authorized or permitted to be recorded.
(2) Compel the cancellation from the records of any instrument or document authorized or permitted to be cancelled.
(3) Cancel from the records any improperly recorded instrument or document.
(4) Declare, pursuant to La. Rev. Stat. 9:5176, the extinction of rights.
(5) Correct any error or omission in the records.
(6) Issue any certificate or perform any other duty required of the recorder by this Chapter.
(7) Take any action that is otherwise expressly authorized by the provisions of this Chapter.
B. The action may be instituted by writ of mandamus directed to the recorder in his official capacity.
C. The action shall be filed in any parish where the records to be affected are located or the action of the recorder is to be taken.
D. All persons whose rights will be directly affected by the relief sought shall be joined in the action.
E. The recorder is not liable personally or in his official capacity for the costs of any action instituted pursuant to the provisions of this Section.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.