§ Art. 3752 Requirements of notice; recordation

Codes > Louisiana Code of Civil Procedure > Book I > Title II : Chapter 4 > Art. 3752

Art. 3752. Requirements of notice; recordation

    A. The notice referred to in Article 3751 shall be in writing, signed by the plaintiff, defendant, or other party to the action or proceeding who desires to have the notice recorded, or by a counsel of record for such party showing the name of the persons against whom it is to be effective, the name of the court in which the action or proceeding has been filed, the title, docket number, date of filing, and object thereof, and the description of the property sought to be affected thereby.

    B. This notice shall be recorded in the mortgage office of the parish where the property to be affected is situated and has effect from the time of the filing for recordation. The notice shall cease to have effect after ten years from the date of its filing for recordation. Nevertheless, if the action or proceeding is still pending, the notice may be reinscribed by refiling the notice. A reinscription of the notice that is filed before the effect of recordation ceases continues that effect for five years from the day the notice is reinscribed.

    DATE EFFECTIVE; NOTICES FILED PRIOR TO AUGUST 15, 2007--ACTS 2006, NO. 267

    Section 2 of Acts 2006, No. 267 (§ 1 of which amends par. B of C.C.P. Art. 3752) provides:

     “Section 2. This Act shall become effective on August 15, 2007. Any notice filed before that date that would have
otherwise terminated by the terms of this Act shall continue for an additional ten years from reinscription if such
reinscription occurs before August 15, 2007.”

    EFFECT ON PRIOR RECORDATIONS--ACTS 2005, NO. 169

    Acts 2005, No. 169, originally effective January 1, 2006 and relating to the recordation of documents in the mortgage and conveyance records and the consolidation of laws affecting the recordation of documents, added, amended, revised, or repealed numerous provisions within the Civil Code, Code of Civil Procedure, and Revised Statutes Titles 9, 13, 31, 35, and 44.

    Section 9 of Acts 2005, No. 169, as modified pursuant to the statutory revision authority of the Louisiana State Law
Institute, provides:

    “Section 9. Nothing in this Act [Acts 2005, No. 169] shall be deemed to diminish the effect of, or render ineffective, the
recordation of any instrument that was filed, registered, or recorded in the conveyance or mortgage records of any parish before the effective date of this Act. Any instrument that is filed, registered, or recorded before the effective date of this Act, that is not given the effect of recordation by virtue of existing law, shall be given such effect on the effective date of this Act that it would have if it were first filed on that effective date. Any instrument made available for viewing on the Internet by the recorder before the effective date of this Act shall not be subject to the restriction that allows the display of only the last four digits of social security numbers.” 

    Acts 2005, 1st Ex.Sess., No. 13, § 1, effective November 29, 2005, amended § 10 of Acts 2005, No. 169 to change the effective date to July 1, 2006.