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Current as of January 01, 2023 | Updated by Findlaw Staff
A. Whenever the holder of bearer paper, such as a note, bond, or other instrument evidencing an obligation secured by a mortgage or privilege on movable or immovable property, seeks to foreclose by executory process, all requirements for authentic evidence regarding the transfer, assignment, pledge, or negotiation shall be inapplicable, provided that all other requirements for authentic evidence have been satisfied.
B. Whenever the holder of a note, bond, or other instrument evidencing an obligation secured by a mortgage or privilege on movable property seeks to foreclose by executory process, the transfer, assignment, pledge, or negotiation of such document by private act, duly acknowledged in any manner provided by law, shall be deemed to be authentic evidence and in compliance with Code of Civil Procedure Article 2636.
C. Whenever the holder of a note, bond, or other instrument evidencing an obligation secured by a mortgage or privilege on movable property approves the sale of the property from one person to another, such approval may be made by private act, duly acknowledged in any manner provided by law, and shall be deemed to be authentic evidence and in compliance with Code of Civil Procedure Article 2636.
D. (1) Whenever the law requires a certified copy of any document, including a photographic, photostatic, or miniature photographic copy or reproduction of such document, for purposes of executory process, a notary public who has the original or a copy of such document on file in his office, custodian of notarial records, or clerk of court shall note on the copy of the document that it is a correct copy and may include words such as “certified copy”, “true copy”, or any other words which reasonably indicate that the copy of the document is a certified copy, and the copy so certified shall be deemed authentic evidence.
(2) A document containing a certificate reading substantially as follows shall satisfy the requirements of (1) above and shall be deemed authentic:
“STATE OF LOUISIANA __________________, Louisiana
PARISH OF ____________________________________, (Date)
I, __________________, (Custodian of Notarial Records, Clerk of Court, Notary Public) for the Parish of __________________, State of Louisiana, do hereby certify that the attached documents are true and correct copies of __________________, dated the ___ day of __________________, 19___, consisting of ___ pages (executed before, attached to __________________ executed before) ____________________________________, a Notary Public of the Parish of __________________, State of Louisiana, the original or certified copy of which document(s) is on file in my office.
Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 13, § 4102. Executory process; bearer paper, movable or immovable property, authentic evidence; certification of documents - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-13-sect-4102/
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