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Current as of January 01, 2023 | Updated by Findlaw Staff
A. (1) Except as otherwise provided in Subsection C of this Section, a tax lien shall be extinguished by payment of the termination price to the tax collector of the appropriate political subdivision.
(2) Upon receipt of the termination price, the tax collector shall do each of the following:
(a) Notify the terminating party of the existence of any additional tax lien certificates within the tax collector's authority that remain outstanding on the property.
(b) Remit the termination price to the tax lien certificate holder within thirty days.
B. (1) The termination price shall include all of the following:
(a) The face value of the tax lien certificate.
(b) Any penalty assessed in accordance with the provisions of R.S. 47:2127.
(c) The cost of preparing and recording the termination certificate.
(d) Interest calculated on the face value of the tax lien certificate in accordance with the provisions of R.S. 47:2154(F).
(e) The costs incurred by the tax lien certificate holder related to post-auction notices in an amount not to exceed five hundred dollars, provided that an affidavit was submitted to the tax collector in accordance with R.S. 47:2156 prior to the termination payment being made.
(f) Any amounts owed to the tax lien certificate holder pursuant to R.S. 47:2160.1 for subsequent parish or municipal statutory impositions, interest, and penalty.
(2)(a) If the certificate holder has caused any tax liens outstanding on the subject property to be extinguished and the tax lien would not be perempted pursuant to R.S. 47:2155(C), the amount of the termination payments shall be included in the termination price, together with interest on the amount of the termination payments at the rate stated in the certificate calculated on a noncompounding basis.
(b) A certificate holder who extinguishes a tax lien in accordance with Subparagraph (a) of this Paragraph shall notify the tax collector at the time of the payment of his status as the certificate holder. If the certificate holder fails to satisfy the requirements of this Subparagraph the certificate holder shall not be entitled to recover as part of the termination price the amounts specified in Subparagraph (a) of this Paragraph.
(3)(a) The tax collector shall not be required to accept partial payment of the termination price due for a given tax lien certificate.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the tax collector shall not refuse to accept payment of the termination price due for an outstanding tax lien on the basis that one or more additional tax lien certificates or unsold statutory impositions remain outstanding with respect to the subject property.
(c) If there are multiple tax lien certificates outstanding with respect to the subject property and the amount paid to terminate is less than the amount necessary to extinguish all tax liens outstanding, the tax collector shall apply the amount paid as directed by the payor or, if not directed by the payor, to the oldest tax lien outstanding.
C. If an action has been brought pursuant to R.S. 47:2266.1, termination shall be made in accordance with the provisions of that Section.
Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 47, § 2243. Termination payments - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-47-sect-2243/
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