Notary

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abstract

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A history of the title to property as revealed by the public records.

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Acceleration Clause

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Clause used in an installment note and mortgage which gives the lender the right to demand payment in full upon the happening of a certain event, such as failure to pay an installment by a certain date, change of ownership without the lender's consent, destruction of the property, or other event which endangers the security of the loan.

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Accessory Contract

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A contract is accessory when it is made to proved security for the performance of an obligation. Suretyship, mortgage, pledge, and other types of security agreements are examples of accessory contracts.

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Accession

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Acquiring title to additions of improvements to property as a result of natural growth, labor, the annexation of fixtures or the accretion of alluvial deposits along the bank of streams

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Acknowledged Act

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Any act of instrument in writing signed by the parties in the presence of two witnesses and then taken by the party(ies) or the witness(es) before a notary and two witnesses; the original act was signed out of the presence of the notary.

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Acknowledgement

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A formal declaration by a party before a notary in the pressence of two witnesses by the person who signs an instrument to the effect that it is his own free and voluntary act doen for the purposes therein expressed.

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Acknowledgement of Paternity

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A formal written declaration whereby a person establishes himself as the natural father of a child.

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Acquets and Gains

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A civilian concept referring to the matrimonial regime of community property; acquets means all things acquired, and gains is the increase in the value of property through the skill or labor of a person, particularly a spouse

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Acquisitive Prescription

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A mode of acquiring ownership of other real rights by uninterrupted possession for a period of time.

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Acquittance

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A release, usually in writing, from an obligation.

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Act Under Private Signature

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Any act or instrument, in writing, signed by a person or persons not in the presence of a notary that may or may not be witnessed.

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Administrator

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A person appointed by the court as the succession representative to manage the assets and liabilities of an intestate decedent.

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Affiant

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One who makes an affidavit

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Affidavit

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A declaration or statement of facts personally knows to the affiant reduced in writing and sworn to by the affiant before a notary

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Affidavit of Distinction

(Also called Affidavit of Identification)

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An affidavit executed before a notary by a person providing identifying information to distinguish said person from a judgment debtor with a same or similar name and then recorded in the mortgage records of the parish where the judgment is recorded. This affidavit is executed if the judgment creditor cannot be located or does not comply with R.S. 9:5501

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Agreement

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A contract

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Agreement to sell or buy

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Binding contract to buy and sell in future

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Aleatory Contract

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An agreement in which the effects thereof depend on an uncertain event.

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Alienate

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To transfer property or a right to the ownership of another, especially by an act of the owner rather than by inheritance.

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Alluvion

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An increase to the land caused by the buildup of deposits from running water.

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Anitchresis

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A civilian contract no longer authorized or used in Louisiana. Traditionally, it was the pledge of immovable property wherein a debt or obligation was secured through the right to retain the civil and/or natural fruits of the property.

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Appearance Clause

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Clause giving full status of a natural or juridical person (e.g., corporation or partnership) in any legal instrument.

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Appearer

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A person who goes before an official authorized to administer oaths, take acknowledgments, or make authentic acts, and who makes a declaration, executes or acknowledges an instrument of writing.

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Appraisal

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The process of valuing property; a valuation of property by two or more appraisers who are appointed and authorized by a court to place a value on designated property as a part of a court proceeding.

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Appurtenances

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A right, privilege, or property that is considered incident to the principal property for purposes such as passage of title, conveyance, or inheritance; a thing that is necessarily connected with the use and enjoyment of another thing.

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Ascendant

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One who precedes in lineage (parent, grandparent); an ancestor.

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Assignment

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The transfer of a claim, right, interest, or property from one to another; the instrument by which the transfer is effected.

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Assumption Deed

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An act of sale in which the buyer agrees to assume payment of the seller's mortgage.

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Attest

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To witness something

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Authentic Act

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A writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each notary public before whom it was executed.

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Base Line

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East-West reference line.

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Bequest

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A dispostion of property made by a testator

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Bill of Sale

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Instrument translative of title of moveable property.

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Bond

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A guarantee of indemnity by any person, usually an insurance company; or giving security for another.

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Bond, Personal Surety

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A surety bond provided by an individual, personally, on behalf of a notary. The bond must be recorded in the mortgage records in the parish in which the notary is seeking or holds a commission. A notary who is bonded with a personal surety only needs to provide a new bond if the surety dies, if the surety is no longer solvent $10,000, or if the surety withdraws his suretyship.

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Bond-for-Deed Contract

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A contract regarding immovable property where-by the vendor agrees to transfer title to the property when the purchase price is paid in full; the vendee is usually given possession during the existence of the contract.

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Boundary Line

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The line of seperation between contiguous lands.

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Cancellation of a Mortgage

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A process whereby the clerk of court adjusts the public records to reflect that the mortgage has been extinguished. Collateral mortgages are cancelled by the presentment of the paid collateral mortgage note. Multiple Obligations Mortgages and cancelled via a letter directing such from the creditor/mortgage holder.

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Capacity

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A legal qualification, including age and other factors. Parties, unless emancipated, must be 18 years of age to contract. Witnesses to most instruments must be 14. Witnesses for wills must be 16.

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Cash Deed

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Common-law term for an act of sale of immovable property in which the buyer pays and the seller acknowledges receipt of the purchase price.

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Chattel

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In general, used to designate moveable property, as in the case of a "chattel mortgage," which is a mortgage of movable property.

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Code

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A collection of laws; LA has many codes; the Civil Code, the Criminal Code, the Code of Civil Procedure, the Code of Criminal Procedure, the Evidence Code, etc.

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Codicil

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Common- law term. An amendment, modification, supplement or addition to a will that must be in the form of a testament.

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Collateral

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Property in which a security interest is granted.

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Collateral Mortgage

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A mortgage designed, not to directly secure and existing debt, but to secure a mortgage note pledged as collateral security for a debt. The maker my reissue the mortgage note from time to time, and have it returned to him without extinguishing the mortgage.

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Collaterals

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Property in which a security interest is granted

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Collateral Mortgate

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A mortgage designed, not to directly secure and existing debt, but to secure a mortgage note pledged as collateral security for a debt. The maker may reissue the morgage note from time to time, and have it returned to him without extinguishing the mortgage. It is goth a mortgage and a pledge. A collateral mortgage or collateral chattell mortgage may provide on its face that the morgage is granted in favor of a designated mortgage and any further holder of holders of the collateral mortgage note.

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Collaterals

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Any relation not directly in the line of ascent or descent.

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Collation

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The supposed or real return to the mass of succession property given to forced heirs by donations inter vivos in order to divide the property with the other effects of the succession.

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Common Things

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Things that my not be owned by anyone (air, the high seas)

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Community Property

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A matrimonial regime whereby property acquired or produced through the labor of either spouse is owned in common by the husband and the wife.

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Component Parts of Tracts of Land

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Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees are component party of a tract of land when they belong to the owner of the ground.

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Conditional Obligation

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An obligation that is dependent upon the occurrence of an uncertain event.

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Confessional Judgment

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A person's agreement in a mortgage to the entry of judgment if he defaults on the obligation secured by the mortgage.

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Confusion

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When the qualities of obligee and obligor are united in the same person, the obligation is extinguished by confusion. C.C art. 1903. For ex: a predial servitude is extinguished by confusion when the dominant and the servient estates are acquired in their entirety by the same person

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Consideration

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A common law term which refers to something promised, given, or done (such as money) that has the effect of making an agreement a legally enforceable contract. In Louisiana contracts are supported by "cause"; consideration is frequently the cause that will support an obligation.

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Conveyance Records

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The record of all sales and donations of immovable property kept by the clerk of court of each parish.

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Corporation

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A business entity with seperate legal personality from its shareholders, directors, and officers formed by filing articles of incorporation with the SOS.

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Corporeals

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Things that have body, whether animate or inanimate, and can be felt or touched.

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Counter Letter

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Separate writing expressing the true intent of the parties rather than the intent purported to be manifested in another instrument; not binding on third parties unless recorded.

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Credit Deed

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Common-law term. An act of sale of immovable property on credit terms.

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Cum Onere

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When the vendee purchases immovable property on which there is no existing mortgage, and the vendee does not assume the indebtness secured by the mortgage or agree to pay the indebtness of his vendor. Simply stated, cum onere means "with burden".

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Curator

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A court-appointed guardian who manages the affairs of another incapable of doing so himself.

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Dation en Paiment

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An act in which a debtor transfers ownership of a thing to his creditor in payment of a debt; "giving in payment".

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Decendent

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A person who has died.

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De Jure

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French "of law". An official who holds his office by law and who is possessed of all lawfully necessary qualifications for office.

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Descendants

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All offspring of a person in direct line (children, grandchildren, etc.)

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Dishonor

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The non-acceptance of an instrument, such as check or promissory note.

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Disinherison

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A means of depriving a forced heir of his inheritance due to some act upon his part which the law deems sufficient cause.

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Disposable Portion

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The portion of a testator's property which he can will to anyone he chooses.

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Domicile

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With respect to a natural person, the place of his habitual residence.

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Donation Inter Vivos

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A contract by which a person, called the donor, gratuitously divests himself, at present and irrevocably, of the thing given in favor of another, called the donee, who accepts it.

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Donation Mortis Causa

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An act to take effect at the death of the donor by which he disposes of the whole or part of his property. A donation mortis causa is revocable during the lifetime of the donor.

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Donee

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One who receives a donation or gift

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Donor

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One who gives or donates.

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Drawee

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The party on which an order for the payment of money is drawn, usually a bank.

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Drawer

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One that draws, especially one that draws an order for the payment of money.

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Earnest Money

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Earnest money permits either party to recede from a contract to sell, but the buyer who chooses to recede from the contract forfeits the earnest money and the seller who chooses to recede from the contract must return double the earnest money.

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Easement

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In common law, a right of law afforded a person to make limited use of another's real property; in LA, a servitude.

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Emancipation

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The act of conferring some or all of the effects of majority on a minor.

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Enclosed Estate

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An estate that has no access to a public road.

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Encumber; Encumbrance

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To burden with a claim such as a mortgage, privelege or lien; a burden or charge imposed upon property by law or conventional obligation or contract, such as a privilege or mortgage.

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Endorsement

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A signature that either serves to transfer the legal rights to a negotiable instrument to another party or acts as a guarantee of a negotiable instrument.

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Escrow

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Property, usually money, in the custody of a third party for delivery to another only after the fulfillment of the conditions specified.

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Estate

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The property, rights, and obligations that a person leaves after his death, and includes also all that has accrued thereto since death.

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Et Seq.

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Latin: "And that which follows;" Subsequent text.

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Exchange

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A contract by which parties to the contract transfer property (which is not money) to one another.

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Executor

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A succession representative designated in a will to administer an estate.

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Executory Process

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A proceeding in court in which the holder of a mortgage containing a confession of judgment may obtain an ex parte seizure and sale of the mortgaged property without the ordinary delays required by law.

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Executrix

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Another term for a female executor.

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Express

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Clearly and distinctly stated in precise terms.

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Fair Market Value

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The price of an object (Movable or immovable property) agreed upon by a willing seller and a willing buyer.

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Fee Simple Title

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Common-law term referring to ownership of immovable property without any conditions upon the power and authority to alienate, encumber or transfer by inheritance; analogous to "full ownership" where the elements of ownership (right to use, the right to enjoy the fruits and the right to alienate) are in common in one person

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Fiduciary

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A person entrusted with the property of another party and in whose best interests the fiduciary is expected to act when holding, investing, or otherwise using that person's property.

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Filation

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The condition or fact of being the child of a particular paren't

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Forced Heir

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Descendants of the first degree (children) who at the time of the death of the decedent are 23 years of age or under, or of any age who because of mental incapacity or physical infirmity is permanently incapable of taking care of his person or to administer his estate at the parent's death.

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Forced Portion

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That portion of a decedent's estate that the law reserves to him by right, called the legitime, unless the decedent has just cause to disinherit him.

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Fortuitous Event

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An event that at the time the contract was made could not have been reasonably foreseen.

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Fruits

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Things produced by or derived from another thing without diminution of its substance, such as products of the earth in the case of natural fruits and rents or interest in the case of civil fruits.

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Good Faith

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In general, a party is in good faith if he has no knowledge of or has no reasonable basis for questioning the validity of a transaction. Concerning the acquisition of property, the acquirer is in good faith unless he knows or should have known that the transferor was not the owner.

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Guardian

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In the common law, one who is legally responsible for the care and management of the person or property of an incompetent or a minor; In LA, a curator or tutor.

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Habitation

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A personal servitude granted to a natural person to dwell in the house of another.

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Heritable

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Transferable; capable of transferring by voluntary action or by succession; not strictly personal.

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Homestead Exemption

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An exemption from liability that prevents creditors from obtaining satisfaction from immovable property which the debtor resides in as his primary domicile.

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Hypothecate

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To pledge as collateral for a debt without transferring possession.

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Illegitimate Children

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Those who are conceived and born outside of marriage

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Immobilization (and de-immobilization)

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An act executed before a notary by a party declaring that he is the owner of a certain immovable property and certain movable property (mobile home, trailer, manufactured home) in which he declares said movable to be permanently affixed to the immovable property and immobilized property and immobilized

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Immovable

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Real property; real estate.

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In Globo

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As an undivided whole rather than seperately; latin for "in a mass."

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In Toto

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Latin for "in whole"; completely; as a whole.

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Incorporeal (or non-corporeal)

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Property that does not have a material form, such as a right or debt.

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Infra

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Below

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Inter Vivos

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Between living persons. A donation between living persons is called an inter vivos donation.

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Interdict

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A person above the age of majority who is declared by a court to be incapable of either caring for his own person or administering his estate, or both, although he may at times appear to have possession of his reason.

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Interdiction

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Judicial proceeding whereby a curator is appointed for an adult or emancipated minor who, due to infirmity, is unable to make reasoned decisions regarding his person or property, or both.

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Interpretive

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Relating to, involving, or providing an interpretation or explanation of something.

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Intestate

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One who has died without a will.

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Inventory

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A written list or catalog of the property of a person or succession that is made under oath and that usually describes and assigns a value to each item of property.

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Judgment

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A determination of a court of law; a juridical decision.

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Judicial Mortgage

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A mortgage which results from filing a judgment in the mortgage records of the parish where property of the debtor is located.

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Jurat

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The clause "Sworn to and subscribed before me, Notary Public, at (place) on (date), and signed by the notary public" certifying that the statements contained in a writing were sworn to before an authorized officer, such as a notary public

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Juridical Person

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An entity to which the law attributes legal personality, such as a corporation.