A warranty deed is a customary form for the conveyance of real estate in Louisiana. Deeds in this state may be referred to as Acts of Sales or Cash Sales. The Louisiana Statutes do not provide a statutory form for a warranty deed.
In Louisiana, the warranty for condition is referred to as redhibition. Redhibition is a civil action against the seller of a defective product or property, similar to lemon laws in other states. In a warranty deed, the grantor warrants the buyer against redhibitory defects or vices in the property. A redhibitory defect is defined as a defect that renders the property useless, or its use would be so inconvenient that it is presumed that the buyer would not have purchased the real estate had he known about the defects (CC 2520). In addition, the grantor also warrants to the buyer the ownership and peaceful possession of the property, and the absence of hidden defects. The seller also warrants that the property being sold is fit for its intended use (CC 2475). In Louisiana, a seller of real estate who is in good faith is allowed to limit the warranties made in regard to redhibitory defects by including a waiver of redhibition clause in the deed.
The grantor to a warranty deed must sign the instrument and have his or her signature acknowledged. Some recording clerks will require the signature to be in authentic form, which although not a statutory requirement is nonetheless a common practice in Louisiana. An instrument in authentic form requires the signature of each party who executed the instrument. A warranty deed may be acknowledged in Louisiana or out-of-state. If executed out of state, a warranty deed will have the same force and effect as if executed by or before a notary public in Louisiana (RS 35:5).
There are three different types of written instruments in Louisiana: the authentic act, the act under private signature duly acknowledged, and the act under private signature or writing. The authentic act is used for most warranty deeds and recorded documents. An authentic act is executed in writing before a notary public, in the presence of two witnesses, and signed by each party who executed the warranty deed or other instrument. Both the witnesses and notary public must sign. The act under private signature duly acknowledged is a written instrument signed before a notary public. The presence of witnesses is not required for the signing of this type of document; however, witnesses need to be present when the notary signs. The act under private signature is not used often.
Real estate deeds or Acts of Sale are recorded in the parish at the clerk of courts office in the parish where the real property (immovable) is located. The ownership of real property is voluntarily transferred by a deed (contract) between the owner and the transferee that purports to transfer the ownership of the property. The transfer of ownership takes place between the parties by the effect of the agreement and is not effective against third persons until the warranty deed (or Act of Sale) is filed for registry in the conveyance records of the parish where the real property is located (CC 517). This type of recording act is known as a race statute. Priority of documents is determined by the order of filing.
Deeds.com Louisiana Warranty Deed Forms Have Been Updated as Recently as Friday February 14, 2020
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Dean L. said: The template isn't that easy to work with, with you have to type out large amounts of text. Also copy and paste doesn't seem to work. Furthermore, the code listed on the guide is out of date. However, the DQC is decent in that it has all the required fields you need.
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A. S. said: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
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Select Parish where the property is located.