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Louisiana Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law, Military Law and Social Security for Louisiana on
Q: Need ask for assistance preparing a will
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2023

Supplementing attorney Tournet's post, I recommend that you consult and have a lawyer prepare your will. You want a will so that your the distribution of your estate is as you desire and an estate planning or wills lawyer is the best person to accomplish this----please use the Justia Find a... View More

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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Louisiana on
Q: What is the law on renewed judgements? I had a judgement renewed after the 10 years was over. See more.

In 2012 I fell behind on mobile home loan and was told if not caught up It would be repossessed. I immediately caught it up but they said judgement would stay for the remaining loan term and i didnt need to go in every 3 years like before when loan matured. It was financed for 12 years only the... View More

James L. Arrasmith
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answered on Mar 4, 2023

The laws regarding renewed judgments vary by state. In general, a judgment creditor may be allowed to renew a judgment before it expires to extend the time period in which they can collect the debt.

In some states, a judgment can be renewed indefinitely as long as the creditor continues to...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Louisiana on
Q: What is the law on renewed judgements? I had a judgement renewed after the 10 years was over. See more.

In 2012 I fell behind on mobile home loan and was told if not caught up It would be repossessed. I immediately caught it up but they said judgement would stay for the remaining loan term and i didnt need to go in every 3 years like before when loan matured. It was financed for 12 years only the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 22, 2023

You have a lot of information and most people who want to provide you an informed answer would like to see a copy of the original judgment and when it was recorded as well as a copy of the "renewed" judgment and when it was recorded to see if the process for revival of a judgment was done... View More

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1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Do the By-Laws and the Rules and Regulations of an HOA have to be publicly recorded in Louisiana to be enforceable or

is it just the Restrictive Covenants that must recorded with the Clerk of Court?

Thank you very much,

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

In answer to your question, I contend it is just the covenants which are required to be recorded with the Clerk of Court. On the other hand, if the HOA has non-recorded rules and regulations, then it certainly should notify new property owners of its existence and have some sort of mechanism to... View More

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: In the "Louisiana HOA Laws", it states that "The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded

deed restrictions. The Bylaws are the rules and regulations for management and administration. The Resolutions are additional rules and regulations that the association may adopt." There is no mention of the Bylaws and Rules having to be publicly recorded. Farther down under "Are HOA... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

Someone else may give you a more direct answer to your question, however, I think more information is needed and I would also suggest that depending on the your specific situation, then perhaps some discretion (no matter the answer) might be in order. That is, while ignorance is not usually a... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can a naked owner of a property be homeless

Usufruct has there own home and is not living at the jome in question

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2023

Yes, a naked owner can in general be homeless, however, what I would suggest is the naked owner seek a consult with a lawyer, discuss the current situation and see what, if anything, can be done to perhaps change the circumstances.

2 Answers | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How to leave a home with no deed to a grandchild in Louisiana.

The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

If the owners want to leave the property to a specific grandchild, then they either have to sell/donate the property before their death or do it via a will. As attorney Tournet mentioned, please reach out to a local succession/estate planning/will lawyer in your area-----this is doubly important... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How to leave a home with no deed to a grandchild in Louisiana.

The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?

Christie Tournet
Christie Tournet
answered on Jan 19, 2023

There has to be a deed as to the underlying land. Did the grandparents purchase the land? If so, the improvements/the house belong to the landowner. A good way to confirm owner is to go to the tax assessor website and see who receives the tax bill. The landowner can gift the land and home by a... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Louisiana on
Q: My deceased mother owns property w/ a deceased fam member who paid the taxes am I responsible for reimbursing his estate

The fam member was married and now his estate (heirs) is requesting reimbursement of the taxes he paid. The property has not been succeeded to me yet.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

The legal owner of the property is responsible for the taxes. If someone else paid the taxes then the payor needs to seek it from the legal owner of the property. If the legal owner is deceased and a succession has not been opened, then one should consider opening a succession and getting the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: I am buying a house and I am paying the taxes on it. The landlord will not let me claim homestead exemption on it.

I am renting to own. There is legal papers involved. What are my rights?

Anthony M. Avery
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answered on Jan 1, 2023

If you do not have a Deed, then you do not have title to claim a homestead exemption. You might want to look into borrowing the money to buy it, but then your homestead rights will be waived against the lender.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Louisiana on
Q: How do you enforce restrictions in a subdivision
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 21, 2022

You need to review your subdivision's governing documents and see what those documents say as to how to enforce subdivision restrictions---most of the time it says a property owner or the HOA (or even sometimes an interested party) can file the suit. Another thing you want to review and... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Louisiana on
Q: This question has to do with acquiring property. Am I in the right forum?

I was power of attorney to an elderly woman whom passed four years ago. I have paid taxes for the past 4 years on the property left after residents died and left no instructions on whom to contact after their deaths. They had no children. I have attempted to contact the one person iknow to be... View More

Anthony M. Avery
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answered on Oct 27, 2022

Why did you pay the taxes? A tax sale would have possibly got you the property. Hire an attorney to search the title, then determine heirship/succession. Even one heir might quit claim his interest which puts you in possession of the property, even though other heirs exist. The other option is... View More

1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: I bought a tax lien from the city of New Orleans in 2013.

I invested some money into cleaning it up and maintaining for a year. I never heard from the owner and let it go as a bad investment. The owner has reached out to me wanting to redeem the lien. In the meantime, someone else bought the lien again. So two of us have a lien on the property. The second... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations like this, consulting with a real estate attorney who has experience in tax lien cases is advisable. These professionals understand the nuances of property law, tax liens, and redemption rights. They can help you navigate the complexities of your situation, including the implications... View More

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: My metal roof was damaged (color) by a cleaning business. The company has insurance that denied the claim.

Company owner sued his own insurance co and lost in a judgement. Where do I stand now? Do I sue his insurance also? Sue him personally? It’s been about 2.5 years

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

A Louisiana attorney could advise best, but your question remains open for three weeks. An attorney could advise more definitively with more information about the basis of the denial. One option might be to review the denial with a local attorney, and also learn of applicable statutes of... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: How can I find out if my name was on a house my mom left me and my sister when she died
Anthony M. Avery
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answered on Feb 11, 2024

Hire a LA attorney to search the title in the county where the house is.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I want to take out a 2nd position loan on a property in Louisiana, do I have to notify the first position lender?
Anthony M. Avery
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answered on Jan 25, 2024

Better read your present mortgage and note as it might have a due on sale clause. Violation could mean foreclosure. Or there may not be a prohibition on junior priority liens. Check first.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My wife and I bought a house in Louisiana in late April. We are planning to build an addition.

The neighbors house is several feet over the property line. What can I do about it?

Anthony M. Avery
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answered on Nov 28, 2023

You and your predecessors in title have probably already acquiesced to the new boundary. It will be ascertainable at least by the physical house. Consult with a competent LA attorney. A boundary line agreement might net you some of the neighbor's land for you giving him the property upon... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: To answer the response, I did a pro Bono divorce. They didn't do house ownership.

So how can I get his name of my house?

Anthony M. Avery
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answered on Nov 13, 2023

Apparently you should not have got a divorce until the marital real property was dealt with. Prepare a quit claim deed for him to execute in front of a notary. If not, either sue for contempt to enforce the divorce decree or file for a Sale For Partition. I suggest you hire a LA attorney now.

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Louisiana on
Q: Can I actually buy a house or car using the 5M$ that is attached to my S.S. #?
T. Augustus Claus
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answered on Nov 10, 2023

No, you cannot buy a house or car using the $5 million that is attached to your Social Security number. This is a common scam that is used to steal people's money.

Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general...
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1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: Hi, me and boy friend at the time buying a house, we got married in 2013, separated in 2019, that's when he abandon me

and this bills he left me with mortgage and all.

Got divorce in 2021 because he was cheating and I bust him, so I filed for divorce. I asks him for help me with mortgage, I got hurt at work and barley paying bills. Can I get his name of house if his not helping. I'm not going to pay... View More

Anthony M. Avery
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answered on Nov 7, 2023

Just because he is not paying on the house note does not remove him from ownership. What did the Divorce Decree say about the house and the mortgage? Outside of enforcing the decree, foreclosure may be be imminent as a refinance is doubtful. A Ch13 BR might help.

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