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Louisiana Real Estate Law Questions & Answers
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... Read 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... Read 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... Read 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?

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... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Arabic speaking lawyer in Baton Rouge
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 13, 2023

Call the Baton Rouge Bar Association (225-344-4803) or the Louisiana State Bar Association (800-421-5722) and ask if they can provide you with contact information for the type of lawyer you are seeking. Good luck.

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... Read 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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Anthony M. Avery
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... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My wife has a judgment on just her name... i inherited family property and she waived all rights to it on deed.

If i want to sell the property will her judgment block it ?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 4, 2022

Based on your post, no.

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... Read more »

Anthony M. Avery
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Anthony M. Avery
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... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My wife died in Feb 2022 and left property to me and 2 adult children that I have usufruct (no will) of. I want to sell

the home and vehicles I have, one under her name and one under mine. My son may not want to release it. I wanted to attach the usufruct to this home as I am using it for the down payment on a new home. Is there any act of donation I can sign at the signing of the new home? Advice is appreciated.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 18, 2022

Was a succession completed? If so, perhaps you can consult with the attorney who handled the succession and discuss your questions/concerns. If not, then I highly encourage you to seek a specific consult with an attorney in your area---you have options but the options may be different for the... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: If an offer of a free piece of land is made and accepted through Facebook marketplace is it a legally binding contract?

I recently made an offer on a piece of real estate through Facebook messenger. The conversation quickly turned hostile on his end but, eventually, the seller offered the land for free and I accepted. I am wondering if this is considered a legal contract. I, the buyer, am in louisiana and the seller... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 17, 2022

Without the passing of consideration, there is no contract. There are many reasons that you cannot enforce the alleged contract such as the Statute of Frauds. No Court will entertain such a suit, and it might be a scam against you.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can an HOA restrict you from renting your single family home or even renting a room in your single family home?

If they can - what would their legal remedy be?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 5, 2022

It depends on whether or not your subdivision's governing documents prevent rentals.

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Hellos is it legal for our rent to own landlord to have us sign that we waive our rights if there was mold here

Black Mold found after signing lease

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

A Louisiana attorney could advise best, but your question remains open for a week. Until you speak with a local attorney, many courts nationwide do not look kindly on the idea of waiving liability for injury in general. It could depend on how a waiver was written. Good luck

1 Answer | Asked in Tax Law and Real Estate Law for Louisiana on
Q: I have a property I would like to purchase but is having a hard time getting the tax sale purchase to sale

At the time of the auction the owner had died and her heirs wasn't aware of the sale but is willing to sale to me but can't because the tax sale has 100% but hasn't quiet the title.I have offered him cash and still won't sale he doesn't live in state and the property is now... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 27, 2022

If this property is in Louisiana and you are not in Louisiana and this property is going up for a tax sale, then I strongly recommend that you contact and hire a Louisiana real estate attorney practicing in the local jurisdiction where the tax sale is being held so that you can make sure that all... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Banking and Collections for Louisiana on
Q: I'd I owe a credit card company money and I sell my house does the title company have to pay the debt off before me?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 21, 2022

The title company's job is to clear your title prior to the conveyance. If there is no judgment lien prior to closing, it may not get paid and released. Then the creditor would probably try to collect from your bank.

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Would the children of deceased parent be responsible for 5k lien against her 90k house?

Succession is complete. House is in children names.

Loan was for pool in Aug 2016. Lien was put on house at same time. Price of pool $10,655.54. Down-payment of $5,000. Oringinal principal financed $5,655.54.Payments totaled $7,701.49. Remaining principal balance when she passed in Feb.... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 20, 2022

Did you have an attorney involved in the succession? If so, please speak to the attorney about this. If the lien was not resolved through the succession , then the property was transferred subject to the lien so if at the the time the house sales there is a valid lien, then the lien must be... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I am looking for property to buy only have about 30,000 but don't know what steps to take ..do I need a realtor
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 15, 2022

Find the property yourself or call a realtor. But before signing a contract, hire an attorney to search the title and check it out. Many times it is better to walk away than get stuck .

1 Answer | Asked in Real Estate Law for Louisiana on
Q: forced sale of prop. by 2 heirs all defendants were included now paperwork says 3 indiv. will be addressed later why?

It was my grandparents' home in Louisiana, two siblings sued their 2 remaining siblings and the heirs of their deceased siblings. Originally all the defendants were named as being" sued to force a sale...We received the final judgment to force the sale however now the defendants with the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 31, 2022

The Court must determine Title, and apparently it has found another Tenant In Common. There will be further Orders from the Court after the Sale concerning Confirming the Sale, Authorizing the Conveyance, and Disbursing the net proceeds, etc. Apparently all Heirs were not originally joined.

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Louisiana on
Q: Hello , I want to find out if the HOA every year it seems is asking the owners to pay for all of these projects

Hello, the HOA that over my residence just had new carpet install in the building , with new furniture , and fixed the drive way . The HOA told all the owners to pay 1,600 for the new carpet in January of this year . Now the HOA wants all the owners to pay 2,000 in January 23 because they are... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 22, 2022

A review of your governing documents which describe the steps the Board/HOA has to follow in order to make these assessments is needed. Since you have multiple property owners worried about this, I recommend that a group of you contact an HOA or real estate lawyer to do this----said lawyer would... Read more »

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