WFG Wiki - User contributions [en]

LA Underwriting References

2022-03-21T21:13:08Z

Davidsilverstein: /* Probate & Estates */

==Agency==
===Powers of Attorney===
===Corporate Authority===
==Agreement for Deed==
==Agreement Not to Transfer or Encumber==
==Agreements==
==Agricultural Lands==
==Alien Land Ownership==
==Aliens Ineligible To Citizenship==
==Alteration of Instruments==
==Bankruptcy==
===State Specific===
===General===
==Cemeteries==
==Chattel and Crop Mortgages==
==Churches==
==Common Law Syndicates or Trusts==
==Community and Separate Real Property==
==Condominiums, Homeowners’ Associations and Common Interest Developments==
==Construction Liens==
==Contracts for Sale==
==Conveyances ==
==Corporations==
==Courts==
===Actions affecting Title===
===Due Process===
===Lis Pendens===
===Documenting the Record===
===Enforcement of Judgments===
===Servicemembers Civil Relief Act (Soldiers & Sailors)===
==Covenants, Conditions and Restrictions==
==Creditors’ Rights & Fraudulent Transfers==
==Deeds==
==Descriptions==
==Dissolution of Marriage==
==Easements==
==Eminent Domain==
==Entities==
==Escrows==
==Estates of Decedents==
==Federal Estate Tax==
==Federal Housing Administration Loans==
==Federal Land Bank Loans==
==Federal Tax Liens==
==Fissionable Materials Reservations==
==Flexible Purpose Corporations==
==Foreclosure Of Mortgages==
==Forfeiture==
==General Partnerships==
==Generally==
==Guardianship, Conservatorships and Other Protective Proceedings==
==Homestead ==
==Identity of Persons==
==Incompetents & Minors==
==Indian Titles==
==Judgments and Liens==
==Land Trust==
==Leases ==
==Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement==
==Life Estates==
===Creation & Recognition===
===Lady Bird Deeds===

==Maps==
==Marital Homestead in Probate Proceedings==
==Marital Property ==
==Marketable Record Title Act & Curative Acts==
==Minerals==
==Missing Persons==
==Mobile homes, Manufactured Homes And Commercial Coaches==
==Mortgages & Deeds of Trust==
==Notary & Acknowledgments==
==Plats & Subdivisions==
==Plats And Streets==
==Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)==
==Probate & Estates==
[[File:Succession Examination Checklist.pdf|thumb|Louisiana Succession Examination Checklists]]

==Public Lands==
==Restrictions And Reverters==
==Servicemembers Civil Relief Act==
==Special Risks/Ultra-Hazardous Risks==
==Spousal Interests==
===Divorce===
===Joinder Requirements===

==State and Local Transfer Taxes==
==State Law Reservations==
==Streets==
===Vesting===
===Usage Rights===
===Abandonment & Vacation===
==Surveys And Title Insurance==
==Tax Liens==
===Federal Income and Other Taxes===
===Federal Estate Tax===
===State Income Tax===
===Property Tax===
=== Other State and Local Taxes===
==Taxation And Tax Titles==
==Taxes And Assessments==
==Tenancies==
==Trusts And Trustees==
==Truth-In-Lending==
==Unauthorized Practice of Law==
==Uniform Commercial Code (UCC)==
==Uniform Federal Lien Registration Act==
==Usury==
==Utilities==
==Water And Water Rights==
==Waters And Watercourses==
==Zoning==

File:Succession Examination Checklist.pdf

2022-03-21T21:06:11Z

Davidsilverstein: Louisiana Succession Examination Checklists

== Summary ==
Louisiana Succession Examination Checklists

8.1 Exceptions

2020-05-11T15:56:46Z

Davidsilverstein: /* List compiled from various sources 12-10-15 */

==List compiled from various sources 12-10-15==

* Arizona- A.R.S. Sections: 48-309; 49;
*Arkansas - Arkansas Code Annotated, Sections: 8-7-501 through 8-7-525; 14-54-901 through 14-54-904; 15-57-301 through 15-57-321; 15-58-101 through 15-58-510; 8-7-801 through 8-7-815; and 8-7-901 through 8-7-908;

*Connecticut - Conn. Gen. Stat. §22a-452a (may be deleted if the land is exclusively residential real estate); This is the Connecticut superlien statute. You may delete this exception upon request if the land is improved for residential purposes only or if there is a construction loan for improvement for residential purposes only. Do not delete this exception if the land has any commercial use.
Residential properties are not subject to a "super" lien; rather, a lien on residential property will take its place behind prior liens. Lien cannot be imposed against property contaminated by way of migration of wastes from another property.

*D.C. - District of Columbia Environmental Code Section 7-266.

*Georgia - Ga. Code Ann. §12-13-12;

*Illinois- . 65 ILCS 5/11-31-1-F; 415 ILCS 5/21.3.

*Iowa - Iowa Code Ann. §455B.396;

*Kentucky -- Paragraph (b) excepts to Section 224.877. This statute creates an environmental cleanup.

*Louisiana - La. Rev. Stat. Ann. §30:2281 and §30:2205

*Maine - 38 M.R.S.A. Sections 1370 and 1371; Paragraph (b) does not except to Title 38 Section 1371. This is the Maine hazardous waste superlien law. This law does not create a superlien if the land is improved for residential purposes only or if there is a construction loan for improvement for residential purposes only.
38 MRSA 1306-C, 1362

*Maryland - Md. Environ. Code Ann. §7-266;

*Massachusetts - Mass. Gen. Laws Ann. ch. 21E §13 (may be deleted if greater part of land devoted to single or multi-family housing);

*Michigan - the following citations should be reflected in paragraph (b) of the endorsement: MCL 324.11143 et seq.; MCL 324.20101 et seq.; MCL 324.21301 et seq. Also, upon request by FNMA, the citations may be shown as follows:
MCL 324.11143(3) also codified as MSA 13A.11143(3)
MCL 324.20138(2)(a), (4) and (6) also codified as MSA 31A.20138(2)(a), (4) and (6)
Mich Com. Laws §29.16, 324.3115, 324.9120 (except single and multi-family residential), 324.11143, 324.20138; 324.21548
*Minnesota - Minn. Stat. Ann. §§514.67; 115B.41; 115B.412; Paragraph (b) excepts to Minnesota Statute Sections 400.16 and 400.161.

*New Hampshire - N.H. RSA 147-B:2, 147-B:10-b or B-10 (this exception should be added unless land is improved or under construction solely as a residential property)
*New Jersey - "This Endorsement will not insure against liens recorded pursuant to the Spill Compensation Control Act, N.J.S.A. §58:10-23.11 et seq. subsequent to the issuance of this Policy"; (Pursuant to §58:10-23.11 f, lien has priority on land subject to clean up unless mortgage recorded and land is six dwellings or less used exclusively for residential.)
In N.J. The super-priority lien applies only to the contaminated property, while a non-priority lien attaches to all other real and personal property and business revenues of the discharger. N.J.S.A. 58:10-23.11g(7).
New Mexico - 3-48-7 NMSA 1978; 69-25B-8 NMSA 1978;

*New York – N.Y. Public Health Section 1307; N.Y. Administrative Code §§17-101 through 17-174 (See 17-151)

*North Dakota - N.D. Cent. Code Sec. 38-14.2-14 (Liens for reclamation on private lands.)
*Ohio - Ohio Rev. Code Ann. §3767.41; §§3734.122, 3734.20, and 3734.22 (applicable only if not a single family residence; may be deleted if improved single family residence);
Another source had this description of Ohio law: The state has a general lien provision which does not subordinate previously perfected security interests. Ohio Rev. Code Ann. § 3734.20. However, the lien statute has some features worth noting. The owner of property where the state is performing a response action can be forced to grant an easement to the state for the duration of the cleanup. Moreover, the state can force the owner to record restrictive covenants that limit the uses of the land if certain future uses could interfere with the remedial action. 3734.22.
*Pennsylvania - 32 P S Sec. 5101 et seq.;

*South Carolina - S.C. Code Ann. §48-1-350;

*Texas - Tex. Health & Safety Code §§361.194, 342.007, 342.008; Texas Local Gov't. Code §214.0015(b), (d), and (e), 214.001; and Tex. Nat. Res. Code §134.150, if applicable;
*Washington - RCW 70.121.140;
*Wisconsin - W.S.A. Chapter 292.81 (may be removed if needed as appropriate for residential property: for residential property, the statutory lien would not affect a “valid prior lien” as that is defined in the statute (purchase money and second mortgages (including as refinanced))
Another source: The state also has a two-tiered system. The state may be granted a super-priority lien against non-residential property but may only impose a non-priority lien against residential property Wis. Stat. § 144.442(9)(i).

==FNMA STATE SUPER LIEN STATUTES 2007==

STATE STATUTE(S)
*Arizona A.R.S. Sec. 48-309
*Arkansas Code of 1987 Anno. Sec. 15-58-101 et seq.
*Connecticut Section 22a – 452a
*Illinois 65 ILCS 5/11-31-1-F
*Louisiana Louisiana Statutes Ann.:
**R. S. 30: 1148 (this section does not exist)
**R. S. 30: 1149.6 (this section does not exist)
**R. S. 30: 2281
**R. S. 33: 1236 (21) (not limited to paragraph 21)
**See other LA statutes listed above
*Maine 38 MRSA Sec. 1370 and 1371
*Michigan MCLA Sec. 324.11143(3) [also codified as MSA 13A 11143(3)]
**MCLA Sec. 324.20138(2)(a), (4) and (6) [also codified as MSA 13A 20138(2)(a), (4) and (6)]
*Minnesota
**Minn. Stat. Ann. Section 514.67 (West)
**Minn. Stat. Ann. Section 115B.41 (West)
**Minn. Stat. Ann. Section 115B.412 (West)
*Missouri R S Mo. 263.140 and 444.930
*New Hampshire RSA 147-B
*New Jersey NJSA 58: 10-23.11 et seq.
*New Mexico  3-48-7 NMSA 1978; 69-25B-8 NMSA 1978
*New York City Administrative Code of the City of New York, Sections 17-101 to 17-174
*New York State Sec. 1307 of Public Health Law
*North Dakota N.D. Cent. Code Sec. 38-14.2-14 (Liens for reclamation on private lands.)
*Ohio Ohio Rev. Code Ann. Sec. 3767.41
*Oklahoma 17 OSA S6, 53.1 and 53.2
*Pennsylvania 32 P S Sec. 5101 et seq.
*Texas Texas Health and Safety Code Sec. 361.194
**Texas Health and Safety Code Sec. 342.007-342.008
**Texas Local Government Code Sec. 214.001, 214.0015(b), (d) and (e)
**Texas Natural Resources Code Sec. 134.150, if applicable
**Texas Rev. Civil Statutes Ann. Art. 1175 Sec. 37 (d) (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 4436 (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 4477-7 Sec. 13(g)(7) (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 4477-9B Sec. 4.03(b)(c) and (d) (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 5920-11 Sec. 9(a) (Vernon’s 1988 Supp.)
*Washington RCW 70.121.140
*Wisconsin W.S.A. Chapter 292.81

Good Funds in Louisiana

2018-09-25T19:37:28Z

Davidsilverstein: /* Overview */

==Overview==
Settlement agents may not accept personal or commercial checks exceeding $2,500 in the aggregate.

==Sources==
La. R.S. 22:512 and 22:532.

==Wet or Dry Settlement==
Wet
==Definition==
Good funds are in one or more of the following forms:
(a) Cash.
(b) Wire transfers unconditionally received by the title insurer or the title insurance producer or the depository of either.
(c) A depository check, including a certified check, cashier's check, or teller's check as defined by the Expedited Funds Availability Act, 12 U.S.C. 4001 et seq.
(d) A personal check or other item which has been presented for payment and for which funds have been unconditionally collected.
(e) Credit transfers through the ACH which have been deemed available by the depository institution receiving the credit. The credit shall conform to the operating rules established by the National ACH Association.
(f) Checks unconditionally issued by mortgage lenders which are subject to periodic audit by the HUD or the secretary of Veterans Affairs, and which are drawn on financial institutions insured by the FDIC.
(g) A check or checks, drawn on the trust account or sales escrow account of a licensed real estate broker in an amount up to the amount of the then current guarantee provided by the Real Estate Recovery Fund as established in LA Rev. Stat. 37:1463.
(h) A personal or commercial check or checks in an aggregate amount not exceeding $2,500 per closing if the settlement agent making the deposit has reasonable and prudent grounds to believe that the deposit will be irrevocably credited to the settlement agent's trust or escrow account.
(i) Checks unconditionally issued by credit unions chartered by applicable state or federal statute.
(j) Checks unconditionally issued by municipalities or political subdivisions of LA.
(k) Checks drawn on the escrow accounts of title insurers or title insurance producers when the title insurance producer issuing the check shall have certified by affidavit the following:
(i) That funds drawn at the time of the real estate closing and settlement are from an escrow account as defined by LA Rev. Stat. 22:512(6).
(ii) That the funds disbursed are from those funds received by the title insurance producer at the time of the real estate closing and settlement and were in one of the forms enumerated in LA Rev. Stat. 22:532(B)(3). LA Rev. Stat. 22:532(B).

==Requirements==
Must have good funds at or before closing.
===Exceptions to Requirements===
N/A
==Cross-References==
* [[Louisiana]]
* [[Good Funds]]

Good Funds in Louisiana

2018-09-25T19:03:05Z

Davidsilverstein: /* Definition */

==Overview==
==Sources==
La. R.S. 22:512 and 22:532.

==Wet or Dry Settlement==
Wet
==Definition==
Good funds are in one or more of the following forms:
(a) Cash.
(b) Wire transfers unconditionally received by the title insurer or the title insurance producer or the depository of either.
(c) A depository check, including a certified check, cashier's check, or teller's check as defined by the Expedited Funds Availability Act, 12 U.S.C. 4001 et seq.
(d) A personal check or other item which has been presented for payment and for which funds have been unconditionally collected.
(e) Credit transfers through the ACH which have been deemed available by the depository institution receiving the credit. The credit shall conform to the operating rules established by the National ACH Association.
(f) Checks unconditionally issued by mortgage lenders which are subject to periodic audit by the HUD or the secretary of Veterans Affairs, and which are drawn on financial institutions insured by the FDIC.
(g) A check or checks, drawn on the trust account or sales escrow account of a licensed real estate broker in an amount up to the amount of the then current guarantee provided by the Real Estate Recovery Fund as established in LA Rev. Stat. 37:1463.
(h) A personal or commercial check or checks in an aggregate amount not exceeding $2,500 per closing if the settlement agent making the deposit has reasonable and prudent grounds to believe that the deposit will be irrevocably credited to the settlement agent's trust or escrow account.
(i) Checks unconditionally issued by credit unions chartered by applicable state or federal statute.
(j) Checks unconditionally issued by municipalities or political subdivisions of LA.
(k) Checks drawn on the escrow accounts of title insurers or title insurance producers when the title insurance producer issuing the check shall have certified by affidavit the following:
(i) That funds drawn at the time of the real estate closing and settlement are from an escrow account as defined by LA Rev. Stat. 22:512(6).
(ii) That the funds disbursed are from those funds received by the title insurance producer at the time of the real estate closing and settlement and were in one of the forms enumerated in LA Rev. Stat. 22:532(B)(3). LA Rev. Stat. 22:532(B).

==Requirements==
Must have good funds at or before closing.
===Exceptions to Requirements===
N/A
==Cross-References==
* [[Louisiana]]
* [[Good Funds]]

Good Funds in Louisiana

2018-09-25T19:00:09Z

Davidsilverstein: /* Sources */

==Overview==
==Sources==
La. R.S. 22:512 and 22:532.

==Wet or Dry Settlement==
Wet
==Definition==
Good funds are in one or more of the following forms:
(a) Cash.
(b) Wire transfers unconditionally received by the title insurer or the title insurance producer or the depository of either.
(c) A depository check, including a certified check, cashier's check, or teller's check as defined by the Expedited Funds Availability Act, 12 U.S.C. 4001 et seq.
(d) A personal check or other item which has been presented for payment and for which funds have been unconditionally collected.
(e) Credit transfers through the ACH which have been deemed available by the depository institution receiving the credit. The credit shall conform to the operating rules established by the National ACH Association.
(f) Checks unconditionally issued by mortgage lenders which are subject to periodic audit by the HUD or the secretary of Veterans Affairs, and which are drawn on financial institutions insured by the FDIC.
(g) A check or checks, drawn on the trust account or sales escrow account of a licensed real estate broker in an amount up to the amount of the then current guarantee provided by the Real Estate Recovery Fund as established in LA Rev. Stat. 37:1463.
(h) A personal or commercial check or checks in an aggregate amount not exceeding $2,500 per closing if the settlement agent making the deposit has reasonable and prudent grounds to believe that the deposit will be irrevocably credited to the settlement agent's trust or escrow account.
(i) Checks unconditionally issued by credit unions chartered by applicable state or federal statute.
(j) Checks unconditionally issued by municipalities or political subdivisions of LA.
(k) Checks drawn on the escrow accounts of title insurers or title insurance producers when the title insurance producer issuing the check shall have certified by affidavit the following:
(i) That funds drawn at the time of the real estate closing and settlement are from an escrow account as defined by LA Rev. Stat. 22:512(6).
(ii) That the funds disbursed are from those funds received by the title insurance producer at the time of the real estate closing and settlement and were in one of the forms enumerated in LA Rev. Stat. 22:532(A)(3). LA Rev. Stat. 22:532(B).
==Requirements==
Must have good funds at or before closing.
===Exceptions to Requirements===
N/A
==Cross-References==
* [[Louisiana]]
* [[Good Funds]]

Tenancies in Mississippi

2018-07-12T22:15:48Z

Davidsilverstein:

=Tenancy by the Entirety=
The intent to create this type of tenancy between spouses must manifestly appear from the tenor of the instrument.

=Joint Tenants with Right of Survivorship=
The intent to create this type of tenancy must manifestly appear from the tenor of the instrument.
==Creation==
It may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others.

An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses.

=Tenancy in Common=
This is the default type of tenancy for conveyances to two or more people, including married couples.

[https://law.justia.com/codes/mississippi/2017/title-89/chapter-1/in-general/section-89-1-7/ MS Code Sec. 89-1-7]

Tenancies in Mississippi

2018-07-12T22:11:39Z

Davidsilverstein: /* Creation */

Tenancies in Mississippi

2018-07-12T22:10:50Z

Davidsilverstein: /* Creation */

Tenancies in Mississippi

2018-07-12T22:09:10Z

Davidsilverstein: /* Joint Tenants with Right of Survivorship */

2017-10-06T18:44:30Z

Davidsilverstein: /* Time Limitations */

==Search/Exam==
*Minimum Search Requirements -- Statute requires 30 years for purchases or longer, if necessary, in order to reach an arms-length sale between unrelated, third parties. 10 years for refinance but still need a 20 year Fed Lien Search. La RS 22:512(17)(b)(vi)(gg). State Bar association requires 35 years or such longer period of time as may be necessary to commence the examination with a conveyance for consideration.
*Plant or other search restrictions -- No
*Additional Requirements for REO Searches --
*Foreclosure Checklist --
*Special Searches Required (Code, HOA, Utilities)? --
*Survey Requirements --
*Title examiner must be LA licensed Attorney.

==UPL==
*UPL Hot Button Issues -- Attorney Certification Required
Any title insurance report or title insurance policy shall be based upon an examination of title, which shall be conducted only by LA licensed attorneys. The examination and resulting opinion, if it furnishes the basis of a title insurance report or title insurance policy, shall be reduced to writing by the attorney. La R.S. 22:512(17). This information and other must be shown on face of the insured mortgage or deed. La. Rev. Stat. Ann § 22:513.1

==Vesting==
*Louisiana civil law is based on Roman, Spanish and French law. Tenancy types based on English law used in the other states are not recognized in Louisiana.

*The following tenancy types are recognized:
**Community Property
***Property acquired during marriage.
***Donations to both spouses. Source: CC Art. 2338
**Separate Property
***Property acquired prior to marriage.
***Property donated to individual spouse.
***Inherited property.
***Property acquired during marriage if act contains declaration that acquiring spouse is purchasing as his separate property with separate funds (referred to as double declaration). Other spouse if available should intervene in act and acknowledges that property is other spouse’s separate property. Creditors of the community and forced heirs may controvert the declaration, but a subsequent transfer by onerous title or a mortgage may not be set aside on grounds of falsity of the declaration.
***Property designated as separate in a matrimonial agreement. After marriage, court approval is required for a valid matrimonial agreement that modifies or terminates the community regime. Source: CC Art. 2341, CC Art. 2342, CC Art. 2329
**Usufruct - Usufruct is a right to possess property and collect its fruits and revenues. A person holding a usufruct (usufructuary) on immovable property does not have the right to sell or mortgage the immovable property unless the instrument creating the usufruct grants the usufructuary the right to dispose of the immovable property. A spouse in his or her last will often grants the surviving spouse the right to dispose of immovable property. In the absence of a will, the usufructuary and all naked owners must execute a sale, lease or mortgage of inherited property. The legal usufruct in favor of the surviving spouse terminates upon remarriage. Source: CC Art. 535, CC Art. 568, CC Art. 890

* Louisiana does recognize components of property ownership known as "usus," which is the right to use the property, "fructus," which is the right to use the fruits produced by the property, and "abuses," which is the right to alienate the property. A "usufruct," combining the components of usus and fructus, allows a person the right to enjoy the property while ownership of the property is vested in another. Ownership in division is the ownership of something by two or more persons, generally presumed to be by equal shares. All owners must sign a sale or a mortgage, including usufructuaries and naked owners, unless the usufructuary is given the power to sell or mortgage in his or her acquisition.
*Attachment of Liens: Liens, called “privileges” in Louisiana, are of two sorts, statutory and contractual. Statutory liens, such as that in favor of workmen and material suppliers, can attach to the property even if the services were ordered by a non-owner. However, the lien must identify the proper owner of the property to attach. Contractual liens, such as mortgages, attach when the proper owner signs a document, such as a mortgage, and the document is recorded. Where property is community, both spouses must sign the mortgage, and the signature of one spouse may not be effective, even as to that one spouse’s share. Judgment liens against either spouse will attach to the entire community property, not just that spouse’s half.

==Witness Requirements==

==Property Tax ==
*Parish property taxes for the current year in all parishes except Orleans are due in December and are delinquent after December 31st. The sheriff of each parish is the ex officio tax collector. Source: R.S. 47:2127
*Property taxes for Orleans Parish for the current year are due and payable in January and are delinquent after January 31st. The City of New Orleans Department of Finance is the tax collector. Source: R.S. 47:1997.
*Municipalities may also collect ad valorem property taxes. Source: R.S. 33:1236

==Mortgage/Transfer Tax==
*There are no mortgage or transfer taxes in Louisiana except in Orleans Parish.
*In Orleans Parish, the City of New Orleans imposes a documentary tax. The amount of the tax is determined by the amount of the transaction and the type of property.
*In most cases the tax is $325 and is charged per transaction. If a sale and mortgage are filed together, only one tax of $325 is imposed.
*For owner occupied single family homes or residential doubles, the tax will not exceed $325. For all other property, if the document exceeds 25 pages, an additional $100 is collected for each additional page up to a maximum of $2,525.
*There are exemptions for certain transactions, e.g. quitclaims and acts of correction.
*Source: City of New Orleans Ord. No. 18736; New Orleans Code, Ch. 150, Article V

Contact New Orleans Notarial Archives for an accurate calculation at 504-568-8577

==Spousal Joinder Requirements/Homestead==
*Spousal joinder required if community property.
*There are two “homestead exemptions” in Louisiana.
**The first deals with a special ad valorem tax break for home owners who live in their property. The first $75,000 of homestead value is exempt from real estate taxes.
**The second “homestead exemption” deals with creditor claims. The homestead is exempt from seizure and sale up to $35,000. The exemption may be waived in favor of a creditor. For community property, both spouses must sign the waiver of homestead exemption. A waiver of the homestead exemption on separate property may be executed by the owner spouse alone and is binding on the non-owner spouse. Most LA form mortgages contain such a waiver in boilerplate language. Source: R.S. 20:1

==Power Of Attorney==
*A power of attorney is also referred to as a procuration or mandate. Source: CC Art. 2987, CC Art. 2989
*In order to insure a transaction executed with a power of attorney, the power of attorney should be executed before a notary and two witnesses.
*A power of attorney acknowledged before a notary public may be used if approved by WFG underwriting. However, a power of attorney to donate property must always be in authentic form, i.e., executed before a notary and two witnesses. Source: CC Art. 2993, CC Art. 1541
*A general power of attorney is insufficient to convey, donate, lease or mortgage property owned by the principal unless the power to convey, donate, lease or mortgage is expressly granted by the principal. It is not necessary that the power of attorney contain the specific property description. Source: CC Art. 2996, CC Art. 2997
*The power of attorney terminates upon the death or interdiction of the principal. Incapacity or incompetency of the principal does not terminate the power of attorney unless the power of attorney provides otherwise. Source: CC Art. 3024, CC Art. 3026
*An agent may not contract with himself unless authorized by the principal. Source: CC Art. 2998
*A trustee by power of attorney may only delegate the performance of ministerial duties. A power of attorney given by a trustee to sell trust property should recite the price and terms of the sale. Boilerplate language that gives the agent discretion or allows him to perform any acts he deems appropriate should be deleted from a power of attorney by a trustee. Source: R.S. 9:2087

==Construction Liens==
*Liens under the Louisiana Private Works Act (R.S. 9:4801 et seq.) are effective from the date a notice of contract is filed in the case of recorded contracts or from the date work begins if there is no recorded contract.
*Where a lender intends to acquire a mortgage on property upon which improvements will be constructed, the usual practice is to obtain an affidavit from an engineer, surveyor, architect or building inspector that states he inspected the immovable at a specified time and that work had not yet commenced nor had building materials been delivered to the site. The affidavit must be recorded within four business days after its execution, and the lender’s mortgage must be filed before or within four business days of the filing of the affidavit. Absent fraud, the correctness of the facts recited in the affidavit may not be controverted if the affidavit and mortgage are filed in accordance with the time periods set forth above. Source: R.S. 9:4820C

==Foreclosure Review==

State Specific Guidelines for Insuring Louisiana Properties Acquired at Sheriff’s Foreclosure Sale - Executory Proceeding or Sale in Ordinary Proceeding Pursuant to Writ of Fifa

#Check service of citation and petition on defendants in ordinary proceeding.
#Review mortgage to confirm that service of demand for payment has been waived and that mortgage contains a confession of judgment required for executory process.
#Confirm that notice of seizure has been served on defendants.
#Confirm that property description matches in mortgage, petition for executory process or request for writ of fifa, notice of seizure, advertisements and sheriff’s deed.
#Review note of evidence filed by attorney appointed to represent absent or deceased defendants to confirm notice sent to absentees or heirs of deceased defendant.
#Review mortgage and conveyance certificates obtained by sheriff and confirm that proper Mennonite notice was sent to all holders of subordinate mortgages, judgments or liens.
#If subordinate IRS liens attach to property, confirm that adequate notice was sent to IRS. If policy will be issued during 120 day redemption period, list the right of redemption as an exception in the commitment and policy.
#If a subordinate mortgage or lien in favor of United States or one of its agencies other than IRS is recorded, include exception for right of redemption during 1 year period following sheriff’s sale.
#Except to all mortgages, judgments and liens superior to the mortgage or judgment of the seizing creditor.
#Confirm that foreclosing creditor obtained relief from automatic stay if debtor has filed a bankruptcy proceeding.

From Bulletin LA14-01

==Instrument Requirements ==
All acts (Deeds & Mortgages) must contain the following:

*Full name of each party and not initials alone. (The full name should include at least one given name and other initials in addition to the surname of each party.)

*The marital status of each party. The terms “single, married, widow or widower” may be used in lieu of reciting a complete marital history.

*The maiden name and prior married names for female parties signing the act.

*The permanent mailing address of each party.

*Typed or printed names of witnesses and Notary Public under their signature lines.

*The notary identification number or state bar roll number of the Notary Public.

*A sale or mortgage of one to four family residential property insured by a title policy must contain:
**the name, address and Louisiana license number of the title producer
**the name of the title insurance underwriter, and
**the name and bar roll number of the Louisiana attorney who provided the title opinion upon which the policy is based.
**This information may be typed or printed on the document or included in an addendum or rider.

Source: R.S. 35:11, R.S. 35:12, R.S. 22:513.1

==Mortgage/Deed of Trust Requirements==
In Louisiana, the mortgage is the instrument used to secure real property loans; common law deeds of trust are not permitted. A "conventional" mortgage is established by contract, a "legal" mortgage is established by operation of law, and a "judicial" mortgage is established by law to secure a judgment. A "general" mortgage burdens all present and future property of the mortgagor, while a "special" mortgage burdens only certain specified property of the mortgagor. Conventional mortgages are special mortgages. Judicial and legal mortgages are usually general mortgages.

Only a written contract may establish a conventional mortgage. The writing may be either an authentic act or an act under private signature, although it is customary for mortgages to be in authentic form for purposes of quick foreclosure. The conventional mortgage must state precisely the description of the immovable property over which it is granted, state the amount of the obligation or the maximum amount of the obligations that may be outstanding at any time and from time to time that the mortgage secures, and be signed by all those who have the power to alienate the property. The mortgagee need not sign the contract of mortgage.

When a creditor lends money to a Louisiana debtor, usually a promissory note is signed as evidence of the debt, although this is not absolutely necessary. The promissory note indicates the amount owed and the interest rate to be charged over a certain period of time.

==Time Limitations==

[[Media:WFG_Louisiana_Time_Limitations_Chart.pdf|LA Time Limitations]]

==Odd Stuff==
#Louisiana has not adopted the concept of a purchase money mortgage. It is necessary to run the names of all purchasers in the mortgage records to determine if there are any recorded judgments or liens against purchasers. A prior recorded judgment or lien against a purchaser will have priority over the mortgage in favor of the purchase money lender. Therefore, the title insurer or producer must obtain releases or subordinations for any liens or judgments against purchaser prior to closing or except to such judgments or liens in any title policy issued.
#A title insurer or title producer is required by law to obtain a written title opinion from a Louisiana attorney prior to issuance of a tile policy. The length of the search depends on the type of transaction. If the transaction is a sale, the search must be 30 years or longer if necessary to reach an arm’s length transaction. If the transaction is a refinance, the minimum search period is the longer of 10 years or 2 links. This requirement is contained in the Louisiana Insurance Code and is enforced by the Louisiana Department of Insurance. Louisiana does not permit a title insurer or title producer to issue a policy based on only a prior policy.
#A title producer after paying a mortgage or judgment is responsible to ensure that the inscription of the mortgage or lien is cancelled from the mortgage records.
#R.S.9:5167.1 allows a notary, attorney or title agent (who paid a mortgagee that failed to return a cancellation form within 60 days) to file an affidavit and cancel the paid mortgage. Two other statutes allow for the filing of an affidavit by the notary, attorney, title agent or title insurer who has misplaced a release received from a mortgagee to cancel the released mortgage. See, R.S. 9:5167 and R. S. 9: 5168.
#Any requirement of Arbitration in an insurance policy is not enforceable in Louisiana

Updated 9/18/14 Stephen G. Sklamba

LA Underwriting Summary

2017-10-06T18:43:25Z

Davidsilverstein: /* Time Limitations */

==Search/Exam==
*Minimum Search Requirements -- Statute requires 30 years for purchases or longer, if necessary, in order to reach an arms-length sale between unrelated, third parties. 10 years for refinance but still need a 20 year Fed Lien Search. La RS 22:512(17)(b)(vi)(gg). State Bar association requires 35 years or such longer period of time as may be necessary to commence the examination with a conveyance for consideration.
*Plant or other search restrictions -- No
*Additional Requirements for REO Searches --
*Foreclosure Checklist --
*Special Searches Required (Code, HOA, Utilities)? --
*Survey Requirements --
*Title examiner must be LA licensed Attorney.

==UPL==
*UPL Hot Button Issues -- Attorney Certification Required
Any title insurance report or title insurance policy shall be based upon an examination of title, which shall be conducted only by LA licensed attorneys. The examination and resulting opinion, if it furnishes the basis of a title insurance report or title insurance policy, shall be reduced to writing by the attorney. La R.S. 22:512(17). This information and other must be shown on face of the insured mortgage or deed. La. Rev. Stat. Ann § 22:513.1

==Vesting==
*Louisiana civil law is based on Roman, Spanish and French law. Tenancy types based on English law used in the other states are not recognized in Louisiana.

*The following tenancy types are recognized:
**Community Property
***Property acquired during marriage.
***Donations to both spouses. Source: CC Art. 2338
**Separate Property
***Property acquired prior to marriage.
***Property donated to individual spouse.
***Inherited property.
***Property acquired during marriage if act contains declaration that acquiring spouse is purchasing as his separate property with separate funds (referred to as double declaration). Other spouse if available should intervene in act and acknowledges that property is other spouse’s separate property. Creditors of the community and forced heirs may controvert the declaration, but a subsequent transfer by onerous title or a mortgage may not be set aside on grounds of falsity of the declaration.
***Property designated as separate in a matrimonial agreement. After marriage, court approval is required for a valid matrimonial agreement that modifies or terminates the community regime. Source: CC Art. 2341, CC Art. 2342, CC Art. 2329
**Usufruct - Usufruct is a right to possess property and collect its fruits and revenues. A person holding a usufruct (usufructuary) on immovable property does not have the right to sell or mortgage the immovable property unless the instrument creating the usufruct grants the usufructuary the right to dispose of the immovable property. A spouse in his or her last will often grants the surviving spouse the right to dispose of immovable property. In the absence of a will, the usufructuary and all naked owners must execute a sale, lease or mortgage of inherited property. The legal usufruct in favor of the surviving spouse terminates upon remarriage. Source: CC Art. 535, CC Art. 568, CC Art. 890

* Louisiana does recognize components of property ownership known as "usus," which is the right to use the property, "fructus," which is the right to use the fruits produced by the property, and "abuses," which is the right to alienate the property. A "usufruct," combining the components of usus and fructus, allows a person the right to enjoy the property while ownership of the property is vested in another. Ownership in division is the ownership of something by two or more persons, generally presumed to be by equal shares. All owners must sign a sale or a mortgage, including usufructuaries and naked owners, unless the usufructuary is given the power to sell or mortgage in his or her acquisition.
*Attachment of Liens: Liens, called “privileges” in Louisiana, are of two sorts, statutory and contractual. Statutory liens, such as that in favor of workmen and material suppliers, can attach to the property even if the services were ordered by a non-owner. However, the lien must identify the proper owner of the property to attach. Contractual liens, such as mortgages, attach when the proper owner signs a document, such as a mortgage, and the document is recorded. Where property is community, both spouses must sign the mortgage, and the signature of one spouse may not be effective, even as to that one spouse’s share. Judgment liens against either spouse will attach to the entire community property, not just that spouse’s half.

==Witness Requirements==

==Property Tax ==
*Parish property taxes for the current year in all parishes except Orleans are due in December and are delinquent after December 31st. The sheriff of each parish is the ex officio tax collector. Source: R.S. 47:2127
*Property taxes for Orleans Parish for the current year are due and payable in January and are delinquent after January 31st. The City of New Orleans Department of Finance is the tax collector. Source: R.S. 47:1997.
*Municipalities may also collect ad valorem property taxes. Source: R.S. 33:1236

==Mortgage/Transfer Tax==
*There are no mortgage or transfer taxes in Louisiana except in Orleans Parish.
*In Orleans Parish, the City of New Orleans imposes a documentary tax. The amount of the tax is determined by the amount of the transaction and the type of property.
*In most cases the tax is $325 and is charged per transaction. If a sale and mortgage are filed together, only one tax of $325 is imposed.
*For owner occupied single family homes or residential doubles, the tax will not exceed $325. For all other property, if the document exceeds 25 pages, an additional $100 is collected for each additional page up to a maximum of $2,525.
*There are exemptions for certain transactions, e.g. quitclaims and acts of correction.
*Source: City of New Orleans Ord. No. 18736; New Orleans Code, Ch. 150, Article V

Contact New Orleans Notarial Archives for an accurate calculation at 504-568-8577

==Spousal Joinder Requirements/Homestead==
*Spousal joinder required if community property.
*There are two “homestead exemptions” in Louisiana.
**The first deals with a special ad valorem tax break for home owners who live in their property. The first $75,000 of homestead value is exempt from real estate taxes.
**The second “homestead exemption” deals with creditor claims. The homestead is exempt from seizure and sale up to $35,000. The exemption may be waived in favor of a creditor. For community property, both spouses must sign the waiver of homestead exemption. A waiver of the homestead exemption on separate property may be executed by the owner spouse alone and is binding on the non-owner spouse. Most LA form mortgages contain such a waiver in boilerplate language. Source: R.S. 20:1

==Power Of Attorney==
*A power of attorney is also referred to as a procuration or mandate. Source: CC Art. 2987, CC Art. 2989
*In order to insure a transaction executed with a power of attorney, the power of attorney should be executed before a notary and two witnesses.
*A power of attorney acknowledged before a notary public may be used if approved by WFG underwriting. However, a power of attorney to donate property must always be in authentic form, i.e., executed before a notary and two witnesses. Source: CC Art. 2993, CC Art. 1541
*A general power of attorney is insufficient to convey, donate, lease or mortgage property owned by the principal unless the power to convey, donate, lease or mortgage is expressly granted by the principal. It is not necessary that the power of attorney contain the specific property description. Source: CC Art. 2996, CC Art. 2997
*The power of attorney terminates upon the death or interdiction of the principal. Incapacity or incompetency of the principal does not terminate the power of attorney unless the power of attorney provides otherwise. Source: CC Art. 3024, CC Art. 3026
*An agent may not contract with himself unless authorized by the principal. Source: CC Art. 2998
*A trustee by power of attorney may only delegate the performance of ministerial duties. A power of attorney given by a trustee to sell trust property should recite the price and terms of the sale. Boilerplate language that gives the agent discretion or allows him to perform any acts he deems appropriate should be deleted from a power of attorney by a trustee. Source: R.S. 9:2087

==Construction Liens==
*Liens under the Louisiana Private Works Act (R.S. 9:4801 et seq.) are effective from the date a notice of contract is filed in the case of recorded contracts or from the date work begins if there is no recorded contract.
*Where a lender intends to acquire a mortgage on property upon which improvements will be constructed, the usual practice is to obtain an affidavit from an engineer, surveyor, architect or building inspector that states he inspected the immovable at a specified time and that work had not yet commenced nor had building materials been delivered to the site. The affidavit must be recorded within four business days after its execution, and the lender’s mortgage must be filed before or within four business days of the filing of the affidavit. Absent fraud, the correctness of the facts recited in the affidavit may not be controverted if the affidavit and mortgage are filed in accordance with the time periods set forth above. Source: R.S. 9:4820C

==Foreclosure Review==

State Specific Guidelines for Insuring Louisiana Properties Acquired at Sheriff’s Foreclosure Sale - Executory Proceeding or Sale in Ordinary Proceeding Pursuant to Writ of Fifa

#Check service of citation and petition on defendants in ordinary proceeding.
#Review mortgage to confirm that service of demand for payment has been waived and that mortgage contains a confession of judgment required for executory process.
#Confirm that notice of seizure has been served on defendants.
#Confirm that property description matches in mortgage, petition for executory process or request for writ of fifa, notice of seizure, advertisements and sheriff’s deed.
#Review note of evidence filed by attorney appointed to represent absent or deceased defendants to confirm notice sent to absentees or heirs of deceased defendant.
#Review mortgage and conveyance certificates obtained by sheriff and confirm that proper Mennonite notice was sent to all holders of subordinate mortgages, judgments or liens.
#If subordinate IRS liens attach to property, confirm that adequate notice was sent to IRS. If policy will be issued during 120 day redemption period, list the right of redemption as an exception in the commitment and policy.
#If a subordinate mortgage or lien in favor of United States or one of its agencies other than IRS is recorded, include exception for right of redemption during 1 year period following sheriff’s sale.
#Except to all mortgages, judgments and liens superior to the mortgage or judgment of the seizing creditor.
#Confirm that foreclosing creditor obtained relief from automatic stay if debtor has filed a bankruptcy proceeding.

From Bulletin LA14-01

==Instrument Requirements ==
All acts (Deeds & Mortgages) must contain the following:

*Full name of each party and not initials alone. (The full name should include at least one given name and other initials in addition to the surname of each party.)

*The marital status of each party. The terms “single, married, widow or widower” may be used in lieu of reciting a complete marital history.

*The maiden name and prior married names for female parties signing the act.

*The permanent mailing address of each party.

*Typed or printed names of witnesses and Notary Public under their signature lines.

*The notary identification number or state bar roll number of the Notary Public.

*A sale or mortgage of one to four family residential property insured by a title policy must contain:
**the name, address and Louisiana license number of the title producer
**the name of the title insurance underwriter, and
**the name and bar roll number of the Louisiana attorney who provided the title opinion upon which the policy is based.
**This information may be typed or printed on the document or included in an addendum or rider.

Source: R.S. 35:11, R.S. 35:12, R.S. 22:513.1

==Mortgage/Deed of Trust Requirements==
In Louisiana, the mortgage is the instrument used to secure real property loans; common law deeds of trust are not permitted. A "conventional" mortgage is established by contract, a "legal" mortgage is established by operation of law, and a "judicial" mortgage is established by law to secure a judgment. A "general" mortgage burdens all present and future property of the mortgagor, while a "special" mortgage burdens only certain specified property of the mortgagor. Conventional mortgages are special mortgages. Judicial and legal mortgages are usually general mortgages.

Only a written contract may establish a conventional mortgage. The writing may be either an authentic act or an act under private signature, although it is customary for mortgages to be in authentic form for purposes of quick foreclosure. The conventional mortgage must state precisely the description of the immovable property over which it is granted, state the amount of the obligation or the maximum amount of the obligations that may be outstanding at any time and from time to time that the mortgage secures, and be signed by all those who have the power to alienate the property. The mortgagee need not sign the contract of mortgage.

When a creditor lends money to a Louisiana debtor, usually a promissory note is signed as evidence of the debt, although this is not absolutely necessary. The promissory note indicates the amount owed and the interest rate to be charged over a certain period of time.

==Time Limitations==

[[File:WFG_Louisiana_Time_Limitations_Chart.pdf]]

==Odd Stuff==
#Louisiana has not adopted the concept of a purchase money mortgage. It is necessary to run the names of all purchasers in the mortgage records to determine if there are any recorded judgments or liens against purchasers. A prior recorded judgment or lien against a purchaser will have priority over the mortgage in favor of the purchase money lender. Therefore, the title insurer or producer must obtain releases or subordinations for any liens or judgments against purchaser prior to closing or except to such judgments or liens in any title policy issued.
#A title insurer or title producer is required by law to obtain a written title opinion from a Louisiana attorney prior to issuance of a tile policy. The length of the search depends on the type of transaction. If the transaction is a sale, the search must be 30 years or longer if necessary to reach an arm’s length transaction. If the transaction is a refinance, the minimum search period is the longer of 10 years or 2 links. This requirement is contained in the Louisiana Insurance Code and is enforced by the Louisiana Department of Insurance. Louisiana does not permit a title insurer or title producer to issue a policy based on only a prior policy.
#A title producer after paying a mortgage or judgment is responsible to ensure that the inscription of the mortgage or lien is cancelled from the mortgage records.
#R.S.9:5167.1 allows a notary, attorney or title agent (who paid a mortgagee that failed to return a cancellation form within 60 days) to file an affidavit and cancel the paid mortgage. Two other statutes allow for the filing of an affidavit by the notary, attorney, title agent or title insurer who has misplaced a release received from a mortgagee to cancel the released mortgage. See, R.S. 9:5167 and R. S. 9: 5168.
#Any requirement of Arbitration in an insurance policy is not enforceable in Louisiana

Updated 9/18/14 Stephen G. Sklamba

File:WFG Louisiana Time Limitations Chart.pdf

2017-10-06T18:41:19Z

Davidsilverstein:

8.1 Exceptions

2015-12-22T16:24:22Z

Davidsilverstein: /* FNMA STATE SUPER LIEN STATUTES 2007 */

==List compiled from various sources 12-10-15==

* Arizona- A.R.S. Sections: 48-309; 49;
*Arkansas - Arkansas Code Annotated, Sections: 8-7-501 through 8-7-525; 14-54-901 through 14-54-904; 15-57-301 through 15-57-321; 15-58-101 through 15-58-510; 8-7-801 through 8-7-815; and 8-7-901 through 8-7-908;

*Connecticut - Conn. Gen. Stat. §22a-452a (may be deleted if the land is exclusively residential real estate); This is the Connecticut superlien statute. You may delete this exception upon request if the land is improved for residential purposes only or if there is a construction loan for improvement for residential purposes only. Do not delete this exception if the land has any commercial use.
Residential properties are not subject to a "super" lien; rather, a lien on residential property will take its place behind prior liens. Lien cannot be imposed against property contaminated by way of migration of wastes from another property.

*D.C. - District of Columbia Environmental Code Section 7-266.

*Georgia - Ga. Code Ann. §12-13-12;

*Illinois- . 65 ILCS 5/11-31-1-F; 415 ILCS 5/21.3.

*Iowa - Iowa Code Ann. §455B.396;

*Kentucky -- Paragraph (b) excepts to Section 224.877. This statute creates an environmental cleanup.

*Louisiana - La. Rev. Stat. Ann. §13:2575 (applicable to all municipalities and parishes now); R.S. 30:2281; R.S. 33:1236 (multiple sections; various parishes); R.S. 33:4752 (cities of New Orleans and Shreveport); R.S. 33:5062; R.S. 33:5062.10 (City of Plaquemine)

*Maine - 38 M.R.S.A. Sections 1370 and 1371; Paragraph (b) does not except to Title 38 Section 1371. This is the Maine hazardous waste superlien law. This law does not create a superlien if the land is improved for residential purposes only or if there is a construction loan for improvement for residential purposes only.
38 MRSA 1306-C, 1362

*Maryland - Md. Environ. Code Ann. §7-266;

*Massachusetts - Mass. Gen. Laws Ann. ch. 21E §13 (may be deleted if greater part of land devoted to single or multi-family housing);

*Michigan - the following citations should be reflected in paragraph (b) of the endorsement: MCL 324.11143 et seq.; MCL 324.20101 et seq.; MCL 324.21301 et seq. Also, upon request by FNMA, the citations may be shown as follows:
MCL 324.11143(3) also codified as MSA 13A.11143(3)
MCL 324.20138(2)(a), (4) and (6) also codified as MSA 31A.20138(2)(a), (4) and (6)
Mich Com. Laws §29.16, 324.3115, 324.9120 (except single and multi-family residential), 324.11143, 324.20138; 324.21548
*Minnesota - Minn. Stat. Ann. §§514.67; 115B.41; 115B.412; Paragraph (b) excepts to Minnesota Statute Sections 400.16 and 400.161.

*New Hampshire - N.H. RSA 147-B:2, 147-B:10-b or B-10 (this exception should be added unless land is improved or under construction solely as a residential property)
*New Jersey - "This Endorsement will not insure against liens recorded pursuant to the Spill Compensation Control Act, N.J.S.A. §58:10-23.11 et seq. subsequent to the issuance of this Policy"; (Pursuant to §58:10-23.11 f, lien has priority on land subject to clean up unless mortgage recorded and land is six dwellings or less used exclusively for residential.)
In N.J. The super-priority lien applies only to the contaminated property, while a non-priority lien attaches to all other real and personal property and business revenues of the discharger. N.J.S.A. 58:10-23.11g(7).
New Mexico - 3-48-7 NMSA 1978; 69-25B-8 NMSA 1978;

*New York – N.Y. Public Health Section 1307; N.Y. Administrative Code §§17-101 through 17-174 (See 17-151)

*North Dakota - N.D. Cent. Code Sec. 38-14.2-14 (Liens for reclamation on private lands.)
*Ohio - Ohio Rev. Code Ann. §3767.41; §§3734.122, 3734.20, and 3734.22 (applicable only if not a single family residence; may be deleted if improved single family residence);
Another source had this description of Ohio law: The state has a general lien provision which does not subordinate previously perfected security interests. Ohio Rev. Code Ann. § 3734.20. However, the lien statute has some features worth noting. The owner of property where the state is performing a response action can be forced to grant an easement to the state for the duration of the cleanup. Moreover, the state can force the owner to record restrictive covenants that limit the uses of the land if certain future uses could interfere with the remedial action. 3734.22.
*Pennsylvania - 32 P S Sec. 5101 et seq.;

*South Carolina - S.C. Code Ann. §48-1-350;

*Texas - Tex. Health & Safety Code §§361.194, 342.007, 342.008; Texas Local Gov't. Code §214.0015(b), (d), and (e), 214.001; and Tex. Nat. Res. Code §134.150, if applicable;
*Washington - RCW 70.121.140;
*Wisconsin - W.S.A. Chapter 292.81 (may be removed if needed as appropriate for residential property: for residential property, the statutory lien would not affect a “valid prior lien” as that is defined in the statute (purchase money and second mortgages (including as refinanced))
Another source: The state also has a two-tiered system. The state may be granted a super-priority lien against non-residential property but may only impose a non-priority lien against residential property Wis. Stat. § 144.442(9)(i).

==FNMA STATE SUPER LIEN STATUTES 2007==

STATE STATUTE(S)
*Arizona A.R.S. Sec. 48-309
*Arkansas Code of 1987 Anno. Sec. 15-58-101 et seq.
*Connecticut Section 22a – 452a
*Illinois 65 ILCS 5/11-31-1-F
*Louisiana Louisiana Statutes Ann.:
**R. S. 30: 1148 (this section does not exist)
**R. S. 30: 1149.6 (this section does not exist)
**R. S. 30: 2281
**R. S. 33: 1236 (21) (not limited to paragraph 21)
**See other LA statutes listed above
*Maine 38 MRSA Sec. 1370 and 1371
*Michigan MCLA Sec. 324.11143(3) [also codified as MSA 13A 11143(3)]
**MCLA Sec. 324.20138(2)(a), (4) and (6) [also codified as MSA 13A 20138(2)(a), (4) and (6)]
*Minnesota
**Minn. Stat. Ann. Section 514.67 (West)
**Minn. Stat. Ann. Section 115B.41 (West)
**Minn. Stat. Ann. Section 115B.412 (West)
*Missouri R S Mo. 263.140 and 444.930
*New Hampshire RSA 147-B
*New Jersey NJSA 58: 10-23.11 et seq.
*New Mexico  3-48-7 NMSA 1978; 69-25B-8 NMSA 1978
*New York City Administrative Code of the City of New York, Sections 17-101 to 17-174
*New York State Sec. 1307 of Public Health Law
*North Dakota N.D. Cent. Code Sec. 38-14.2-14 (Liens for reclamation on private lands.)
*Ohio Ohio Rev. Code Ann. Sec. 3767.41
*Oklahoma 17 OSA S6, 53.1 and 53.2
*Pennsylvania 32 P S Sec. 5101 et seq.
*Texas Texas Health and Safety Code Sec. 361.194
**Texas Health and Safety Code Sec. 342.007-342.008
**Texas Local Government Code Sec. 214.001, 214.0015(b), (d) and (e)
**Texas Natural Resources Code Sec. 134.150, if applicable
**Texas Rev. Civil Statutes Ann. Art. 1175 Sec. 37 (d) (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 4436 (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 4477-7 Sec. 13(g)(7) (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 4477-9B Sec. 4.03(b)(c) and (d) (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 5920-11 Sec. 9(a) (Vernon’s 1988 Supp.)
*Washington RCW 70.121.140
*Wisconsin W.S.A. Chapter 292.81

8.1 Exceptions

2015-12-22T16:06:12Z

Davidsilverstein: /* List compiled from various sources 12-10-15 */

==List compiled from various sources 12-10-15==

* Arizona- A.R.S. Sections: 48-309; 49;
*Arkansas - Arkansas Code Annotated, Sections: 8-7-501 through 8-7-525; 14-54-901 through 14-54-904; 15-57-301 through 15-57-321; 15-58-101 through 15-58-510; 8-7-801 through 8-7-815; and 8-7-901 through 8-7-908;

*Connecticut - Conn. Gen. Stat. §22a-452a (may be deleted if the land is exclusively residential real estate); This is the Connecticut superlien statute. You may delete this exception upon request if the land is improved for residential purposes only or if there is a construction loan for improvement for residential purposes only. Do not delete this exception if the land has any commercial use.
Residential properties are not subject to a "super" lien; rather, a lien on residential property will take its place behind prior liens. Lien cannot be imposed against property contaminated by way of migration of wastes from another property.

*D.C. - District of Columbia Environmental Code Section 7-266.

*Georgia - Ga. Code Ann. §12-13-12;

*Illinois- . 65 ILCS 5/11-31-1-F; 415 ILCS 5/21.3.

*Iowa - Iowa Code Ann. §455B.396;

*Kentucky -- Paragraph (b) excepts to Section 224.877. This statute creates an environmental cleanup.

*Louisiana - La. Rev. Stat. Ann. §13:2575 (applicable to all municipalities and parishes now); R.S. 30:2281; R.S. 33:1236 (multiple sections; various parishes); R.S. 33:4752 (cities of New Orleans and Shreveport); R.S. 33:5062; R.S. 33:5062.10 (City of Plaquemine)

*Maine - 38 M.R.S.A. Sections 1370 and 1371; Paragraph (b) does not except to Title 38 Section 1371. This is the Maine hazardous waste superlien law. This law does not create a superlien if the land is improved for residential purposes only or if there is a construction loan for improvement for residential purposes only.
38 MRSA 1306-C, 1362

*Maryland - Md. Environ. Code Ann. §7-266;

*Massachusetts - Mass. Gen. Laws Ann. ch. 21E §13 (may be deleted if greater part of land devoted to single or multi-family housing);

*Michigan - the following citations should be reflected in paragraph (b) of the endorsement: MCL 324.11143 et seq.; MCL 324.20101 et seq.; MCL 324.21301 et seq. Also, upon request by FNMA, the citations may be shown as follows:
MCL 324.11143(3) also codified as MSA 13A.11143(3)
MCL 324.20138(2)(a), (4) and (6) also codified as MSA 31A.20138(2)(a), (4) and (6)
Mich Com. Laws §29.16, 324.3115, 324.9120 (except single and multi-family residential), 324.11143, 324.20138; 324.21548
*Minnesota - Minn. Stat. Ann. §§514.67; 115B.41; 115B.412; Paragraph (b) excepts to Minnesota Statute Sections 400.16 and 400.161.

*New Hampshire - N.H. RSA 147-B:2, 147-B:10-b or B-10 (this exception should be added unless land is improved or under construction solely as a residential property)
*New Jersey - "This Endorsement will not insure against liens recorded pursuant to the Spill Compensation Control Act, N.J.S.A. §58:10-23.11 et seq. subsequent to the issuance of this Policy"; (Pursuant to §58:10-23.11 f, lien has priority on land subject to clean up unless mortgage recorded and land is six dwellings or less used exclusively for residential.)
In N.J. The super-priority lien applies only to the contaminated property, while a non-priority lien attaches to all other real and personal property and business revenues of the discharger. N.J.S.A. 58:10-23.11g(7).
New Mexico - 3-48-7 NMSA 1978; 69-25B-8 NMSA 1978;

*New York – N.Y. Public Health Section 1307; N.Y. Administrative Code §§17-101 through 17-174 (See 17-151)

*North Dakota - N.D. Cent. Code Sec. 38-14.2-14 (Liens for reclamation on private lands.)
*Ohio - Ohio Rev. Code Ann. §3767.41; §§3734.122, 3734.20, and 3734.22 (applicable only if not a single family residence; may be deleted if improved single family residence);
Another source had this description of Ohio law: The state has a general lien provision which does not subordinate previously perfected security interests. Ohio Rev. Code Ann. § 3734.20. However, the lien statute has some features worth noting. The owner of property where the state is performing a response action can be forced to grant an easement to the state for the duration of the cleanup. Moreover, the state can force the owner to record restrictive covenants that limit the uses of the land if certain future uses could interfere with the remedial action. 3734.22.
*Pennsylvania - 32 P S Sec. 5101 et seq.;

*South Carolina - S.C. Code Ann. §48-1-350;

*Texas - Tex. Health & Safety Code §§361.194, 342.007, 342.008; Texas Local Gov't. Code §214.0015(b), (d), and (e), 214.001; and Tex. Nat. Res. Code §134.150, if applicable;
*Washington - RCW 70.121.140;
*Wisconsin - W.S.A. Chapter 292.81 (may be removed if needed as appropriate for residential property: for residential property, the statutory lien would not affect a “valid prior lien” as that is defined in the statute (purchase money and second mortgages (including as refinanced))
Another source: The state also has a two-tiered system. The state may be granted a super-priority lien against non-residential property but may only impose a non-priority lien against residential property Wis. Stat. § 144.442(9)(i).

==FNMA STATE SUPER LIEN STATUTES 2007==

STATE STATUTE(S)
*Arizona A.R.S. Sec. 48-309
*Arkansas Code of 1987 Anno. Sec. 15-58-101 et seq.
*Connecticut Section 22a – 452a
*Illinois 65 ILCS 5/11-31-1-F
*Louisiana Louisiana Statutes Ann.:
**R. S. 30: 1148
**R. S. 30: 1149.6
**R. S. 30: 2281
**R. S. 33: 1236 (21)
*Maine 38 MRSA Sec. 1370 and 1371
*Michigan MCLA Sec. 324.11143(3) [also codified as MSA 13A 11143(3)]
**MCLA Sec. 324.20138(2)(a), (4) and (6) [also codified as MSA 13A 20138(2)(a), (4) and (6)]
*Minnesota
**Minn. Stat. Ann. Section 514.67 (West)
**Minn. Stat. Ann. Section 115B.41 (West)
**Minn. Stat. Ann. Section 115B.412 (West)
*Missouri R S Mo. 263.140 and 444.930
*New Hampshire RSA 147-B
*New Jersey NJSA 58: 10-23.11 et seq.
*New Mexico  3-48-7 NMSA 1978; 69-25B-8 NMSA 1978
*New York City Administrative Code of the City of New York, Sections 17-101 to 17-174
*New York State Sec. 1307 of Public Health Law
*North Dakota N.D. Cent. Code Sec. 38-14.2-14 (Liens for reclamation on private lands.)
*Ohio Ohio Rev. Code Ann. Sec. 3767.41
*Oklahoma 17 OSA S6, 53.1 and 53.2
*Pennsylvania 32 P S Sec. 5101 et seq.
*Texas Texas Health and Safety Code Sec. 361.194
**Texas Health and Safety Code Sec. 342.007-342.008
**Texas Local Government Code Sec. 214.001, 214.0015(b), (d) and (e)
**Texas Natural Resources Code Sec. 134.150, if applicable
**Texas Rev. Civil Statutes Ann. Art. 1175 Sec. 37 (d) (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 4436 (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 4477-7 Sec. 13(g)(7) (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 4477-9B Sec. 4.03(b)(c) and (d) (Vernon’s 1988 Supp.)
**Texas Rev. Civil Statutes Ann. Art. 5920-11 Sec. 9(a) (Vernon’s 1988 Supp.)
*Washington RCW 70.121.140
*Wisconsin W.S.A. Chapter 292.81