Louisiana Revised Statutes & Codes

La. Rev. Stat. § 13:4104 (2026)

The right to an order for executory process shall exist when there is a variance between a notarial act of mortgage and the note or notes issued in connection therewith, when such variance is due to a clerical error and the fact that such variance is so due is certified on the note or notes or on the act of mortgage, or both, over the official signature of the notary before whom the mortgage was passed.

✓ current as of May 2026

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§4104. Variance between act of mortgage and note; correction

The right to an order for executory process shall exist when there is a variance between a notarial act of mortgage and the note or notes issued in connection therewith, when such variance is due to a clerical error and the fact that such variance is so due is certified on the note or notes or on the act of mortgage, or both, over the official signature of the notary before whom the mortgage was passed.

Notes of Decisions

Cited in 10 cases, 1966–2002 · leading case: Colonial Fin. Serv., Inc. v. Stewart, 481 So. 2d 186 (La. Ct. App. 1985).

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Colonial Fin. Serv., Inc. v. Stewart, 481 So. 2d 186 (La. Ct. App. 1985). · cites it 3× “The trial judge determined that before Colonial can proceed via executory process, the notary before whom the mortgage was passed must certify that the variance between the recitals of the note and mortgage is due to clerical error under LSA-R.S. 13:4104. [1] The notary before…”

Hibernia Nat. Bank v. Belleville, 815 So. 2d 301 (La. Ct. App. 2002). “" Under the Public Records Doctrine, technical defects in contractor's liens, as well as other instruments such as mortgages, settlement statements, etc.”

Rosenthal & Rosenthal, Inc. v. Houma Town House Apts., Inc., 238 So. 2d 9 (La. Ct. App. 1970). · cites it 4× “The plaintiffs urge that this is a suit on the note alone and that the note is not attacked by any special defense and that therefore the attorney fees called for in the note should be given.”

Bickham Motors, Inc. v. Crain, 185 So. 2d 271 (La. Ct. App. 1966). “" We further note the witness acknowledgment of the Chattel Mortgage in question is dated "the 23rd day of May, 1959," with lines drawn through the word "May" indicating intent to delete same and the interlineation of the word "April" in lieu thereof.”

Bourgeois v. Sazdoff, 209 So. 2d 320 (La. Ct. App. 1968). “R.S. 13:4104. There are two documents or agreements made by the parties in authentic form subsequent to the date of the note and mortgage, but the note is not paraphed by the notary to identify these agreements with it.”

Ray Mcdermott & Co. v. Vessel Morning Star, 431 F.2d 714 (5th Cir. 1970). “R.S. 13:4104, 4105, 4106, 4107, expressly declares that "if a mortgagee takes advantage of a waiver of appraisement and the proceeds of the judicial sale thereof are insufficient to satisfy the debt for which the property was sold, the debt nevertheless shall stand fully…”

J. Ray McDermott & Co. v. The Vessel Morning Star, 431 F.2d 714 (5th Cir. 1970). “13:4104, 4105, 4106, 4107, expressly declares that “if a mortgagee takes advantage of a waiver of appraisement and the proceeds of the judicial sale thereof are insufficient to satisfy the debt for which the property was sold, the debt nevertheless shall stand fully satisfied…”

Liberty Nat'l Life Ins. v. Prine, 385 So. 2d 416 (La. Ct. App. 1980). “R.S. 13:4104, by analogy, should permit executo-ry process in this instance.”

Helis v. Bus. Capital Corp., 411 So. 2d 640 (La. Ct. App. 1982). “We further note that under R.S. 13:4104, the existence of a typographical error does not affect the validity of executory process.”

Century Bank v. Melendy, 461 So. 2d 328 (La. Ct. App. 1984). “During the course of the hearing on the deficiency claim, the trial judge considered the notary’s error in the paraphing of the note to be a clerical error and accordingly permitted the notary to properly paraph the note in open court, pursuant to the provisions of LSA-R.”

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