Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:5169 (2026)

A. If a mortgage or privilege does not secure a note or other written obligation that is paraphed for identification with it, the request for cancellation shall have attached to it an act executed before a notary public or duly acknowledged before a notary public with or without witnesses or any act that is otherwise self-proving under the provisions of Code of Evidence Article 902(1), (2), (3), or (8), signed by the obligee of record of the mortgage or privilege that acknowledges the satisfaction or extinction of the secured obligation, releases or acknowledges the extinction of the mortgage or privilege, or directs the recorder to cancel its recordation.

✓ current as of May 2026

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§5169. Cancellation of mortgages and privileges not securing paraphed obligations

A. If a mortgage or privilege does not secure a note or other written obligation that is paraphed for identification with it, the request for cancellation shall have attached to it an act executed before a notary public or duly acknowledged before a notary public with or without witnesses or any act that is otherwise self-proving under the provisions of Code of Evidence Article 902(1), (2), (3), or (8), signed by the obligee of record of the mortgage or privilege that acknowledges the satisfaction or extinction of the secured obligation, releases or acknowledges the extinction of the mortgage or privilege, or directs the recorder to cancel its recordation.

B. A request for cancellation by an assignee must also provide the name of the mortgagor or obligor of the privilege as it appears in the recorded instrument and registry number or other appropriate recordation information of the instrument.

Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1^st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2007, No. 337, §2; Redesignated from R.S. 44:106 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2004–2023 · leading case: In re LeBlanc, 593 B.R. 734 (Bankr. E.D. La. 2018).

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In re LeBlanc, 593 B.R. 734 (Bankr. E.D. La. 2018). · cites it 2× “R.S. 9:5169 pursuant to Acts 1992, No. 1132, § 4, eff.”

Johnson v. Eur. Motors-Ali, 129 So. 3d 697 (La. Ct. App. 2013). · cites it 2× “R.S. 9:5169. Article 3337 states: “The recorder shall cancel a mortgage or privilege from his records in the manner prescribed by law.”

URBAN Prop. CO. v. Pioneer Credit Co., 882 So. 2d 1178 (La. Ct. App. 2004). “R.S. 9:5169 provides, "Inscriptions of mortgages and privileges are erased by the consent of the parties interested and having capacity for that purpose; this consent to be evidenced by a release, or by a receipt given on the records of the court rendering the judgment on which…”

State of Louisiana, Div. of Admin., Off. of Cmty. Dev. - Disaster Recovery Unit Versus David McCrea A/K/A David Michael McCrea (La. Ct. App. 2023). “R.S. 9:5169) would not be appropriate, and frankly would be meaningless to the Clerk of Court and Recorder of Mortgages because the judgment in that case was not recorded in the mortgage records; however, we agree that including language in the Motion to Remand for Dismissal…”

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