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Started By
Message

parish taxes vs. property taxes
Posted on 12/1/10 at 8:30 pm
Posted on 12/1/10 at 8:30 pm
I am a new homeowner and I just got my property tax statement in the mail. Is this tax different from parish taxes? I noticed on my mortgage statement that my excrow pays the parish tax but does not say anything about the property tax.
I had banked on having to pay the property tax out of pocket, but my girlfriend mentioned that these taxes are sometimes taken care of in escrow, so I am a bit confused.
I had banked on having to pay the property tax out of pocket, but my girlfriend mentioned that these taxes are sometimes taken care of in escrow, so I am a bit confused.
Posted on 12/1/10 at 8:37 pm to TortiousTiger
Sorry for hijacking this thread but TT, can you tell me how long an attorney must go back on a title search in LA? Where I'm currently living, it's only necessary to go back 32 years, with obvious exceptions. If you wouldn't mind, just any general information on title searches in Louisiana would be of utmost appreciation. Thanks in advance 
Posted on 12/1/10 at 8:39 pm to RedStickBR
never been a title atty or done any title work, but most don't go back the full 30 years.
likely a question for RMC. I think the norm is maybe 10 years?
eta: maybe i just know slacker title attys.
likely a question for RMC. I think the norm is maybe 10 years?
eta: maybe i just know slacker title attys.
This post was edited on 12/1/10 at 8:40 pm
Posted on 12/1/10 at 8:43 pm to TortiousTiger
Ahh, it must have been rmc I was thinking of. Sorry about that.
10 years! Wow. I've heard all of these horror stories about having to take LA properties back to the 1800s. I've never heard of any attorneys going back only 10 years unless, of course, it's for a property they've already searched at some prior time.
You also don't have "chancery courts". I'm guessing searches take place at the clerk of court's office.
10 years! Wow. I've heard all of these horror stories about having to take LA properties back to the 1800s. I've never heard of any attorneys going back only 10 years unless, of course, it's for a property they've already searched at some prior time.
You also don't have "chancery courts". I'm guessing searches take place at the clerk of court's office.
This post was edited on 12/1/10 at 8:44 pm
Posted on 12/1/10 at 8:45 pm to RedStickBR
90% of the title attys i know work the shale and it's all rural mineral rights stuff. pretty easy.
and yes, they all hang out in the property records at the clerk of courts.
and yes, they all hang out in the property records at the clerk of courts.
Posted on 12/1/10 at 8:49 pm to TortiousTiger
Just out of sheer curiosity, is there any money in that?
This post was edited on 12/1/10 at 8:50 pm
Posted on 12/1/10 at 8:51 pm to RedStickBR
It takes 30 years for bad faith acquisitive prescription in La, so not much more than that is usually necessary.
Posted on 12/1/10 at 8:54 pm to TortiousTiger
quote:
same thing
I was thinking the same, but the parish tax I see on my escrow appears to be an annual payment of $106 whereas my property tax notice I received in the mail is for $795. Any idea why there would be such a large discrepancy?
Posted on 12/1/10 at 8:56 pm to AbsolutTiger
Interesting, where I live it's only 10 years for "adverse possession". Still, though, if there's an easement, for example, that you had not turned up in your 32-year search, that easement will still be effective. All the 32-year threshold does is protect the attorney from liability. There are certainly instances where, by not going fully back, you will have failed to discover various things which encumber the land. I think most attorneys, however, figure that as long as they escape liability and as long as their clients realize they're adhering to the industry standard by only going back 32 years, who cares?
Posted on 12/1/10 at 8:57 pm to swampdawg
I assume you live within city limits? It seems like the $106 was for parish taxes and the $795 for city taxes. At least that's how it would be interpreted where I live, which I know doesn't count for much.
Posted on 12/1/10 at 8:59 pm to RedStickBR
Louisiana is similar. Good faith adverse possession/acquisitive prescription is 10 years.
But, that still doesn't protect you against an easement from 50 years ago.
But, that still doesn't protect you against an easement from 50 years ago.
Posted on 12/1/10 at 9:18 pm to swampdawg
quote:
I was thinking the same, but the parish tax I see on my escrow appears to be an annual payment of $106 whereas my property tax notice I received in the mail is for $795. Any idea why there would be such a large discrepancy?
Was it new construction? if so when they sat up your orginal escrow they prob went on the last recorded tax for that piece of property (an empty lot), now that the lot has been developed you have much higher taxes, if so your morgatage company will send you a notice and give you the option of paying the diffrence or bumping your monthly payments next year to cover it, go ahead and pay it if you can and get on a regular schedule,
Posted on 12/1/10 at 9:28 pm to Tigerpaw123
quote:
Was it new construction?
No, it was a house in an older neighborhood.
Posted on 12/2/10 at 12:16 am to rmc
quote:
land grants or some crazy shite was the only 'proper' way to do it.
Oh yes, in you were a proper Civilian you'd trace that title back to the Spanish Land Grants and some document that I forget the name of....like that ever happens. I had a professor give me the same line.
Posted on 12/2/10 at 12:52 am to RedStickBR
quote:
RedStickBR
There's a case somewhere where a judge made a lawyer extend the title search twice.
On the lawyer's first search, he did it back to the first transaction after the Louisiana purchase. On the second one, he included a history lesson including the indian tribes that once roamed the land and all the way back to God creating the earth. I think the case is on WestLaw.
Posted on 12/2/10 at 1:23 am to TheHiddenFlask
That's hilarious Flask. I'm going to see if I can find it.
And I'm sure most have heard this joke, but just in case ...
And I'm sure most have heard this joke, but just in case ...
quote:
A New Orleans lawyer sought an FHA loan for a client.
He was told the loan would be granted if he could prove satisfactory title to a parcel of property being offered as collateral. The title to the property dated back to 1803, which took the lawyer 3 months to track down.
After sending the information to the FHA, he received the following reply (actual letter): "Upon review of your letter adjoining your client's loan application, we note that the request is supported by an Abstract of Title.
While we compliment the able manner in which you have prepared and presented an application, we must point out that you have only cleared title to the proposed collateral property back to 1803. Before final approval can be accorded, it will be necessary to clear title back to its origin."
Annoyed, the lawyer responded as follows (actual letter): Your letter regarding title in Case 189156 has been received. I note that you wish to have title extended further than in the years covered by the present application.
I was unaware that any educated person in this country, particularly those working in the property area, would not know that Louisiana was purchased by the U.S. from France in 1803, the year of origin identified in our application.
For the edification of uninformed FHA bureaucrats, the title to land prior to U.S. ownership was obtained from France, which had acquired it by Right of Conquest from Spain.
The land came into possession of Spain by Right of Discovery made in the year 1492 by a sea captain named Christopher Columbus, who had been granted the privilege of seeking a new route to India by the reigning monarch, Isabella. The good queen, being a pious woman and careful about titles, almost as much as the FHA, took the precaution of securing the blessing of the Pope before she sold her jewels to fund Columbus' expedition.
Now the Pope, as I'm sure you know, is the emissary of Jesus Christ, the Son of God. And God, it is commonly accepted, created this world. Therefore, I believe it is safe to presume that He also made that part of the world called Louisiana. He, therefore, would be the owner of origin. I hope to heavens you find His original claim to be satisfactory. Now, may we have our damn loan?"
Posted on 12/2/10 at 8:59 am to RedStickBR
quote:
I assume you live within city limits? It seems like the $106 was for parish taxes and the $795 for city taxes. At least that's how it would be interpreted where I live, which I know doesn't count for much.
You might be right on that. Anyone else have any insight on this? I know my original question is nowhere near as interesting as the new direction this thread has gone.
Posted on 12/20/10 at 11:20 pm to swampdawg
I've worked as a landman/abstractor, so I've dealt with both issues multiple times.
Taxes
You probably are thinking of the city taxes. Mortgage companies/banks that pay the property taxes will usually pay the parish taxes, but may not have agreed to pay the city taxes.
Or, there may have been some sort of error by the assessor or bank. You may have gotten a duplicate city tax notice, the assessor may have sent the notice to the wrong place, or the city may not have been notified that municipal taxes should go to the bank.
Regardless, you need to follow up with whomever sent you this notice to verify what it is, and if it has been sent to your mortgage company also. Then, you should check with your mortgage company to clarify who is responsible for paying. If this ball gets dropped, you get stiff penalties on your taxes.
Title
It's situational.
Obviously houses in older neighborhoods that have had multiple owners will probably not have complicated title issues, and so 32 years would be plenty far.
Other tracts with fewer conveyances (and therefore fewer title inspections) may have uncured defects that need to be addressed.
When I did mineral title, it was different as well. At the leasing stage we would go about 15 years before the last date of production (when prescription runs), so we could lease as fast as possible in the land grab. After everything was leased in an area we often went back to the patent from US, and always got a full title chain on a drillsite. The risk is too great not to have complete title on a piece of property sitting on top of your $10MM well.
You wouldn't believe how much curative work got done as a result of old title, especially in TX where there's no mineral prescription. I've heard of people having to track down owners based on 1890s deeds.
Taxes
You probably are thinking of the city taxes. Mortgage companies/banks that pay the property taxes will usually pay the parish taxes, but may not have agreed to pay the city taxes.
Or, there may have been some sort of error by the assessor or bank. You may have gotten a duplicate city tax notice, the assessor may have sent the notice to the wrong place, or the city may not have been notified that municipal taxes should go to the bank.
Regardless, you need to follow up with whomever sent you this notice to verify what it is, and if it has been sent to your mortgage company also. Then, you should check with your mortgage company to clarify who is responsible for paying. If this ball gets dropped, you get stiff penalties on your taxes.
Title
It's situational.
Obviously houses in older neighborhoods that have had multiple owners will probably not have complicated title issues, and so 32 years would be plenty far.
Other tracts with fewer conveyances (and therefore fewer title inspections) may have uncured defects that need to be addressed.
When I did mineral title, it was different as well. At the leasing stage we would go about 15 years before the last date of production (when prescription runs), so we could lease as fast as possible in the land grab. After everything was leased in an area we often went back to the patent from US, and always got a full title chain on a drillsite. The risk is too great not to have complete title on a piece of property sitting on top of your $10MM well.
You wouldn't believe how much curative work got done as a result of old title, especially in TX where there's no mineral prescription. I've heard of people having to track down owners based on 1890s deeds.
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