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Message
re: Lawyers of the OT
Posted on 9/12/25 at 1:05 pm to UptownJoeBrown
Posted on 9/12/25 at 1:05 pm to UptownJoeBrown
quote:
An authentic act in writing. (Notary and 2 witnesses). You can usually get the description from the tax notice. Effective as to third parties when filed in the mortgage and conveyance records of the Parish the property is located in. I’ve seen one done on loose leaf paper. No lawyer.
The Winn Parish Courthouse was burned twice in the 19th Century during feuds. If you want to establish a chain of title going back before 1888 it gets pretty murky.
0
Posted on 9/12/25 at 1:11 pm to Motorboat
quote:
Sale of immovable property requires a notary and two witnesses, among other things, so consult a lawyer
Common misconception. A donation does, but generally a transfer of immovable property only requires signatures. See La. C.C. art. 1839. It is preferred to have it notarized and signed by two witnesses, so that it is an authentic act.
You can probably have a lawyer do this for fairly cheap if you just want the act. However, you can find forms online (some Louisiana courts provide some). Most important part is the property description. You may be able to get it from a JOP or previous act of sale etc.
If this was a financed deal, there would be an abstract done on the chain of titile, title insurance, probably a survey, etc that makes the process a lot more compicated.
Posted on 9/12/25 at 1:15 pm to TDTOM
I’m not a Louisiana attorney so there may be other requirements there that I’m not aware of, but in general it depends on what you want.
If all you want to do is simply transfer the property from one person to another without having a title search or title insurance, all you really need is a properly prepared and executed deed. There wouldn’t be a formal real estate closing or anything like that. Most general practice attorneys can prepare a deed for you for a reasonable cost.
If you want a title search and title insurance, then you would need to find an attorney/title company that does that. They would then do a formal closing with all of the title insurance related documents and also a deed.
You can also get a title report done without getting title insurance. That’s essentially just the title search.
Just be careful, because sometimes when property (particularly property that doesn’t have a home on it) is inherited over the years by family it’s not always done in a formal way and then that creates title issues down the road.
If all you want to do is simply transfer the property from one person to another without having a title search or title insurance, all you really need is a properly prepared and executed deed. There wouldn’t be a formal real estate closing or anything like that. Most general practice attorneys can prepare a deed for you for a reasonable cost.
If you want a title search and title insurance, then you would need to find an attorney/title company that does that. They would then do a formal closing with all of the title insurance related documents and also a deed.
You can also get a title report done without getting title insurance. That’s essentially just the title search.
Just be careful, because sometimes when property (particularly property that doesn’t have a home on it) is inherited over the years by family it’s not always done in a formal way and then that creates title issues down the road.
This post was edited on 9/12/25 at 1:17 pm
Posted on 9/12/25 at 1:48 pm to Jebadeb
Maybe I’m thinking of a power of attorney for sale of immovable property. I haven’t done that type of work in a coon’s age.
Posted on 9/23/25 at 2:51 pm to AlxTgr
quote:
A deed
I thought we weren't supposed to say this?
Why?
Somebody tell title attorneys!
Posted on 9/23/25 at 3:09 pm to TDTOM
I went to a notary that does a lot of property sales when I sold a lot a couple of years ago. Took like 10 minutes.
Posted on 9/23/25 at 3:43 pm to TDTOM
quote:Outlawed by the 13th Amendment
My mom is selling her brother
quote:
her portion of some property
Posted on 9/24/25 at 8:26 pm to TigerDeacon
The term “deed”, connotes a document that proves ownership of property. If someone’s holding the deed, it’s like holding title to a car. In Louisiana, ownership is determined by the conveyance records at the clerk of court. If you want to transfer title, you and the other party and some witnesses and a notary must execute a document translative of title(i.e. act of donation, act of sale, quit claim, etc.). When do you have signed such a document, it proves ownership as between those two parties only. If you want the ownership to be proven to the world, you must record that act translative of title in the conveyance records of the clerk of court in the parish where the property is located.
This post was edited on 9/24/25 at 10:14 pm
Posted on 9/24/25 at 8:34 pm to TDTOM
A sale or promise of sale of an immovable must be made by authentic act or by act under private signature, except as provided in Article 1839
Posted on 9/24/25 at 8:36 pm to Curdoglsu
A transfer of immovable property must be made by authentic act or by act under private signature. Nevertheless, an oral transfer is valid between the parties when the property has been actually delivered and the transferor recognizes the transfer when interrogated on oath.
An instrument involving immovable property shall have effect against third persons only from the time it is filed for registry in the parish where the property is located.
An instrument involving immovable property shall have effect against third persons only from the time it is filed for registry in the parish where the property is located.
Posted on 9/24/25 at 8:38 pm to TDTOM
quote:
What paperwork is needed to sell property in LA?
I’ll do it for $350. Seriously, that’s what I charge.
Posted on 9/24/25 at 8:38 pm to piratedude
quote:
quick claim
It’s “quit claim.”
Posted on 9/24/25 at 9:12 pm to TDTOM
She can accomplish it with a deed. She can reserve the minerals although they will prescribe back to the surface owner after 10 years of non use.
LINK
This is a link to a form of cash sale deed. It is full warranty however and it probably isn’t appropriate for the facts you described but it is all I could find for a form that you could look at. You could probably get a form from your local clerks office or a local notary could prepare one for your mother. The link doesn’t have a mineral reservation. That form is set up for a notary and two witnesses but that really isn’t required for it to be effective. Most deeds are executed in that manner however because there are benefits to do it that way. As for the property description, if there was a judgment of possession that described the property, you could probably use it. This is the cheap way out. Always best to have a lawyer do it but I understand a lot of people don’t want the expense, particularly if the property isn’t a lot of value and it’s between family members. The public records are full of screwed up paperwork that people did on their own trying to avoid legal expense.
LINK
This is a link to a form of cash sale deed. It is full warranty however and it probably isn’t appropriate for the facts you described but it is all I could find for a form that you could look at. You could probably get a form from your local clerks office or a local notary could prepare one for your mother. The link doesn’t have a mineral reservation. That form is set up for a notary and two witnesses but that really isn’t required for it to be effective. Most deeds are executed in that manner however because there are benefits to do it that way. As for the property description, if there was a judgment of possession that described the property, you could probably use it. This is the cheap way out. Always best to have a lawyer do it but I understand a lot of people don’t want the expense, particularly if the property isn’t a lot of value and it’s between family members. The public records are full of screwed up paperwork that people did on their own trying to avoid legal expense.
Posted on 9/24/25 at 9:59 pm to TDTOM
It’s the Napoleonic Code - going to need a duel.
Posted on 9/24/25 at 10:12 pm to 3HourTour
quote:
Quick claim
Dictated , but not read
Posted on 9/25/25 at 1:00 am to TDTOM
As many have said, the document can be styled as a sale (cash sale or sale with mortgage) or a donation. A donation must be done before a notary and two witnesses. A sale can be done between the parties as long as the seller appears before a notary at some point after the sale to acknowledge their signature.
Regardless of the form of the transaction it must be in writing and re to be effective against third parties.
The bigger issue is making sure all interest owners are identified. If you have a JOP from the succession of the owner, that is a good place to start. If your mom is the sole heir then she can sell or donate the entirety of the property. If there are other heirs on the JOP then a deed from mom would only transfer her share of the property.
Get a property lawyer to help make sure everything is done correctly.
Regardless of the form of the transaction it must be in writing and re to be effective against third parties.
The bigger issue is making sure all interest owners are identified. If you have a JOP from the succession of the owner, that is a good place to start. If your mom is the sole heir then she can sell or donate the entirety of the property. If there are other heirs on the JOP then a deed from mom would only transfer her share of the property.
Get a property lawyer to help make sure everything is done correctly.
Posted on 9/25/25 at 3:28 am to TDTOM
quote:
The property is owned by siblings. It was inherited. I am not sure there is a title. It is just some worthless land in the marsh unless they find oil/gas.
Quitclaim.
Posted on 9/25/25 at 3:29 am to 3HourTour
quote:
quick claim
Be sure to support it with a sworn and notarized act of david.
Posted on 9/25/25 at 4:02 am to TDTOM
Serious question, how you paying. I used chatting to do an owner financed deal not long ago. Used the inspection report, appraisal, and did a complete workspace. It made the agreement, down payment amount, and balance schedule payments st 30 yr amortization at 5.5%.
There are variables in there, but not much. It creates all documents like an excel sheet with a blank field each month for additional principle payments, etc etc
We signed an agreement. I gave to a title attorney and for $1000, the title was completed changing hands in ~1 week, but seller as a lien holder.
Very very easy if both parties agree. That was a house, just a property should be easy. But, I'd imagine you need to make sure with a survey to know legally all boundaries, etc
There are variables in there, but not much. It creates all documents like an excel sheet with a blank field each month for additional principle payments, etc etc
We signed an agreement. I gave to a title attorney and for $1000, the title was completed changing hands in ~1 week, but seller as a lien holder.
Very very easy if both parties agree. That was a house, just a property should be easy. But, I'd imagine you need to make sure with a survey to know legally all boundaries, etc
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