Supporting Doctrines & Common Transactions

Question 1

What is the value limit for using a small succession affidavit?

Answer 1

$125,000 for intestate estates (with exceptions).

Question 2

Who can execute a small succession affidavit?

Answer 2

Heirs, survive spouse, or legal representatives.

Question 3

What are Louisiana’s four primary sources of law?

Answer 3

Constitution, statutes, codes and jurisprudence?

Question 4

What must a mortgage include to be valid?

Answer 4

Description of property, secured amount, and proper form.

Question 5

Does a mortgage need to be recorded?

Answer 5

Yes, to affect third parties.

Question 6

Is an act of sale of immovables required to be in authentic form?

Answer 6

Yes, or at least in an acknowledged form to be recorded.

Question 7

Is a written lease required in Louisiana?

Answer 7

Not necessarily, but it is strongly recommended and required for certain durations.

Question 8

What is a pledge?

Answer 8

A contract where a movable is given as security for a debt.

Question 9

What form is used for a sale of a vehicle?

Answer 9

Acknowledged act of sale, typically on OMV form.

Question 10

What is the effect of recordation of an act?

Answer 10

Provides public notice and determines priority.

Question 11

What are the two main categories of property in Louisiana?

Answer 11

Movables and immovables.

Question 12

Where must a small succession affidavit be filed?

Answer 12

In the conveyance records of the parish where the property is located.

Question 13

Is court approval required for a small succession affidavit?

Answer 13

No, unless real property is involved under specific conditions.

Question 14

Who must sign the affidavit for a small succesion?

Answer 14

All heirs and legatees, or their representatives.

Question 15

What role does jurisprudence play in Louisiana law?

Answer 15

It interprets the law but is not a primary source.

Question 16

What kind of property can be mortgaged?

Answer 16

Immovable property or rights relating to it.

Question 17

Is consent of a spouse needed to mortgage community property?

Answer 17

Yes, both spouses must consent.

Question 18

What is required for a valid sale?

Answer 18

Agreement on the thing, the price, and consent.

Question 19

Can a notary witness a cash sale of a home?

Answer 19

Yes, and they typically prepare the act.

Question 20

What is the maximum term for a lease of immovable property?

Answer 20

99 years unless otherwise stated.

Question 21

Can an oral lease be enforceable?

Answer 21

Yes, if under one year, but not preferred.

Question 22

What is required for a pledge to be valid?

Answer 22

Delivery of the thing pledged.

Question 23

Can a notary prepare a pledge agreement?

Answer 23

Yes, particularly for movable property.

Question 24

How is ownership of a titled movable transferred?

Answer 24

By a properly executed and acknowledged act of sale.

Question 25

Where are acts affecting immovables recorded?

Answer 25

In the conveyance and mortgage records of the parish.

Question 26

What is a movable by anticipation?

Answer 26

Things not yet separated from the land but intended to be.

Question 27

Can buildings be classified separately from the ground?

Answer 27

Yes, depending on ownership and intent.

Question 28

Can creditors rely on a small succession affidavit?

Answer 28

Yes, if properly executed and recorded.

Question 29

How is the Louisiana Civil Code organized?

Answer 29

Into books: Persons, Things, Different Modes of Acquiring Ownership, etc.

Question 30

What does “jurisprudence” mean in Louisiana law?

Answer 30

Judicial decisions interpreting statutes—secondary authority, not binding law.

Question 31

Who is the “parish recorder” in Louisiana?

Answer 31

The Clerk of Court

Question 32

Name three notarial acts typically recorded with the Clerk of Court.

Answer 32

Acts of sale, mortgages, powers of attorney.

Question 33

What is a corporeal thing?

Answer 33

A tangible thing that can be touched (e.g., land, car).

Question 34

What is an incorporeal thing?

Answer 34

An intangible right or interest (e.g., servitude, inheritance).

Question 35

What is a movable?

Answer 35

A thing not permanently attached to land (e.g., furniture).

Question 36

What is an immovable?

Answer 36

Land and anything permanently attached to it.

Question 37

What are fruits in property law?

Answer 37

Products of things, like crops (natural fruits) or rent (civil fruits).

Question 38

What is acquisitive prescription?

Answer 38

Gaining ownership through continuous possession over time.

Question 39

Can a hope be sold in Louisiana?

Answer 39

Yes, Louisiana law allows the sale of a hope (e.g., the chance of catching fish).

Question 40

How are ambiguities in a contract of sale interpreted?

Answer 40

Against the seller.

Question 41

What is the warranty of peaceful possession?

Answer 41

The seller guarantees the buyer will not be disturbed in their possession of the thing sold.

Question 42

What is lesion beyond moiety?

Answer 42

A seller could rescind a sale of immovable property if they received less than half its fair market value.

Question 43

What three things are required for a valid lease?

Answer 43

A thing, rent, and term.

Question 44

Why should a lease-to-own agreement be recorded?

Answer 44

To protect the buyer's interest and establish priority over third parties.

Question 45

What happens to a recorded lease when ownership of the property transfers?

Answer 45

The lease remains binding on the new owner.

Question 46

Name two ways a pledge may still exist in Louisiana law.

Answer 46

By delivery of the pledged item or by written agreement with possession.

Question 47

What has largely replaced traditional pledges in Louisiana?

Answer 47

UCC Article 9 security agreements.

Question 48

How is a security interest perfected?

Answer 48

By possession or by filing a financing statement, depending on the collateral.

Question 49

What types of property can be mortgaged?

Answer 49

Immovable property or rights relating to immovables.

Question 50

Why must a mortgage be recorded?

Answer 50

To affect third parties and establish ranking among creditors.

Question 51

How is a mortgage cancelled?

Answer 51

By filing a request for cancellation with proof the debt was satisfied.

Question 52

What documents are typically included in a collateral mortgage package?

Answer 52

Collateral mortgage note, act of mortgage, and hand note.

Question 53

Where must a collateral mortgage be recorded?

Answer 53

In the mortgage records of the parish where the property is located.

Question 54

When is an odometer disclosure statement not required?

Answer 54

If the vehicle is over 10 years old or not self-propelled.

Question 55

What is an affidavit of heirship used for?

Answer 55

To transfer title of a vehicle from a deceased owner to heirs.

Question 56

What is an act of correction on a certificate of title?

Answer 56

A notarial act used to fix errors on a vehicle title.

Question 57

Are sales and use taxes due on titled movable sales?

Answer 57

Yes, unless an exemption applies.

Question 58

How is a rescinded vehicle sale handled?

Answer 58

The title must be corrected, and the sale may be reversed through OMV.

Question 59

What is a notarial succession?

Answer 59

A simplified succession using affidavits instead of judicial proceedings

Question 60

How does community property impact succession?

Answer 60

It affects how property is distributed, especially if a spouse dies intestate.

Question 61

Situations when SSN or TIN is required as part of appearance clause or similar?

Answer 61

Conventional mortgage, collateral mortgage, credit sale (buyer = mortgagor), any doc creating security interest in immovable + 3 docs use full # TIN of juridical persons in Articles of Incorporation or similar Sect'y of State filing, SS# of each parent in act acknowledging paternity, TIN of Unincorporated Association in Statement of Authority

Question 62

Situations when a paraph is required?

Answer 62

Mortgage (conventional, collateral, etc/ ) but parties have power to direct Notary not to, sale of mortgage, credit sale, pledge, act of partial release, act of subordination