Release by Prescription is the Jefferson Parish Clerk of Court form, printed under the title Cancellation of Inscription(s) by Prescription, on which a signer asks the Clerk of Court & Ex-Officio Recorder of Mortgages of Jefferson Parish, State of Louisiana, to cancel in full encumbrances that have prescribed. It lists up to four inscriptions, each a mortgage, judgment, lien or other item identified by its parties, amount, date and recording reference, and it goes in with mortgage certificates that cover the prescriptive period. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the Clerk publishes the original on its forms page.
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What is Release by Prescription – Jefferson Parish, LA?
Release by Prescription, printed as Cancellation of Inscription(s) by Prescription, is the Jefferson Parish Clerk of Court form in which the undersigned asks the Clerk of Court & Ex-Officio Recorder of Mortgages to cancel in full inscriptions that have prescribed.
The printed text says the listed inscriptions have become unenforceable, have prescribed and preempted, and that their effect has ceased because of the prescribed lapse of time. The undersigned presents mortgage certificates bearing all of the names concerned and covering the prescriptive period(s), and authorizes, directs and requests the Clerk to cancel the encumbrance. The form also contains an acknowledgment: the signer is liable to, and shall indemnify, the Recorder of Mortgages and any person relying on the request for any damages suffered because of that reliance, in accordance with La. R.S. 44:110.
The form has four identical blocks. Each block marks the inscription as Mortgage, Judgment, Lien or Other, then gives who it was granted by or filed against, in whose favor, the sum, the date, and the Mortgage Office Book, Folio and Instrument number where it was recorded. A signature block follows.
On the Clerk's forms page it is listed under Releases (Cancellations of Mortgage Inscriptions), in the Mortgage & Conveyance / UCC section, next to separate releases for other situations and the Request to Cancel Inscription(s), which must accompany all cancellation documents. The Clerk describes its forms as samples for qualified notaries or attorneys, and says they may be retyped as long as all language and required information are preserved.
Who needs to file Release by Prescription – Jefferson Parish, LA?
The person who signs this form is the party asking the Jefferson Parish Clerk of Court, as Ex-Officio Recorder of Mortgages, to cancel a recorded mortgage, judgment, lien or other inscription that has, in the form's words, become unenforceable and prescribed and preempted. That signer must have mortgage certificates run in all names concerned that cover the prescriptive period.
The Clerk's forms page says its forms are intended as samples for use by qualified notaries or attorneys only, and that Clerk of Court employees may not provide legal advice or help complete any form. A signer acting for a company or as an agent fills in the Company and Title lines; the title line is marked (Duly Authorized Agent).
Other situations have their own releases on the Clerk's list, for example Release of Building Contract, Release by Financial Institution (La. R.S. 9:5172) and Release by Motion and Order to Cancel Notice of Property Bond. This form is the release for inscriptions that have prescribed.
The signer also accepts a stated liability: the form says he/she shall indemnify the Recorder of Mortgages and anyone relying on the request for damages, under La. R.S. 44:110.
When to file Release by Prescription – Jefferson Parish, LA
Submit the form once the inscriptions you want cancelled have prescribed, which is the situation the form itself describes: they have become unenforceable and have prescribed and preempted because of the lapse of time. No separate due date is printed on it.
The Clerk's forms page says Release by Prescription must be submitted with mortgage certificates run in all names concerned and covering the appropriate prescription period, so the certificates need to be in hand first. The Request to Cancel Inscription(s) must accompany all cancellation documents, so prepare it at the same time, and the Clerk states that all documents must be submitted with the appropriate fees. The Clerk's pages give no processing time for this release.
Documents you need
- Mortgage certificates run in all names concerned and covering the appropriate prescription period; the Clerk says Release by Prescription must be submitted with them.
- Request to Cancel Inscription(s): it must accompany all cancellation documents, complete with the MOB & Folio and/or Instrument Number and the name and address of the party requesting cancellation.
How to fill out Release by Prescription – Jefferson Parish, LA
Mark the type of inscription
In the first block, check Mortgage, Judgment, Lien or Other. If you check Other, write a description on the line beside it.
Name the party on the inscription
On the line Granted by or filed against, enter the name of the party the inscription was granted by or filed against. Enter every name your mortgage certificates cover.
Name the party in favor
On the line In favor of, enter the party named as the beneficiary of the inscription.
Enter the sum and date
After In the sum of: $, enter the amount of the inscription. After Dated, enter the date of the instrument.
Enter the recording reference
On the line beginning Recorded in Mortgage Office Book, enter the Book number, the Folio number and the Instrument number.
Complete the other inscription blocks
The form has four identical blocks. Repeat the same entries for each additional inscription, and leave any unused block blank.
Date and sign the form
Enter the date and the signature of the undersigned above the DATE and SIGNATURE labels.
Print the signer's name and title
Enter the PRINTED name of the above signed party. Fill in Company and Title (Duly Authorized Agent) only if they apply.
Add address and email
Enter the mailing address, city, state, ZIP and e-mail address of the signer.
Prepare the accompanying documents
Gather the mortgage certificates and complete the Request to Cancel Inscription(s), as described under How to submit.
Review and download the completed PDF
Check that each block matches the recorded inscription and the signature block is complete. Download or print the completed PDF from FillingPDF and assemble the package described under How to submit.
How to submit Release by Prescription – Jefferson Parish, LA
The release is submitted to the Jefferson Parish Clerk of Court, the office the form is addressed to. Neither the form nor the Clerk's forms page prints a mailing address, portal or appointment rule for it; contact details are on the Clerk's site at https://jeffparishclerk.gov/forms/.
The package the Clerk's page describes:
- Release by Prescription: completed and signed.
- Mortgage certificates: run in all names concerned and covering the appropriate prescription period. Since April 7, 2017, the Clerk has contracted with Jefferson Certificate Corp., 217 Huey P. Long Ave., Gretna, LA 70053, to prepare mortgage and conveyance certificates; for ordinary acts of sale or mortgage the page gives (504) 361-0206.
- Request to Cancel Inscription(s): it must accompany all cancellation documents, complete with the MOB & Folio and/or Instrument Number and the name and address of the party requesting cancellation.
- Fees: a fee applies, and all documents must be submitted with the appropriate fees; see the Fees page on the Clerk's site for the charges.
The Clerk's page also states that cancellations filed in Jefferson Parish must be in authentic form, executed before a Notary Public and signed by the affiant and two witnesses of lawful age. The printed release has no notary or witness block, so confirm with your notary or attorney how this applies.
FillingPDF lets you fill out and download the PDF; submission follows the Clerk's channels above.
Common mistakes to avoid
- Submitting the release without mortgage certificates run in all names concerned and covering the appropriate prescription period.
- Leaving out the Request to Cancel Inscription(s), which must accompany all cancellation documents.
- Sending the Request to Cancel Inscription(s) without the MOB & Folio and/or Instrument Number, or without the name and address of the party requesting cancellation.
- Retyping the form and dropping language or required information; the Clerk allows retyping only if everything is preserved.
- Submitting the release without the appropriate fees, which the Clerk requires with all documents.
- Asking Clerk of Court employees to help complete the form; they are prohibited from providing legal advice or assistance with any form.
- Treating the printed form alone as enough when the cancellation must be in authentic form, executed before a Notary Public with the affiant and two witnesses of lawful age.
Frequently asked questions
What is the Release by Prescription form in Jefferson Parish?
It is the Jefferson Parish Clerk of Court form, printed as Cancellation of Inscription(s) by Prescription, that asks the Clerk of Court & Ex-Officio Recorder of Mortgages to cancel in full inscriptions that have prescribed. Each block covers one mortgage, judgment, lien or other inscription.
Is this a Jefferson Parish property tax form?
No. The form is a request to cancel prescribed inscriptions (mortgage, judgment, lien or other) recorded in the mortgage records, and it does not mention property tax. It is listed under Releases (Cancellations of Mortgage Inscriptions) on the Jefferson Parish Clerk of Court's forms page.
What must I submit with the Release by Prescription?
The Clerk says it must be submitted with mortgage certificates run in all names concerned and covering the appropriate prescription period. A Request to Cancel Inscription(s) must also accompany all cancellation documents, and the documents must come with the appropriate fees.
Does a Release by Prescription have to be notarized?
The Clerk's forms page states that cancellations filed in Jefferson Parish must be in authentic form: executed before a Notary Public and signed by the affiant and two witnesses of lawful age. The printed form has no notary block, so ask your notary or attorney how it applies.
Is there a fee to file a Release by Prescription?
Yes. The Clerk of Court says all documents must be submitted with the appropriate fees and points to the Fees page for the charges. This page does not give an amount; check the Clerk's Fees page for the current figure.
Can I fill out the Release by Prescription online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the release; you submit it to the Jefferson Parish Clerk of Court yourself, with the certificates, the Request to Cancel Inscription(s) and the fees.
How many inscriptions can I cancel on one form?
The form has four blocks, each with the type (Mortgage, Judgment, Lien or Other), the parties, the sum, the date and the Mortgage Office Book, Folio and Instrument number. Each block covers one inscription.
Where do I get the mortgage certificates for this release?
The Clerk's forms page says that since April 7, 2017 it has contracted with Jefferson Certificate Corp., 217 Huey P. Long Ave., Gretna, LA 70053, to prepare mortgage and conveyance certificates. For ordinary acts of sale or mortgage, the page gives (504) 361-0206.
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