The Release of Inferior Liens Pursuant to Judicial Sale (La. R.S. 13:4368) is an affidavit that authorizes the Jefferson Parish Clerk of Court to partially cancel an inferior mortgage, lien or privilege after a judicial sale. It is completed by the seizing creditor or its attorney of record and sworn before a notary. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the Clerk of Court publishes the original form on its forms page.
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What is Release of Inferior Liens Pursuant to Judicial Sale (La. R.S. 13:4368) – Jefferson Parish, LA?
The Release of Inferior Liens Pursuant to Judicial Sale (La. R.S. 13:4368) is the Jefferson Parish Clerk of Court form, printed as an "Affidavit and Authorization to Partially Cancel Mortgage, Lien, or Privilege," by which a seizing creditor asks the Clerk to partially cancel an inferior inscription after a judicial sale.
The affiant declares, before a notary, that the seizing creditor filed suit for executory process in the 24th Judicial District, and gives the court, case number, caption, the type of act being enforced, its recording data (MOB, Folio and Instrument No.) and a description of the property. The affidavit then identifies the judicial sale and its recording data (COB, Folio and Instrument No.).
It names the inferior mortgage, lien or privilege to be cancelled: who granted it, in whose favor, and where it is recorded. The cancellation is limited to the extent written on the line that ends "ONLY and no further." The affiant also declares that written notice of seizure was given to the inferior creditor before the sale, with a copy and proof of delivery attached, and agrees to indemnify the recorder of mortgages and anyone relying on the cancellation if the affidavit contains materially false or incorrect statements.
On the Clerk's forms page it is listed under Mortgage & Conveyance / UCC, Releases (Cancellations of Mortgage Inscriptions).
Who needs to file Release of Inferior Liens Pursuant to Judicial Sale (La. R.S. 13:4368) – Jefferson Parish, LA?
The seizing creditor that brought the suit for executory process, or the attorney of record acting for that creditor, completes this affidavit. The form has separate blocks for each: a creditor with the name and title of the person representing it, or an attorney of record with the creditor's name. It is used only when a judicial sale has been recorded and the creditor wants an inferior mortgage, lien or privilege partially cancelled.
Other people involved:
- Notary Public: the affidavit is sworn to and subscribed before a notary, who signs and seals it and gives a state of appointment, a notary or bar number and a commission expiration date.
- Company representative: when a company signs, the signature block asks for the company name and the signer's title as its duly authorized agent.
The Clerk of Court's forms page says its forms are samples intended for use by qualified notaries or attorneys only, and that Clerk of Court employees may not give legal advice or help complete any form.
When to file Release of Inferior Liens Pursuant to Judicial Sale (La. R.S. 13:4368) – Jefferson Parish, LA
Use this affidavit after the judicial sale has been recorded and written notice of seizure has been given to the inferior creditor. The form asks for the sale date and its COB, Folio and Instrument No. recording data, and the affiant declares that the notice was given before the sale, so both must exist before you can complete it. The form prints no deadline of its own. Because it is a cancellation document, the Clerk's forms page also says it must be accompanied by a Request to Cancel Inscription(s) form, so prepare the two together.
Documents you need
- A copy of the written notice of seizure given to the inferior creditor before the judicial sale, attached to the affidavit (the form says "See attached").
- Evidence that the notice was delivered to the inferior creditor, attached together with the copy of the notice.
- The Request to Cancel Inscription(s) form, which the Clerk's forms page says must accompany all cancellation documents, with the MOB & Folio and/or Instrument Number and the name and address of the requesting party.
How to fill out Release of Inferior Liens Pursuant to Judicial Sale (La. R.S. 13:4368) – Jefferson Parish, LA
Enter the state, parish and date
Fill in State of and Parish/County of at the top. Then enter the day, month and year on which the affiant appears before the notary.
Identify the seizing creditor
Enter the creditor name, address, telephone number and email, and the name and title of the person representing it. If an attorney of record appears instead, complete the attorney block and name the creditor it acts for.
Describe the executory process suit
Enter the court, case number and caption (the parties on each side of the "v."). Add the type of act being enforced, its recording date, and its MOB, Folio and Instrument No.
Describe the property
Write the description of the property affected by the act in the lines provided.
Enter the judicial sale details
Enter the date of the judicial sale and the COB, Folio and Instrument No. under which it was recorded with the Clerk of Court, Jefferson Parish.
Identify the inferior mortgage or lien
Enter who granted or made it, in whose favor it was made, the date it was recorded and its MOB, Folio and Instrument No.
State the extent of the cancellation
Complete "Partially cancel aforesaid inscription in so far as" with exactly what is to be cancelled. The form closes the line with "ONLY and no further."
Attach the notice of seizure
Attach the written notice of seizure given to the inferior creditor and the evidence that it was delivered. The affidavit refers to these as attached.
Complete the affiant's signature block
The affiant signs and gives a printed name, company name, title as duly authorized agent, mailing address, city, state, ZIP, telephone number and email.
Have the notary complete the jurat
Before the notary, enter the day, month and year of the oath. The notary signs and seals and fills in printed name, state of appointment, notary or bar number and commission expiration.
Review, download and assemble
Check that every recording reference matches the records. Download or print the completed PDF from FillingPDF, add the Request to Cancel Inscription(s) form and the attachments, and submit as described under How to submit.
How to submit Release of Inferior Liens Pursuant to Judicial Sale (La. R.S. 13:4368) – Jefferson Parish, LA
The form is an authorization addressed to the Clerk of Court for the Parish of Jefferson, and it names no mailing address, portal or appointment rule of its own. The Clerk's forms page at https://jeffparishclerk.gov/forms/ lists it among the releases used to cancel mortgage inscriptions.
Before you submit, check the following, all taken from that page:
- 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 Request to Cancel Inscription(s) form must accompany the affidavit, complete with the MOB & Folio and/or Instrument Number and the name and address of the party requesting cancellation.
- Documents must be submitted with the appropriate fees. The amount is not printed on the form; see the Fees page of the Clerk of Court's website.
- The form may be retyped for specific circumstances, but all language and required information must be preserved.
FillingPDF lets you fill out and download the PDF; submission follows the Clerk of Court's channels.
Common mistakes to avoid
- Submitting the affidavit without the Request to Cancel Inscription(s) form, which the Clerk's forms page says must accompany cancellation documents.
- Leaving out the copy of the written notice of seizure or the evidence that it was delivered to the inferior creditor.
- Filing a document that is not in authentic form; the Clerk's page requires execution before a Notary Public and signatures of the affiant and two witnesses of lawful age.
- Leaving the line "Partially cancel aforesaid inscription in so far as ___ ONLY and no further" blank or broader than the part you mean to cancel.
- Omitting the MOB, Folio or Instrument No. of the inferior mortgage, lien or privilege, or the COB, Folio and Instrument No. of the judicial sale.
- Deleting or rewording language when retyping the form; the Clerk's page says all language and required information must be preserved.
- Leaving the notary block incomplete: signature and seal, printed name, state of appointment, notary or bar number and commission expiration.
- Expecting Clerk of Court employees to help complete the form; they are prohibited from giving legal advice or assistance.
Frequently asked questions
What is the Release of Inferior Liens Pursuant to Judicial Sale (La. R.S. 13:4368)?
It is an affidavit, printed as "Affidavit and Authorization to Partially Cancel Mortgage, Lien, or Privilege," in which a seizing creditor authorizes the Jefferson Parish Clerk of Court to partially cancel an inferior mortgage, lien or privilege after a judicial sale.
Is this a Jefferson Parish property tax form?
No. The form does not mention tax bills or tax payments. It is a notarized affidavit asking the Clerk of Court to partially cancel an inferior mortgage, lien or privilege after a judicial sale, and it is listed with the Clerk's mortgage release forms.
Who signs the affidavit?
The affiant signs: either the seizing creditor's representative (with title, as its duly authorized agent) or the attorney of record. The affidavit must be sworn before a notary, and the Clerk's page says cancellations must also be signed by two witnesses of lawful age.
What do I have to attach to this release?
Attach a copy of the written notice of seizure given to the inferior creditor and evidence that it was delivered. The Clerk's forms page also says a Request to Cancel Inscription(s) form must accompany all cancellation documents.
Is there a fee to file it?
Yes. The Clerk's forms page says documents must be submitted with the appropriate fees and sends you to the Fees page of its website for the charges. The amount is not printed on the form.
Can I fill out this form online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file it with the Clerk of Court; you submit it through the Clerk's channels.
Can the Clerk's office help me complete it?
No. The Clerk of Court says its forms are samples intended for qualified notaries or attorneys, and its employees are prohibited from giving legal advice or assistance with completing any form.
Can I retype the form?
Yes, the Clerk's page says mortgage and conveyance forms may be retyped for specific circumstances, but all language and required information must be preserved.
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