Liens and Judgments that are recorded in the Land Records Division of the Clerk of Court of Orleans Parish are indexed under the names of the parties. They act as clouds on the titles of real estate owned by the parties cast in judgment. Fortunately, there are several ways to cancel them.
Note: Formally, the Land Records Division of Orleans Parish was divided between the Notarial Archives, the Mortgage and the Conveyance offices. Now, all documents in Orleans Parish are filed once, in one place, making Orleans conform to the practices of other Louisianan parishes.
Here are the major ways to cancel a Judgment:
1. Consent of the parties – usually upon payment or settlement of the Judgment balance.
2. Prescription – the effect of recordation ceases 10 years from the date of the Judgment,
unless it is re-inscribed..
3. Order of a Bankruptcy Court – upon motion and hearing the Bankruptcy Court may order the cancellation for a debtor’s lack of equity in the property.
4. Erasure by State Court – usually by a Mandamus proceeding for the failure of the
Clerk to take action.
Here are the major ways to cancel a Mechanics’ Lien:
1. Release by the Lien Filer.
2. Order of the Court in Suit to Compel Release.
3. Prescription if more than a year has passed and no lis pendes (notice of suit) has been filed in Land Records.
Here are the major ways to cancel City Code Enforcement Liens:
1. Consent of the parties – upon payment of the fine, penalty and costs or settlement..
2. Order of the Court – after filing a timely appeal in a lawsuit.
Here is the way to cancel a Federal IRS Lien:
1. Consent of the IRS after notification of prescription or payment.