Conveyance and Mortgage of Immovables – Paraph

Conveyance and Mortgage of Immovables – Paraph

C.C. art. 3325. Paraph of notes or written obligations secured by a mortgage, privilege, or other encumbrance. A. Except as provided in Paragraph B of this Article, a note or other written obligation which is secured by an act of mortgage, or an act evidencing a privilege or other encumbrance, need not be paraphed for identification with such mortgage, privilege, or other encumbrance, and need not recite that it is secured by such mortgage, privilege, or other encumbrance.

B. A notary before whom is passed an act of mortgage, or an act evidencing a privilege or other encumbrance that secures a note or other written obligation, shall paraph the obligation for identification with his act if the obligation is presented to him for that purpose. The paraph shall state the date of the act and shall be signed by the notary. The notary shall also mention in his act that he has paraphed the obligation. Failure to do so shall render the paraph ineffective. The paraph is prima fade evidence that the paraphed obligation is the one described in the act.

Revision comments – 1992. (a) This Article restates the former provisions of law relative to the notary’s paraph and also makes a change in the law. It does not prescribe a particular form for the paraph, which through long practice in the state is an inscription beginning “Ne Varietur.” Any reference on the instrument, signed by the notary, and evidencing that it is to be identified with a particular act of a certain date of the notary will suffice.

(b) R.S. 9:5555 and 9:5556 provide for proof in executory proceedings of obligations not paraphed for identification with the mortgage, and for the manner of dealing with the mortgagee of record in such cases. A mortgage may secure obligations that are not in writing. It may secure future obligations of indefinite terms, It need not describe the terms of the obligations, nor must it be in authentic form. In all of these cases it would be impractical, if not impossible to require the paraph of a notary. This Article permits the paraph in those cases where the parties desire to continue prior practice – which is unaffected by this revision. Persons who take notes or other written obligations secured by a mortgage, but who prefer to be regulated by R.S. 9:5555 and 5556, may do so simply by directing the notary not to paraph the instrument. The failure of the notary to mention the paraph in his instrument renders the paraph ineffective and therefore makes those Sections applicable even if the note or instrument itself erroneously is paraphed.