Security and Pledge – Effect between the parties and upon third parties for pledges affecting immovables

Security and Pledge – Effect between the parties and upon third parties for pledges affecting immovables

Art. 3346. Place of recordation; duty of the recorder. A. An instrument creating, establishing, or relating to a mortgage or privilege over an immovable, or the pledge of the lessor’s rights in the lease of an immovable and its rents, is recorded in the mortgage records of the parish in which the immovable is located. All other instruments are recorded in the conveyance records of that parish.

B. The recorder shall maintain in the manner prescribed by law all instruments that are recorded with him.

Art. 3169. Effectiveness against third persons. The pledge of the lessor’s rights in the lease of an immovable and its rents is without effect as to third persons unless the contract establishing the pledge is recorded in the manner prescribed by law. Nevertheless, the pledge is effective as to the lessee from the time that he is given written notice of the pledge, regardless of whether the contract establishing the pledge has been recorded.