Deed of Trust (Mortgage Alternative) - Louisiana

DEED OF TRUST

(Louisiana Conventional Mortgage)

State of Louisiana

WHEN RECORDED RETURN TO:
[NAME]
[ADDRESS]
[CITY, STATE ZIP]

Date: [DATE]
Instrument Number: _________________ (Clerk of Court's Use)
Property Address: [PROPERTY ADDRESS, CITY, LA ZIP]
Parcel ID: [PARCEL ID]

IMPORTANT NOTICE - EXECUTORY PROCESS STATE

This URL-preserved form operates as a Louisiana conventional mortgage, not as a conveyance to a private foreclosure trustee. Louisiana executory proceedings enforce a qualifying mortgage through a court petition and a court-ordered writ of seizure and sale, without previous citation and judgment. If the instrument or proof does not qualify for that route, counsel must select the applicable ordinary judicial process.

DEED OF TRUST (MORTGAGE)

THIS DEED OF TRUST (LOUISIANA CONVENTIONAL MORTGAGE) is made this [DAY] day of [MONTH], [YEAR], by and between:

MORTGAGOR (Borrower):
[MORTGAGOR NAME(S)]
[ADDRESS]
[CITY, STATE ZIP]

MORTGAGEE (Lender):
[MORTGAGEE/LENDER NAME]
[ADDRESS]
[CITY, STATE ZIP]

RECITALS AND GRANT

WHEREAS, Mortgagor is indebted to Mortgagee in the principal sum of [PRINCIPAL AMOUNT] DOLLARS ($[AMOUNT]), as evidenced by a Promissory Note of even date herewith (the "Note");

NOW, THEREFORE, Mortgagor establishes in favor of Mortgagee a conventional mortgage over the following described real property situated in [PARISH] Parish, Louisiana, to secure performance of the obligations identified below:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE

Property Address: [PROPERTY ADDRESS], [CITY], Louisiana [ZIP CODE]

TOGETHER WITH all buildings, improvements, and fixtures now or hereafter placed thereon; all easements, rights, appurtenances, rents, royalties, and profits.

CONFESSION OF JUDGMENT

IMPORTANT FOR EXECUTORY PROCESS: Mortgagor acknowledges the obligation secured by this Mortgage and confesses judgment if the obligation is not paid at maturity. Eligibility for executory process also depends on authentic form, the evidence submitted with the petition, and every other current statutory and instrument-specific requirement.

ARTICLE I - OBLIGATIONS SECURED

This Mortgage secures to Mortgagee:
(a) The repayment of the debt evidenced by the Note, with interest, and all renewals, extensions, and modifications;
(b) The payment of all other sums, with interest, advanced under this Deed of Trust;
(c) The performance of Mortgagor's covenants and agreements under this Mortgage and the Note.

ARTICLE II - COVENANTS OF MORTGAGOR

Mortgagor covenants and agrees as follows:

2.1 Payment. Mortgagor shall pay when due the principal and interest on the debt evidenced by the Note and all other sums secured hereby.

2.2 Insurance. Mortgagor shall keep the improvements insured against loss by fire and other hazards, with Mortgagee named as loss payee.

2.3 Taxes and Assessments. Mortgagor shall pay before delinquency all taxes, assessments, and charges against the Mortgaged Property.

2.4 Maintenance. Mortgagor shall maintain the Mortgaged Property in good condition and repair and shall not commit or permit waste.

2.5 Defense of Title. Mortgagor shall defend title against all claims.

2.6 Compliance with Laws. Mortgagor shall comply with all laws, ordinances, and regulations affecting the Mortgaged Property.

ARTICLE III - DEFAULT AND FORECLOSURE

3.1 Events of Default. The following shall constitute Events of Default:
(a) Failure to make any payment when due under the Note or this Deed of Trust;
(b) Breach of any covenant or agreement herein;
(c) Material misrepresentation by Mortgagor;
(d) Transfer of the Mortgaged Property without Mortgagee's prior written consent;
(e) Bankruptcy or insolvency of Mortgagor.

EXECUTORY PROCESS (La. C.C.P. Art. 2631 et seq.)

3.2 Executory Process Requirements. A plaintiff seeking executory process must file a petition for seizure and sale and submit the authentic evidence required by La. C.C.P. art. 2635. For an immovable-property mortgage, that provision identifies authentic evidence of the obligation and an authentic act of mortgage importing a confession of judgment. Counsel must confirm the evidence and every exception applicable to the particular obligation and instrument.

3.3 Executory Process Procedure (La. C.C.P. arts. 2634, 2638, and 2721). The plaintiff files a petition praying for seizure and sale and submits the Article 2635 exhibits. If the plaintiff is entitled to relief, the court orders issuance of a writ of seizure and sale. The sheriff then seizes the property upon receiving the writ and serves the defendant with written notice of the seizure. This form does not supply a universal three-day pre-writ demand period.

3.4 Appraisal Election. Appraisal is required unless it has been waived in the mortgage, the plaintiff prays for sale without appraisal, and the writ order directs sale as prayed for. When appraisal has not been waived, Article 2336 applies and the property generally may not be sold at the first offering for less than two-thirds (2/3) of its appraised value.

ORDINARY PROCESS

3.5 Ordinary Process (Judicial Foreclosure). If executory-process requirements cannot be met, Mortgagee must use the applicable ordinary judicial process or another route authorized by current law.

3.6 Deficiency Judgment. This form makes no deficiency election and states no entitlement to a deficiency. Louisiana counsel must determine the available procedure and conditions from the appraisal election, the transaction, the judgment and sale record, and current law.

ARTICLE IV - RELEASE

4.1 Cancellation. Upon payment of all sums secured hereby, Mortgagee shall execute a Cancellation of Mortgage suitable for recording.

4.2 Recording. The cancellation shall be recorded with the Clerk of Court in the parish where the Mortgaged Property is located.

ARTICLE V - RECORDING REQUIREMENTS

5.1 Recording. This Deed of Trust shall be recorded with the Clerk of Court of [PARISH] Parish, Louisiana, in the Mortgage Records.

5.2 Mortgage Certificate. A mortgage certificate shall be obtained as required by Louisiana law.

ARTICLE VI - MISCELLANEOUS PROVISIONS

6.1 Governing Law. This Deed of Trust shall be governed by Louisiana law.

6.2 Successors and Assigns. This Deed of Trust binds and benefits the heirs, executors, administrators, successors, and assigns of the parties.

6.3 Severability. If any provision is held invalid, all other provisions remain in full force.

6.4 Notices. All notices shall be in writing and sent to the addresses set forth above.

6.5 Entire Agreement. This Deed of Trust and the Note constitute the entire agreement of the parties.

ARTICLE VII - RIDERS AND ADDENDA

The following riders are attached hereto and incorporated herein:

☐ Adjustable Rate Rider
☐ Condominium Rider
☐ Planned Unit Development Rider
☐ Second Home Rider
☐ 1-4 Family Rider
☐ Other: [SPECIFY]

SIGNATURE PAGE

IN WITNESS WHEREOF, Mortgagor has executed this Mortgage as of the date first written above.

MORTGAGOR(S):

_______________________________
[MORTGAGOR NAME]
Date: _________________________

_______________________________
[MORTGAGOR NAME]
Date: _________________________

ACKNOWLEDGMENT (AUTHENTIC ACT)

STATE OF LOUISIANA
PARISH OF [PARISH]

BE IT KNOWN, that on this _____ day of ______________, 20___, before me, the undersigned Notary Public, duly commissioned and qualified in and for the Parish and State aforesaid, and in the presence of the undersigned competent witnesses, personally came and appeared:

[MORTGAGOR NAME(S)]

who declared that he/she/they executed the foregoing instrument and acknowledged the same to be his/her/their free act and deed for the purposes therein expressed.

WITNESSES:

_______________________________
Printed Name: __________________

_______________________________
Printed Name: __________________

_______________________________
Notary Public
Printed Name: __________________
Notary ID/Bar Roll Number: _______
My Commission Expires: ___________

[NOTARY SEAL]

EXHIBIT A

LEGAL DESCRIPTION

The land referred to herein is situated in [PARISH] Parish, State of Louisiana, and is described as follows:

[INSERT COMPLETE LEGAL DESCRIPTION]

Parcel ID: [NUMBER]

This document prepared by:
[PREPARER NAME]
[ADDRESS]
[PHONE]
[EMAIL]