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      RS 47:2275     

  

§2275.  Notice

A.(1)  After filing the petition, the petitioner shall send a written notice to all tax sale parties whose interest the petitioner intends to be terminated containing the information set forth in the form provided in Subsection B of this Section.  The written notice shall provide that the parties have until the later of the following to show cause why grounds exist for a nullity under this Chapter:

(a)  Six months after the first publication of the notice provided in R.S. 47:2276, if the proceeding is brought less than five years after filing the tax sale certificate.

(b)  Sixty days after the first publication of the notice provided in R.S. 47:2276, if the proceeding is brought five years or more after the filing of the tax sale certificate.

(2)  If the notice is sent after the expiration of the redemptive period, this notice shall constitute a notice of sale.  The sending of this notice shall constitute service of the notice of sale, under Article VII, Section 25 of the Louisiana Constitution.

B.  This written notice shall be sufficient, and it shall not be necessary to determine whether any notice of tax sale or other notices were given.  The written notice shall be sufficient if it is in the following form:

"This is an important legal notice.

Please read it carefully.  You will receive no further notice.

[Date]

[Name]

[Address]

[City], [ST]  [Zip]

RE:

Property:

[PropertyAddress]

[Description of Property Abbr]

Parish of ________________________, State of Louisiana

You have been identified as a person who may have an interest in the above described property.

Your rights or interest in the property will be terminated if you do not take action.

A lawsuit known as a Petition for Monition pursuant to  R.S. 47:2271 et seq. has been filed affecting the referenced property (the "property") in the proceeding entitled In Re [name of petitioner] under docket number [docket no.] of the [name of court], Parish of_______________________, State of Louisiana (the "monition proceeding") by [name of petitioner], which purchased the property pursuant to [name of act] and recorded as [recordation information] of the official records of ______________________ Parish, Louisiana.  The monition has been published on [date of first publication] (the "publication") in the official journal(s) of ______________________ Parish, including [list name(s) of official journal].

If you do not file an opposition in the Monition Proceeding or file an action for a nullity under Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950, within [60 days] [6 months] of the publication date stated above, your interest in the property listed above will be terminated."

Acts 2008, No. 819, §1, eff. Jan. 1, 2009.



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