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      RS 47:2156     

  

            NOTE: §2156 eff. until Jan. 1, 2026, upon ratification of the const. amend. proposed by Acts 2024, No. 409.

§2156. Post-sale notice

            A. Within the applicable redemptive period, the tax sale purchaser may send a written notice to any or all tax sale parties notifying the parties of the sale. The notice shall provide full and accurate information necessary to contact the tax sale purchaser, including the name, physical address, and telephone number of the purchaser. It shall be accompanied by a copy of the tax sale certificate received by the tax sale purchaser under the provisions of this Part and copies of the documents that the purchaser received with that sale. The notice shall inform the tax sale parties that the failure to redeem the property prior to the expiration of the applicable redemptive period will terminate the right to redeem the property, and the purchaser will have the right to seek confirmation of the tax title and take actual possession of the property. The notice shall be sufficient if it is in the form set forth in Subsection B of this Section.

            B.(1)(a) For each property for which tax sale title was sold at tax sale to a tax sale purchaser, each collector shall within thirty days of the filing of the tax sale certificate, or as soon as practical thereafter, provide written notice to the following persons that tax sale title to the property has been sold at tax sale. The notice shall be sent by postage prepaid United States mail to each tax notice party and each tax sale party whose interest would be shown on a thirty-year mortgage certificate in the name of the tax debtor and whose interest was filed prior to the filing of the tax sale certificate.

            (b) For each property which tax sale title was sold at tax sale to a tax sale purchaser, the tax collector shall within ninety days of the expiration of the redemptive period provide written notice to each tax notice party that tax sale title to the property has been sold at tax sale. The notice shall be sent by first class mail. The notice shall be sufficient if it is in the form set forth in Paragraph (2) of this Subsection.

            (2) The notice shall specify the property upon which the taxes are delinquent, the amount of taxes due, and the manner in which the property shall be redeemed and shall be sufficient if in the following form:

"[Date]

[Name Tax Debtor]

RE:Property No. _________

Ward ___ Section No. ____ Assessment No. _________

Subd. ________________________ Lot _________

            Dear Sir/Madam,

            This is an important notice. Please read it carefully. We are writing to inform you that the property taxes for the above noted property were not paid, and tax sale title to the property was sold to a tax sale purchaser for delinquent taxes for the year(s) _______. You may redeem this property within three years [or other applicable redemptive period] from __________________ by paying to the [name of tax collector] the following amount due stated in or enclosed with this document. The redemptive period will expire _______. Under some circumstances, the third party buyer may be entitled to take actual possession and full ownership of the property after this time.

            After the expiration of the redemptive period the property cannot be redeemed. Continued possession of the property does not extend the redemptive period.

            Please contact the [name of tax collector] if you believe that you received this notice in error, have sold or transferred this property, or for further information and assistance.

            [Tax collectors or name of political subdivision/ name of tax sale purchasers]

            This notice concerns only the property described in the "regarding" portion of this letter; the address of that property may or may not be the same as the mailing address of this notice. Please contact our office if you feel that you received this notice in error. The taxes are now assessed in the name of the tax sale purchaser, but will continue to be due as in the past.

            [Enclose or list the amount of statutory impositions due]"

            C.(1) For each property adjudicated to a political subdivision at a tax sale, each collector shall, within thirty days of filing of the tax sale certificate, or as soon as practical thereafter, provide written notice to the following persons that tax sale title to the property has been sold at tax sale. The notice shall be sent by postage prepaid United States mail to each tax notice party and each tax sale party whose interest would be shown on a thirty-year mortgage certificate in the name of the tax debtor and whose interest was filed prior to the filing of the tax sale certificate.

            (2) The notice shall specify the property upon which the taxes are delinquent, the amount of taxes due, and the manner in which the property shall be redeemed and shall be sufficient if in the following form:

"[Date]

[Name of Tax Debtor]

RE:Property No. _________

Ward ___ Section No. ____ Assessment No. _________

Subd. ________________________ Lot _________

            Dear Sir/Madam,

            This is an important notice. Please read it carefully. We are writing to inform you that the property taxes for the above noted property were not paid, and tax sale title to the property was sold to [name of political subdivision] for delinquent taxes for the year(s) _______. You may redeem this property within three years [or other applicable redemptive period] from __________________ by paying to the [name of tax collector] the amount due stated in or enclosed with this document. The redemptive period will expire _______. Under some circumstances, the [name of political subdivision] may be entitled to take actual possession and full ownership of the property or otherwise sell a full ownership interest in the property. After the expiration of the redemptive period, your rights to redeem may be limited. Continued possession of the property does not extend the redemptive period.

            Please contact the [name of tax collector] if you believe that you received this notice in error, have sold or transferred this property, or for further information and assistance.

            [Tax collectors or name of political subdivision / name of tax sale purchasers]

            Payment shall be made with cashier's check or money order.

            This notice concerns only the property described in the "regarding" portion of this letter; the address of that property may or may not be the same as the mailing address of this notice. Please contact our office if you feel that you received this notice in error. The taxes are now assessed in the name of the tax sale purchaser, but will continue to be due as in the past.

            [Enclose or list the amount of statutory impositions due.]"

            D. If the tax sale party is deceased, the notice to a tax sale party provided for pursuant to this Section shall be sufficient if made to the succession representative, if applicable, or to a curator as provided by Code of Civil Procedure Article 5091.

            NOTE: §2156 eff. Jan. 1, 2026, upon ratification of the const. amend. proposed by Acts 2024, No. 409.

§2156. Post-tax-lien-auction notice

            A. The tax lien certificate holder shall use reasonable diligence to determine the name and current address of each tax auction party whose interest will be terminated by an action brought pursuant to the provisions of R.S. 47:2266.1.

            B. No more than three hundred sixty-five days but no fewer than one hundred eighty days before bringing an action pursuant to R.S. 47:2266.1, the certificate holder shall send notice to each tax auction party discovered pursuant to Subsection A of this Section. If the tax auction party is a mortgage holder, notice shall be provided by certified or registered mail or commercial courier, as defined in Code of Civil Procedure Article 1313.

            C. The notice required pursuant to Subsection B of this Section shall be sufficient if in the following or a substantially similar form:

            "[Date]

            [Name Tax Debtor]

RE:Property No. _________

Ward ___ Section No. ____ Assessment No. _________

Subbed. ________________________ Lot _________"

THIS IS AN IMPORTANT NOTICE. This is to advise you that a tax lien certificate for the above property was issued to _____________________ who paid the tax collector ad valorem taxes, other statutory impositions, and costs due and owing for the year(s) ______________.

Research indicates that you may have an ownership interest in, or mortgage, lien, privilege, or other interest in, the property described above. Sender intends to bring an action to enforce its rights as a certificate holder that may result in the seizure and sale of the property including your interest.

The tax lien certificate was issued to the tax lien certificate holder, who by law is entitled to receive payment of the lien on the property. At the expiration of three years from recordation of the tax lien certificate, the tax lien certificate holder may bring an action under ordinary process to recognize the delinquent obligation evidenced by the tax lien. Thereafter, the tax lien certificate holder may seek the seizure and sale of the property described above. The delinquent obligations will include reasonable costs and attorney fees incurred by the tax lien certificate holder, and you will have thirty days to terminate the lien once you are served with the citation and petition in the suit. Thereafter, the tax lien certificate may be terminated only by voluntary action of the tax lien certificate holder or by order of the court.

The tax lien certificate and the debt that it secures may be terminated by delivering the termination payment to the tax collector. As of [insert date no more than 15 days prior to the notice], the termination payment is [insert termination payment] plus the costs and fees incurred by the tax lien certificate holder related to delivery of notice pursuant to R.S. 47:2156, which costs and fees shall not exceed $500. The termination payment will continue to accrue interest until paid in full.

[It is recommended that a schedule of reasonable estimates of termination payments for each of the next six months be included.]

            D. Upon issuance of the notices required by this Section, the tax lien certificate holder shall submit an affidavit of costs and fees to the tax collector attesting to the costs incurred including title research fees, postage, and administrative fees, which shall not exceed five hundred dollars.

            Acts 2008, No. 819, §1, eff. Jan. 1, 2009; Acts 2012, No. 836, §1; Acts 2018, No. 574, §1; Acts 2019, No. 384, §1; Acts 2024, No. 774, §1, see Act.



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