Often overlooked: the “definitions” section of the statute.

by Chris on March 6, 2012

Perhaps this is common, but I often find myself referring to the “definitions” section of Title 47. It is invaluable in that it indicates the information necessary for practicing tax sale law. But it also contemplates factual scenarios, and gives them legal determinations. For instance, the statute defines “duly notified” as meeting certain requirements, including the requirement of due process. Even more importantly, it extends the classification of “duly notified” to a defendant that has been served with the tax sale confirmation law suit.

This is extremely important, since the former law was unclear. Specifically, the pre-2009 nightmare of Dane Investments would not be an issue since this statute expresses that post sale notice via the lawsuit is sufficient notice. This means that under the new law the time period for filing a suit to annul begins to run from the date the defendant is served with the lawsuit. Keep in mind, although the law is changed it is merely a codification of the Louisiana Constitution provisions on annulments.

Since the definitions section is quite involved, there will likely be future posts on this topic. Ultimately, it is understanding the definitions section that enables a lawyer of what to look for when examining the abstract for property.

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