RS 9:2741 Establishing authenticity - Louisiana Statutes

§2741.  Establishing authenticity

A.  Any interested person may bring an action to:

(1)  Establish that a document is an original instrument or that it is a duplicate of an original instrument; or

(2)  Obtain the cancellation of a document from the records because it does not bear an original signature and it is not a duplicate of an original instrument.

B.  A party who asserts that a recorded document is not an original or a duplicate of an instrument bears the burden of proof.

C.(1)  If the court determines that a recorded document is an original instrument or a duplicate of such an instrument, it shall enter a judgment to that effect.

(2)  In all other cases, the court shall declare the recordation is without effect and order it cancelled from the records.

Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Redesignated from R.S. 44:113 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.