Title Attorney in New Roads, Pointe Coupee Parish

Title Attorney or Title Agent in New Roads, Pointe Coupee, Livonia, Morganza, Louisiana

You need a title attorney plus title insurance in Louisiana for most real estate purchases. Sometimes you don’t! Title insurance is not required for cash sales. If you need a bank to provide financing, though, you will very likely require title insurance. Banks nearly always require title insurance. Ah, banks …

Some definitions to get us started:

  • Title Agent or Title Attorney – This is the attorney who will go through the public records at the Clerk of Court, in which the property is located, to make sure the property’s title is good, i.e. there are no “clouds” on the title …
  • Cloud on the Title – This means the title to the property is bad, in short. A title attorney will work to remove any clouds on the title. This will make the title merchantable. Otherwise, you may not actually own what you’re trying to buy — somebody else might! That’s a big problem.
  • Title Insurance – This is an insurance policy, sold by an underwriter and title insurance provider, to insure that the title to the property is good, i.e. no clouds on the title.
  • Title Search or Title Examination – This is the attorney process of examining the public records to prove the ownership of a piece of property. The title attorney usually goes back at least 30 years of title records to make sure that no one else has a claim to the property being examined.
  • The Closing – This is when everybody actually sits down, signs the paperwork, and transacts the property sale. This typically occurs at the Title Attorney’s office, where Scott will walk through the paperwork — disclosures, Act of Sale, Mortgage, etc. — with everybody.

Scott has been a certified title agent and can offer title insurance services, as well. Contact him if you need title attorney, title agent, or title insurance assistance in New Roads, Livonia, Morganza and the cities of Pointe Coupee and surrounding parishes:

Scott L. Smith, Jr. – Attorney at Law

  • 2006 False River Drive, New Roads, LA 70760
  • 717 Highlandia Drive, Suite 201, Baton Rouge, LA 70810

Call Scott at 225-718-5334 or email him at scott@smithlawfirmla.com

Here’s the basic title process

A Title Attorney conducts a thorough Title Search in the public records of the given parish. The attorney typically checks the records going back 30+ years. The title attorney will legally clear any Clouds on the Title, e.g. property defects or liens. The title attorney then issues a Title Opinion. Louisiana state law requires an attorney to write a title opinion before any title insurance policy can be issued.

Next, the Title Insurance Agency will review the attorney’s title work and, hopefully, issue Title Insurance. Banks typically require title insurance before issuing payment due from a mortgage or other financing options.

Finally, assuming all goes well, the Closing takes place. The Title Attorney also drafts the Act of Sale and handles the Closing process.

Scott has been a certified title agent and can offer title insurance services, as well. Contact him if you need title attorney, title agent, or title insurance assistance in New Roads, Livonia, Morganza and the cities of Pointe Coupee and surrounding parishes:

Scott L. Smith, Jr. – Attorney at Law

  • 2006 False River Drive, New Roads, LA 70760
  • 717 Highlandia Drive, Suite 201, Baton Rouge, LA 70810

Call Scott at 225-718-5334 or email him at scott@smithlawfirmla.com

Why Do You Need a Title Attorney in Louisiana?

You primarily need a title attorney or title insurance in Louisiana for the following specific situations:

  • Real Estate Purchases and Refinances: An attorney searches parish conveyance records to ensure the seller legally owns the property and that there are no hidden judgments, tax liens, or unpaid mortgages. They then draft the legal documents (like the Act of Sale) to transfer the property correctly.
  • Inherited Property & “Succession”: If a property owner dies, Louisiana law requires a court-supervised process called a succession (probate) to legally transfer the home to the heirs. A title attorney can handle the succession and obtain the Judgment of Possession, which is required before a title company will insure the home for sale. Scott can also help you with all your Succession and Probate needs, as well.
  • Clearing Title Defects: If there are gaps in the ownership history, unreleased mortgages from decades ago, or boundary disputes, a title attorney performs “curative work” (such as drafting affidavits or clearing up conflicting titles) to make the property marketable.

Contact Me With Your Title Attorney, Title Agent, or Title Insurance Needs …

Contact Scott at the information below. If you’re dealing with a specific property, tell him the following:

  • Is this for an upcoming home purchase, a refinance, or selling an inherited property?
  • Which parish is the property located in?

Scott can give you more specific details or help you find the right resources.

Scott L. Smith, Jr. – Attorney at Law

  • 2006 False River Drive, New Roads, LA 70760
  • 717 Highlandia Drive, Suite 201, Baton Rouge, LA 70810

Call Scott at 225-718-5334 or email him at scott@smithlawfirmla.com

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