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Fill and Sign the Letter Title Opinion Form

Fill and Sign the Letter Title Opinion Form

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______ ___ , 20 ___ _____________ _____________ _____________ ______ , LA ______ _____________ _____________ _____________ ______ , LA ______ _____________ _____________ ______ , LA ______ RE: Title Opinion Lot ___ , Section ___ , Township ___ South, Range ___ East, ______ Parish Dear Gentlemen and Ladies: Pursuant to your request, I have performed an extensive search of the conveyance and mortgage records of ______ Parish, Louisiana, and have also made telephone requests in ______ , ______ and ______ Parishes concerning title to the above- captioned property. After reviewing these records, I regret to say that I am at this time unable to certify valid merchantable title in ______ for the following reasons. In order to be as clear and succinct as possible, I will explain my reasons in three separate divisions. Initially, you must know that this property is a portion of a larger tract of land containing ______ arpents originally acquired by _____________ . _____________ allegedly had ______ ( ___ ) children, namely, _____________ , _____________ and _____________ . Although there are no deeds recorded in ______ Parish translative of title to _____________ , I have pieced this together by a translation of the documents that I have been able to assemble. In addition, there is no succession nor any affidavits formally identifying the heirs of _____________ . DIVISION 1: _____________ The property acquired by _____________ from her father, _____________ (an undivided l/3 interest), was purchased by _____________ in three separate transactions in ______ and ______ . (See attached Exhibits l, 2 and 3). Thereafter, in ______ , a _____________ acquired this same one-third undivided interest from the Succession of _____________ at a Sheriff's Sale held in ______ Parish (Exhibit 4). This undivided interest was later transferred to _____________ , who thereafter transferred it to _____________ (Exhibits 5 and 6). Thereafter, in the Succession of _____________ and his wife, _____________ , this undivided one-third interest was transferred to their heirs (Exhibit 7). Subsequent thereto, _____________ acquired from his siblings their interest in this property (Exhibits 8, 9, l0 and ll). It must be noted that _____________ has thus acquired an undivided one-third interest in and to a ______ arpent tract located in Section ___ , Township ___ South, Range ___ East. DIVISION II: _____________ _____________ sold his interest in the property acquired from _____________ to _____________ in ______ . The description in this sale indicates that he is selling his interest in ______ arpents in Section ___ , Township ___ South, Range ___ East, acquired from his father (see Exhibit l2). The description also shows that this property is bounded by _____________ , his brother and sister, thereby convincing me that this is the same ______ arpent tract discussed in Division I. Thereafter, _____________ acquires this same property from the heirs of _____________ . Note that the description indicates that this property is bordered on the South by _____________ , which supports my finding that this is a portion of the same property discussed in Division I (Exhibit l3). It must be noted that _____________ , in this writer's opinion, has now acquired an undivided two-thirds interest in this ______ arpent tract of land. DIVISION III: _____________ In ______ , the heirs of _____________ partitioned a ______ arpent tract of land that was bounded Southerly by Freddie Duplechin. This tract of land is the remaining one-third interest acquired by the heirs of _____________ (Exhibit l4). In addition, in ______ , the heirs of _____________ caused to be filed of record an Affidavit of Death, Domicile and Heirship showing the descendants of _____________ (Exhibit l5). In ______ , _____________ and _____________ sold a tract of land in Section ___ , Township ___ South, Range ___ East, containing ___ acres more or less, to _____________ and _____________ (Exhibit l6). If you review the property description contained in Exhibit l6 and compare it with the plat attached to Exhibit l4, I think that you will conclude as I have that this is the property acquired by _____________ as explained in Divisions I and II. After having provided you with this history of the property, I want to advise you of the problem areas in this chain of title. First and foremost, there is no Succession of _____________ filed in ______ , ______ , ______ , nor ______ Parishes. Second, I can find no deed or document wherein _____________ acquired this property. It would seem that all parties involved with this property have over the years acknowledged that this property was owned by _____________ . Third, there is no partition by the heirs of _____________ placing them in possession of a particular one-third interest in this property. I would surmise that these heirs informally partitioned the property without the benefit of a formal partition that would have been recorded in the Clerk of Court's records. Fourth, there is no Succession of _____________ , daughter of _____________ , whose one-third interest was discussed in Division I. I cannot conclude that _____________ purchased from all the heirs of _____________ . Fifth, there is no partition of the property between _____________ and the heirs of _____________ , although it seems that all parties involved acknowledged the particular ownership interests of each. This writer cannot assume this fact, however, but because of the documents contained in this chain of title, I feel reasonably certain that this is what occurred. After discussing these problems, I might suggest that if an affidavit can be obtained from the Heirs of _____________ affirming or acknowledging that _____________ does own and did possess the property discussed in Divisions I and II, this may alleviate some concerns that I have. In addition, it is possible that _____________ and his successors or assigns may have acquired this property by ten (l0) or thirty (30) year acquisitive prescription, but this writer cannot definitely say one way or the other. I must also advise _____________ that if his Bank approves this loan there are two (2) mortgages currently affecting this property, namely: (l) That certain Credit Sale from _____________ , et ux, to _____________ , et ux, and (2) That certain Collateral Mortgage by _____________ , et ux, to _____________ . These mortgages must be cancelled for _____________ to have a valid first mortgage. If I can be of any further assistance, please do not hesitate to contact my office. Cordially, _____________ Enclosures

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