Louisiana has a mandatory title search requirement in the insurance code which sets a minimum limit for the search period for sales and refinances before a policy of insurance can be issued. There is also a statute in the insurance code requiring a statement in, or an addendum to, the act of sale and/or act of mortgage which discloses the name of the title insurance underwriter and the Louisiana licensed attorney who performed the title search forming the basis for the issuance of the policy. The law also provides for the minimum content of the title opinion. There is a caveat in the insurance code statute that there no attorney-client relationship is created between the insured and the attorney who performed the title exam. However, courts usually find that the attorney, who is in most cases is also the notary before whom the act is executed and who performed the title exam, is liable for title claims of the buyer unless there is an express disclaimer contained in the act reciting that the notary was not requested by the parties to examine title, and further stating that in fact he/she did not perform an examination of title. The attorney's liability is limited to one year from the date of discovery of the title defect but no more than three years from the date of the act giving rise to the claim (ie the execution of the act of sale).
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