This new law has no effect on the job of a Title Examiner, nothing changes as the law in Louisiana is that title to real property can only be examined by an attorney licensed to practice law in Louisiana, and an opinion of the title can only be given by a Louisiana licensed attorney... that is not a change in the law. In some jurisdictions abstractors are equated with title examiners, not in Louisiana. Abstractors are not currently subject to licensing in Louisiana. Abstractors can not examine title nor can they give an opinion as to the title unless they are a La Lic Atty, as that activity is defined as the practice of law. The recent change, subject of your inquiry, was only to codify that which has been the uncodified, but clearly understood minimum search standard for abstracts, so as to cover most periods of prescription etc. (as set out by the La Bar Assoc Uniform Title Standards Committee of 2001) All title companies, agents etc whether resident or non-resident are prohibited by law from issuing a title commitment, report or policy without first obtaining a written opinion of title from a La Lic Atty; failure to do so can, and has, resulted in significant penalty.
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