La. Admin. Code tit. 43 § XXVII-3301

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXVII-3301 - Sales through Real Estate Brokerage Firms

A. Any person and/or firm listed as a qualified and licensed broker by the Louisiana Real Estate Commission may nominate for sale a parcel or parcels of unredeemed property adjudicated to the state for unpaid taxes.

B. The nomination, to be submitted to the State Land Office, Box 44124, Baton Rouge, LA 70804, shall include the following information as certified by the broker:

1. a complete description of the property, the name of the tax debtor, and the year for which taxes were unpaid;

2. he/she completed or caused to be completed a thorough review of the records of the assessor's office of the parish where the property is located, and there are no dual assessments affecting the property. In the event the records reveal a dual assessment, the broker will furnish the name or names of the parties listed as owners;

3. he/she completed or caused to be completed a thorough search of the conveyance records of the parish where the property is located, and there are no transactions of record which resulted in alienation of the property;

4. current information regarding the owners of the property, and the last known addresses on file with the assessor's office;

5. a list of the names and mailing addresses of all holders of encumbrances recorded against the property.

C. The State Land Office will evaluate information submitted by the broker in order to determine the appropriateness of a sale.

D. In the event the State Land Office concludes that the best interests of the state would be served by redemption of the property, it will notify the broker, and commence efforts to locate parties with interest to redeem the property.

E. If no one with an interest initiates redemption proceedings within 35 days of the mailing of notification pursuant to §3301. B 4, the State Land Office will inform the broker that a sale is appropriate.

F. In addition to the requirements set forth in R.S. 47:2189, the broker also shall submit an appraisal, along with an on-site inspection.

G. Nothing herein shall prevent the State Land Office from conducting a second appraisal, where deemed appropriate by the department. In all instances, the State Land Office may use whichever appraisal it considers acceptable in arriving at the minimum price for the property.

H. Whenever practicable, the minimum price shall be sufficient to satisfy all taxes and other costs associated with the sale which must be paid pursuant to R.S. 47:2190.

I. The broker's commission, established by R.S. 47:2189.1 as a cost of the sale, shall be 6 percent of the amount received by the state treasurer pursuant to R.S. 47:2189.1.

J. The State Land Office shall provide the state treasurer with the broker's name, address and vendor's number, and the state treasurer shall remit the commission to the broker.

La. Admin. Code tit. 43, § XXVII-3301

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 13:501 (September 1987), repealed and repromulgated by the Office of the Governor, Division of Administration, State Land Office, LR 19:495 (April 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 47:2189.1.