Get Help
If you live in a low- or moderate-income household and have property with unclear title in New Orleans, call Southeast Louisiana Legal Services at (504) 529-1000 to set an appointment for eligibility screening or click here. We will determine whether you are eligible for free legal assistance. If you qualify, we will assign an attorney to your case to help you clear title to your home.
The Issue
Almost six years after Hurricane Katrina, many homeowners in New Orleans have not been able to make necessary repairs and return to their homes because they do not have clear title to their land. Many of these homeowners live in family homes, which are often passed down informally and outside of the legal system. Without clear ownership, homeowners are unable to access the recovery grants and loans required to repair and eventually return to their homes. It is not only individuals, but entire neighborhoods, that are affected by the presence of these blighted and unoccupied homes.
Mission
Through this joint project, the partner organizations coordinate their work to provide pro bono (free) legal assistance and education to aid homeowners in resolving title issues. The partners will also advocate to reform policy at the state and local levels in an effort to remove barriers to clearing title, preserving homes, and restoring neighborhoods.
What Does “Clear Title” Mean?
Third parties, such as banks, mortgage companies, insurance companies, and potential buyers of property in Orleans Parish rely on the records of the Orleans Parish Conveyance Office to tell them who is the owner of a certain piece of property. Whenever a piece of property is transferred in any way, the proper legal documents must be recorded with the Conveyance Office. If the records in the Conveyance Office are out of date, then the title is “unclear.”
Other problems with clear title can also arise if the property is sold by the city for unpaid property taxes, if the city puts a lien on the property for blight, or if a creditor gets a judgment against an owner of the property. In order to make productive use of your property by repairing it, building on it, selling it, mortgaging it, or leasing it, you must legally show “clear title.” This process can be complicated and often requires the assistance of a lawyer.
What is “Heir Property”?
“Heir property” is a term for property that the current owners have inherited from a deceased family member, or which has been passed through a will, and the proper legal documents have not been filed to show this transfer. Although the family members may have the right to live in the property, they will not be able to make productive use of the property until a legal transfer of the property is completed.
The transfer of property from a deceased person is called a “succession.” The proper succession documents must be recorded in the Conveyance Office records for a title to be clear. Some successions must first be filed in court, while others can be done by simply recording an Affidavit with the Conveyance Office. Again, it usually requires the help of an attorney to complete a succession.
The Partners
Save New Orleans Homes is a joint project funded by the Greater New Orleans Foundation. Southeast Louisiana Legal Services (SLLS), The Pro Bono Project (PBP), Louisiana Appleseed, and the Lawyers’ Committee for Civil Rights Under Law are channeling their pro bono resources and expertise in heir property and title issues in order to assist homeowners. SLLS and PBP are local legal aid organizations that have helped thousands of Orleans Parish residents cure title problems for many years. Louisiana Appleseed conducts research and advocacy to support laws that enable homeowners to secure title to their homes. Through their attorney volunteers and staff, Louisiana Appleseed educates community members on issues surrounding heir property and clear title. The Lawyers’ Committee provides education and legal assistance on the issue of title clearing throughout the country.
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