Any party to a judicial proceeding who is required by law or court order to provide security may furnish as security a bond secured by immovable property located in this state. The party providing the property bond shall present to a judge of the parish in which the immovable is located an assessment certificate, a homestead exemption waiver if applicable, and a mortgage certificate. Prior to presenting the bond to the court having jurisdiction over the judicial proceeding the bond shall be recorded in the mortgage office of the parish where the immovable is located and the recordation shall be evidenced on the mortgage certificate.
Art. 5121.1.Bond Secured By Immovable Property
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 3. Bonds In Judicial Proceedings · Enacted 1984 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 5121.1 lets a party required to post security in a Louisiana judicial proceeding furnish a bond secured by Louisiana immovable property instead of a traditional surety bond, subject to presenting an assessment certificate, a mortgage certificate, and, where applicable, a homestead exemption waiver, and recording the bond before presenting it to the court.
Full Text of Art. 5121.1
Amendment History
Added by Acts 1984, No. 200, §2, eff. 6/29/1984.
Plain-English Summary
A surety bond is not the only way to satisfy a Louisiana court's security requirement. Article 5121.1 offers an alternative: security backed by immovable property, meaning land or buildings, located within the state, in place of a bond written by an individual or corporate surety.
The article lays out the mechanics for using property this way. The party furnishing the bond presents it to a judge of the parish where the immovable is located, along with an assessment certificate establishing the property's value, a homestead exemption waiver where the property is subject to one, and a mortgage certificate showing what other encumbrances already burden the property. Before the bond ever reaches the court that has jurisdiction over the underlying proceeding, it has to be recorded in the mortgage office of the parish where the property sits, and that recordation has to show up on the mortgage certificate presented to the court.
This recording step matters because it gives the bond real teeth as security. Once recorded, the bond functions like a judicial mortgage against the property, so the interested party has an actual lien to look to if the security later needs to be enforced, rather than relying only on a surety's personal promise to pay.
Frequently Asked Questions
Can Louisiana litigation security be satisfied with real estate instead of a surety bond?
Yes. Article 5121.1 lets a party furnish a bond secured by immovable property located in Louisiana in place of a traditional surety bond.
What documents does a party need to present a property bond under Article 5121.1?
An assessment certificate, a mortgage certificate, and, where applicable, a homestead exemption waiver, presented to a judge of the parish where the immovable is located.
Does the property bond need to be recorded before the court can accept it?
Yes. Article 5121.1 requires the bond to be recorded in the mortgage office of the parish where the immovable is located before it is presented to the court with jurisdiction over the proceeding.
Why does recording the bond matter for the party relying on that security?
Recording gives the bond the effect of an actual lien against the property, so the party protected by the bond has real security to enforce rather than only a surety's personal promise.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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