Ne Varietur paraph requirement for Louisana property purchases

I recently was scheduled for a Texas signing that involved a purchase of a Louisiana property. During my preliminary review of the documents, I ran across a phrase on the signatory page of the Note that I was unfamiliar with, specifically “NE VARIETUR for identification with an Act of Mortgage passed before me this____day of ____________.” Upon further research, I was able to determine that this Napoleonic clause, which has the notary certifying that the Note belongs to the Deed, may NOT be signed by any notary other than a Louisiana notary without incurring significant legal exposure (the NNA has a document that explains this in great detail. Write me if you’d like a copy.)

This said, Louisiana has a little known revised statute that provides for a legal end-run around the ne varieture paraph (signature) requirement. Review revised statute 9:5555 ( It allows for an affidavit to be signed in lieu of the ne varietur paraph. Based on this statute, I was given an affidavit to sign in lieu of the ne varietur, but unfortunately it was worded such that I was notarizing my own affirmation, a notary no-no. We had the title company remove any reference that identified me as a notary signing this affidavit, and we were good to go.

I would love a copy please email me at
Thank you,

I’m curious too…would you please send a copy to me?


Me too, I would like a copy, please, thanks!

There’s similar verbiage on the state of Virginia Note. I’ve attached the Alert from the NNA explaining why it is unlawful for a notary to sign this document. I know it isn’t the same as Lousiana but it’s similar and good info to keep in mind if/when someone has a Virginia signing.

Thank you for sharing, Chelsea! This is good info to have.


Please email me a copy as well, thx!

Just to be clear, there’s no legal end-run to the ne varietur paragraph. The affidavit referenced in the statute refers to an affidavit by the bank testifying to the terms of the note. It does not tie a note to a mortgage by the original notary (which is what that paraph does). I was a foreclosure paralegal before I was a notary and probably filed thousands of petitions for executory process.