Legal Opinion

Security National Trust v. Alexander

Louisiana Court of Appeal

Decided June 23, 1993No. Nos. 24866-CA, 24867-CAPublishedCited by 4 opinions

1Opinion of the Court

MARVIN, Chief Judge.

Applying the law in effect before January 1,1993, we reverse a judgment in favor of the original mortgagor which enjoined the foreclosure on his June 1973 mortgage of an immovable that was not reinscribed in the mortgage records until August 1983, more than 10 years later, and which also ordered the mortgage inscription cancelled from the public records.

The trial court relied on former CC Art. 3369, which provided:

In all cases where mortgages and privileges, heretofore or hereafter recorded, secure the payment of an indebtedness, the whole of which matures less than nine…

2Cases cited7 opinions

  1. Shepherd v. Orleans Cotton Press Co.Supreme Court of Louisiana · 1847
  2. Schutzman v. DobrowolskiSupreme Court of Louisiana · 1939
  3. Commercial Nat. Bank of Shreveport v. McDanielLouisiana Court of Appeal · 1934
  4. Executors of Liddell v. RuckerSupreme Court of Louisiana · 1858
  5. Brookshire v. BroussardLouisiana Court of Appeal · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Federal Deposit Insurance v. McFarlandCourt of Appeals for the Fifth Circuit · 2001
  2. Federal Deposit Insurance Corp. v. Rory S. McFarland Texaco, Inc., Defendant-Third Party v. Premier Venture Capital Corp. David L. Jump, Third Party v. Dennis Joslin Co., L.L.C., Movant-AppellantCourt of Appeals for the Third Circuit · 2001
  3. Seal v. CrainLouisiana Court of Appeal · 2000
  4. St. Charles Mortgage & Loan, Inc. v. OubreLouisiana Court of Appeal · 1997

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