Citizen's Finance Service Discount of Baton Rouge v. Hollier

PONDER, Judge.

This is a suit to enjoin a foreclosure by executory process.

Defendant failed to pay two hand notes, secured by a collateral mortgage on his home. Plaintiff had the home seized under a writ of seizure and sale. From a judgment of the trial court denying an injunction, defendant applied for supervisory writs. We issued an alternative writ. The court elected not to issue the injunction; there has been no other response.

The issues are: usury, a variance between the petition and the mortgage note, and variances in the authentic evidence. We make the writ peremptory.

Defendant,…