Shih Chang Hu v. Evergreen of the South, Inc.

hThe majority states because “Mrs. Hua paid off an existing mortgage with Wells Fargo, [presumably the Wells Fargo mortgage contained a waiver of the homestead exemption.” I find this to be an error given that the record lacks said documentation. Nevertheless, even assuming that the mortgage documents contained a waiver, a creditor that does not have a homestead waiver cannot encroach upon the homestead exemption merely because the mortgage holder has a waiver. See Acadian Bank v. Foret, 602 So.2d 1097, 1098 (La.App. 1 Cir.1992). In other words, the waiver would only waive the homestead…