Legal Opinion
First National Bank, USA v. DDS Construction, LLC
Louisiana Court of Appeal
Decided November 9, 2010No. 10-CA-204PublishedCited by 1 opinion
1Opinion of the Court
SUSAN M. CHEHARDY, Judge.
12This appeal arises in a suit for executo-ry process. At issue is whether a mortgage cancelled from the public records can be reinstated by a notarial act of corree*2tion. The district court found it could, but we disagree. We reverse the ruling.
FACTS
On January 6, 2006, DDS Construction, LLC (“DDS”) executed a multiple indebtedness mortgage (“Construction Mortgage”) in favor of First National Bank USA (“First National Bank”) to secure several promissory notes on which DDS was the debtor.
On April 29, 2008 First National Bank filed suit in executory process against DDS…
2Cases cited5 opinions
- Abl Mgmt. v. Board of Sup'rs of S. Univ.Supreme Court of Louisiana · 2000
- Texas Bank of Beaumont v. BozorgSupreme Court of Louisiana · 1984
- Casey v. NATIONAL INFORMATION SERVIC., INC.Louisiana Court of Appeal · 2005
- City of Harahan v. State Ex Rel. DoaLouisiana Court of Appeal · 2008
- Bankers Trust of Louisiana v. SmithLouisiana Court of Appeal · 1993
3Cited by1 opinion
- First National Bank, USA v. DDS Construction, LLCSupreme Court of Louisiana · 2012