Legal Opinion

Capital One, NA v. Walters

Louisiana Court of Appeal

Decided June 20, 2012No. 47,157-CAPublishedCited by 8 opinions

1Opinion of the CourtMoore, J.

hJoy Carleta Ellis and Darrel DeWayne Walters, pro se, appeal a summary judgment ordering them to pay the balance due on a promissory note and recognizing a mortgage on their real property. We affirm.

Factual and Procedural Background

In July 1997, the Walterses took out a home equity loan from Hibernia National Bank. They executed an “Equity Prime-line” note for $50,000 at an APR of 8.5% (the first six months at 6.99%), payable in 120 monthly installments of $50.00 each, a balloon payment for the balance due upon maturity, and attorney fees of 25% if the account is terminated or the balance…

2Cases cited10 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Samaha v. RauSupreme Court of Louisiana · 2008
  3. Babin v. Winn-Dixie Louisiana, Inc.Supreme Court of Louisiana · 2000
  4. Sensebe v. Canal Indemnity Co.Supreme Court of Louisiana · 2011
  5. Sears, Roebuck & Co. v. RichardsonLouisiana Court of Appeal · 2000

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3Cited by8 opinions

  1. Greenwood Community Center v. CalepLouisiana Court of Appeal · 2014
  2. Scott v. City of ShreveportLouisiana Court of Appeal · 2015
  3. Lucien v. DupreeLouisiana Court of Appeal · 2016
  4. Milke v. Ratcliff Animal Hospital, Inc. ex rel. RatcliffLouisiana Court of Appeal · 2013
  5. Sunset Realty, Inc. v. CulpLouisiana Court of Appeal · 2016

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