Holt v. Estates of Fletcher

YELVERTON, Judge.

There are two issues presented by this appeal of the trial court’s refusal to issue a preliminary injunction to stop the sale of immovable property under executory process. The first issue questions whether the establishment of a course of conduct between the parties to a mortgage tolerating late payments entitled the mortgagor to a warning, under the “doctrine of forbearance”, as a condition precedent to exec-utory process based on a single late payment. The second issue questions whether the breach of a provision in a mortgage affecting immovables, requiring the mortgagor…