Legal Opinion
Bankers Trust Co. of California N.A. v. Cooley
Louisiana Court of Appeal
Decided June 25, 2004No. 2003 CA 1942PublishedCited by 6 opinions
1Opinion of the Court
I ¡.DOWNING, J.
Bankers Trust Company of California, N.A., as Trustee for Manufactured Housing Series 97-2 (Bankers Trust), plaintiff/appellant, appeals a judgment in favor of Darlene Wheeler Cooley permanently enjoining Bankers Trust from proceeding by executory process to enforce a mortgage against her. The judgment reserved Bankers Trust’s right to proceed via ordi-naria. For the following reasons, we affirm the judgment of the trial court.
The sole issue in this appeal as framed by the appellant is, “[wjhether ex-ecutory process is proper where the assignment of the note is lost and there…
2Cases cited4 opinions
- Miller v. CappelSupreme Court of Louisiana · 1884
- American SEC. Bank of Ville Platte v. DevilleLouisiana Court of Appeal · 1979
- Aetna Life Insurance Co. v. Lama TrustsLouisiana Court of Appeal · 1996
- Colonial Financial Service, Inc. v. StewartLouisiana Court of Appeal · 1985
3Cited by6 opinions
- JP Morgan Chase Bank, N.A. v. BoohakerLouisiana Court of Appeal · 2014
- Wells Fargo Bank, N.A. v. SettoonLouisiana Court of Appeal · 2013
- U.S. Bank National Ass'n v. DumasLouisiana Court of Appeal · 2014
- U.S. Bank National Ass'n v. DumasLouisiana Court of Appeal · 2014
- U.S. Bank National Association, Not in Its Individual Capacity but Solely as Trustee for the Cim Trust 2018-R5 Mortgage-Backed Notes, Series 2018-R5 Versus Timmie G. Owen, (a/K/A Tim G. Owen) and Caren Brown Owen, (a/K/A Caren Brown, Caren Owen)Louisiana Court of Appeal · 2023
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