Rhodes v. Gulfco Finance Co. of Lake Charles

FORET, Judge.

This is an appeal from a trial court judgment holding that Mr. and Mrs. Joseph Rhodes, plaintiffs and appellants herein, have no right of action to recover surplus proceeds from the sale of mortgaged immovable property. The mortgaged property at issue was sold in an executory proceeding brought by Gulfco Finance Company of Lake Charles, defendant and appellee herein, against the Rhodes, as the sole defendants and debtors.

We find that the trial court erred in finding that the Rhodes have no right of action against Gulfco for surplus monies from the sale of the mortgaged property…