Legal Opinion

Capital One, N.A. v. Nicoll

Louisiana Court of Appeal

Decided March 27, 2013No. 12-CA-644PublishedCited by 1 opinion

1Opinion of the Court

JUDE G. GRAVOIS, Judge.

l2Pefendant, Michael Nicoll, appeals the trial court’s grant of summary judgment in plaintiffs favor in this deficiency judgment proceeding instituted after a foreclosure sale. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

The facts of this case are not in dispute. Plaintiff, Capital One, N.A., formerly known as Hibernia National Bank (“Capital One”), was the holder of a promissory note executed by defendant on January 29, 2004 in the principal amount of $285,044.26, secured by a multiple indebtedness mortgage on immovable property (Lot 109 of…

2Cases cited7 opinions

  1. Holmes v. HendricksLouisiana Court of Appeal · 1926
  2. Unwired Telecom v. Parish of CalcasieuSupreme Court of Louisiana · 2005
  3. Medine v. RonigerSupreme Court of Louisiana · 2004
  4. Thomas v. LIVINGSTON PARISH SHERIFF'S OFF.Louisiana Court of Appeal · 2005
  5. First Nat. Bank of Lafayette v. Doni Homes, Inc.Louisiana Court of Appeal · 1976

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3Cited by1 opinion

  1. RSL Funding, LLC v. EverettDistrict Court, W.D. Louisiana · 2014

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