U.S. Bank National Ass'n v. Dumas
Louisiana Court of Appeal
1DissentWhipple, C.J.
lilt is well-recognized law that executory process to enforce a mortgage is a unique and harsh remedy requiring strict Construction. Moore v. Louisiana Bank & Trust Co., 528 So.2d 606, 609 (La.App. 2 Cir.1998). Indeed, the conditions necessary to satisfy the use of the unique and harsh remedy of executory process have been described by the Louisiana Supreme Court as follows:
A writ of seizure and sale in Louisiana is issued by a judge of a court of proper venue. To justify the issuance of the writ, the plaintiff must make a proper showing to the reviewing judge.
The judge must satisfy himself…
2Cases cited9 opinions
- Miller v. CappelSupreme Court of Louisiana · 1884
- Buckner v. CarmackSupreme Court of Louisiana · 1973
- Moore v. Louisiana Bank & Trust Co.Louisiana Court of Appeal · 1988
- Aetna Life Insurance Co. v. Lama TrustsLouisiana Court of Appeal · 1996
- Colonial Financial Service, Inc. v. StewartLouisiana Court of Appeal · 1985
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