Legal Opinion · Dissent

U.S. Bank National Ass'n v. Dumas

Louisiana Court of Appeal

Decided April 3, 2014No. 2012 CA 1902Published

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

  1. Miller v. CappelSupreme Court of Louisiana · 1884
  2. Buckner v. CarmackSupreme Court of Louisiana · 1973
  3. Moore v. Louisiana Bank & Trust Co.Louisiana Court of Appeal · 1988
  4. Aetna Life Insurance Co. v. Lama TrustsLouisiana Court of Appeal · 1996
  5. Colonial Financial Service, Inc. v. StewartLouisiana Court of Appeal · 1985

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