Acadian Bank v. Foret

GONZALES, Judge.

This is an appeal from an executory process suit filed by a mortgage creditor, Acadian Bank, to foreclose upon the home of defendants Alcide and Marcia Foret. The Forets waived their homestead exemption on the property in favor of Acadian Bank. Prior to the institution of mortgage foreclosure proceedings by Acadian Bank, Terry Oncale sued the Forets and obtained a money judgment against them in the amount of $32,500 plus interest, attorney’s fees and costs. This judgment was recorded prior to the recordation of the Acadian Bank mortgage. After the executory process suit was…