Pelican Homestead & Sav. Ass'n v. SEC. First Nat. Bank

532 So. 2d 397, 1988 La. App. LEXIS 2001, 1988 WL 103206
CourtLouisiana Court of Appeal
DecidedOctober 5, 1988
Docket87-667
StatusPublished
Cited by4 cases

This text of 532 So. 2d 397 (Pelican Homestead & Sav. Ass'n v. SEC. First Nat. Bank) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pelican Homestead & Sav. Ass'n v. SEC. First Nat. Bank, 532 So. 2d 397, 1988 La. App. LEXIS 2001, 1988 WL 103206 (La. Ct. App. 1988).

Opinion

532 So.2d 397 (1988)

PELICAN HOMESTEAD AND SAVINGS ASSOCIATION Plaintiff-Appellant,
v.
SECURITY FIRST NATIONAL BANK, et al., Defendants-Appellees.

No. 87-667.

Court of Appeal of Louisiana, Third Circuit.

October 5, 1988.
Writ Denied December 2, 1988.

Baldwin & Haspel, Malcolm A. Meyer, New Orleans, Neblett, Beard & Arsenault, Robert Neblett, Alexandria, for plaintiff-appellant.

*398 Gist, Methvin, Hughes & Munsterman, John Munsterman, Alexandria, for defendants-appellees.

Before DOMENGEAUX, KNOLL and KING, JJ.

KNOLL, Judge.

Pelican Homestead and Savings Association (hereafter Pelican) appeals a declaratory judgment in favor of Security First National Bank (hereafter Security). The trial court ruled that Security's collateral mortgage on certain immovable property in Rapides Parish had a superior rank to Pelican's two vendors' liens and mortgages on the same property. Pelican assigns as error that the trial court: (1) erred in giving Security's collateral mortgage a superior ranking because that instrument was incomplete, and held in deposit for future completion and pledge; (2) erroneously applied the law of registry when no "third party" was involved; (3) failed to consider the intent of the two banking institutions; (4) failed to recognize Pelican's rights of legal subrogation for having paid a superior creditor; and (5) erred in giving premature ranking to Security's collateral mortgage by not recognizing that an incomplete hand note and pledge instrument are suspensive obligations until completed. We affirm.

FACTS

In the learned trial court's written reasons for judgment, the facts of this case were clearly set forth which we incorporate herein, as follows:

"Claude E. Patrick was the owner of several improved lots, including Lots 4 and 20 of Windermere Way Subdivision in Alexandria. On March 9, 1984, Security First National Bank (Security) issued its irrevocable Letter of Credit to Ryder Truck Rental, Inc., for $100,000.00 for the account of Patrick's corporation, Altony Service, Inc. At that time, Patrick, individually and on behalf of Altony Service, Inc., signed a note in favor of Security for $100,000.00. The note was not dated [had no due date, and did not have an interest rate]. On April 3, 1984, Patrick executed a collateral note and mortgage for $150,000.00 in favor of Security. This mortgage was recorded the same date and encumbered three lots, including the two improved lots mentioned above. It was second to two prior mortgages, one of which was in favor of First Bank and the other in favor of Pelican Homestead and Savings Association (Pelican). The $150,000.00 mortgage was required by Security as additional security for the Letter of Credit. Also, on April 3, 1984, Patrick signed a pledge instrument whereby the collateral mortgage note was pledged to secure the Letter of Credit.
On May 18, 1984, Security paid the Letter of Credit and inserted the date of May 18, 1984, in the $100,000.00 hand note. [Security also then inserted a due date and an interest rate.]
On April 18, 1984, Patrick sold one of the improved lots. The purchaser obtained financing from Pelican in the amount of $60,000.00.
On the same date Pelican also refinanced the other lot. Patrick did not reveal to Pelican the existence of Security's mortgage which he had executed approximately two weeks earlier.
Through error or inadvertence, Pelican's attorney failed to see MOB 985, Folio 701, wherein the collateral mortgage [of Security] was recorded, and therefore closed the two Pelican loans without making any arrangements with Security concerning the collateral mortgage. Pelican then paid and had cancelled the two original mortgages encumbering Lots 4 and 20.
Sometime after Pelican discovered Security's mortgage it filed suit for a declaratory judgment asking that the Security mortgage be subordinated to its April 18th mortgages."

COLLATERAL MORTGAGE

Pelican contends that the ranking of Security's mortgage was not effective on April 3, 1984, because of the incompleteness of the hand note and pledge executed by Patrick, and further because the debt *399 which the collateral mortgage secured did not come into being until Security paid the letter of credit in May of 1984. We disagree.

Commenting on the collateral mortgage, the Supreme Court noted in First Guaranty Bank v. Alford, 366 So.2d 1299 (La. 1978) at page 1302:

"[A] collateral mortgage is not a `pure' mortgage; rather, it is the result of judicial recognition that one can pledge a note secured by a mortgage and use this pledge to secure yet another debt.
A collateral mortgage indirectly secures a debt via a pledge. A collateral mortgage consists of at least three documents, and takes several steps to complete. First, there is a promissory note, usually called a collateral mortgage note or a `ne varietur' note. The collateral mortgage note is secured by a mortgage, the so-called collateral mortgage. The mortgage provides the creditor with security in the enforcement of the collateral mortgage note.
* * * * * *
[I]n the collateral mortgage situation ... money is not directly advanced on the note that is paraphed for identification with the act of mortgage. Rather, the collateral mortgage note and the mortgage which secures it are pledged to secure a debt.
* * * * * *
A collateral mortgage note may be pledged to secure future obligations. In that event full payment of a given obligation will not extinguish the collateral mortgage note and accompanying mortgage. (And in such cases the collateral mortgage will have a ranking from the initial pledge. La.Civil Code, art. 3158.)"

Furthermore, Tallulah Production Credit Association v. Turner, 391 So.2d 885 (La.App. 2nd Cir.1980), writ denied, 396 So.2d 900 (La.1981), held that a pledge of a collateral mortgage note to secure future debts of the pledgor to the pledgee will be given retroactive ranking from the date of the pledge of the collateral mortgage note.

In Tallulah the court noted at page 888-889:

"Paraphrased, C.C. Art. 3158 effectively provides that whenever a pledge of a mortgage note is made to secure indebtedness of the pledgor to the pledgee which arise after the pledge is made, and the pledged instrument remains in the hands of the pledgee, and without the necessity of any added notification or other formality, the indebtednesses of the pledgor to the pledgee which arise after the pledge shall be secured by the pledged instrument to the same extent as if the indebtednesses had come into existence when the pledge was made. If the pledge was made in good faith, the pledge shall be as valid as against third persons as it is against the pledgor."

The sole requirement for the confection of a pledge of a collateral mortgage note is the delivery of the collateral mortgage note to the pledgee. American Bank & Trust Company v. Straughan, 248 So. 2d 73 (La.App. 1st Cir.1971), writ denied, 259 La. 746, 252 So.2d 450 (1971). What is needed is a meeting of the minds that the delivery of the collateral mortgage and the collateral mortgage note is intended as a pledge to secure a loan, either present or future. People's Bank and Trust Co. v. Campbell, 374 So.2d 741 (La.App. 3rd Cir.

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532 So. 2d 397, 1988 La. App. LEXIS 2001, 1988 WL 103206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pelican-homestead-sav-assn-v-sec-first-nat-bank-lactapp-1988.