U.S. Bank Trust National Association, as Trustee of BKPL-EG Holding Trust v. Jennifer Ledoux Watson

Opinion

U. S. BANK TRUST NATIONAL NO. 2024 CW 0996 ASSOCIATION, AS TRUSTEE OF BKPL- EG HOLDING TRUST

VERSUS

JENNIFER LEDOUX WATSON OCTOBER 15, 2024

In Re: Jennifer Ledoux Watson, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 750233.

BEFORE: GUIDRY, C. J., PENZATO AND STROMBERG, JJ.

WRIT DENIED.

Guidry, C. J., dissents. Executory process is a harsh remedy, and its requirements must be strictly complied with in order to utilize this mechanism for seizing and selling property. See Walter Mortgage Company, LLC v. Turner, 51, 007 ( La. App. 2d Cir. 11/ 16/ 16), 210 So. 3d 425, 431. The petition for executory process filed by U. S. Bank Trust National Association, as Trustee of BKPL- EG Holding Trust, fails to comply with the clear and unambiguous proof requirements of La. Code Civ. P. art. 2637( B) insofar as it prayed for " all costs and expenses in enforcing the Note and

Mortgage, and all advances for taxes, insurance premiums, and all

other charges and expenses permitted by the Note or Mortgage include pre -payment penalty, if any, and late charges[.]"

Accordingly, I would grant the writ application, grant the

preliminary injunction requested by Jennifer Ledoux Watson to cancel the sheriff' s sale, and remand this matter to the district court for further proceedings.

COURT OF APPEAL, FIRST CIRCUIT

DUTY CLERK OF COURT FOR THE COURT