§ 10:9-629 — Judicial proceedings; authentic evidence

Louisiana § 10:9-629

• Jurisdiction: Louisiana
• Title 10: Commercial Laws

Text

§9-629. Judicial proceedings; authentic evidence
(a) Foreclosure. For purposes of executory or ordinary process seeking enforcement
of a security interest and the obligation it secures:
(1) A signed record that contains a confession of judgment shall be deemed to be
authentic for purposes of executory process.
(2) The negotiation, assignment, pledge, or other transfer in whole or in part of an
obligation or of any right therein or thereto secured by a security interest may be proven by
any record signed by the secured party or any person entitled to effect such a transfer, and
such record shall be deemed authentic for purposes of executory process.
(3) The signatures of all debtors, makers, purchasers, payees, sellers, secondary
obligors, or any other persons whose signatures purport to appear upon or be affixed to a
written security agreement, instrument, negotiable document, chattel paper, general
intangible, or other writing evidencing a security interest, or an obligation secured by a
security interest, and the signatures of all secondary obligors, endorsers, assignors, pledgors
or others whose signatures purport to appear upon or be affixed to any writing transferring
rights in or to such a written security agreement, instrument, negotiable document, chattel
paper, general intangible, or other security interest or obligation, are presumed to be genuine
if the verified petition, or an affidavit attached thereto, for executory or ordinary process with
which they are filed or in which they are identified, alleges or affirms that they are genuine
to the best of the information, knowledge, or the belief of the plaintiff or affiant and no
further evidence shall be required of such signatures for the purposes of executory or
ordinary process.
(4) The authority and capacity of persons who purport to sign any written document
or instrument described in Subsections (a)(1) and (a)(2), in a representative capacity, shall
be presumed if such persons' signatures are presumed genuine in accordance with the
provisions of Subsection (a)(3), or are proven in any other manner permitted by law and no
further evidence of such authority or capacity is required for executory or ordinary process.
(5) The amount of any advances made, whether in written form or otherwise, or of
other obligations secured by any security interest or agricultural lien, the terms of such
obligations, insofar as they are relevant, the amount thereof due and unpaid, and the fact of
the debtors' default may be proven by affidavit or verified petition.
(6) The affidavits or verified petitions referred to in Subsections (a)(3), (a)(4), and
(a)(5) may be based upon a plaintiff's or affiant's personal knowledge or upon information
and belief based upon the records of the secured party, any assignee, or any other person that
are kept or obtained in the ordinary course of business. The petition or affidavit need not
particularize or specifically identify the records or data upon which such knowledge,
information or belief is founded.
(b) Provisions not exclusive. The provisions of this Section are cumulative and shall
not preclude proof in any other manner permitted by law of any fact for purposes of
executory, ordinary, or other process seeking enforcement of security interests and
agricultural liens, and the obligations they secure.

Legislative History

Acts 2001, No. 128, §1, eff. July 1, 2001; Acts 2024, No. 773, §1.