U.S. Bank Trust National Association, as Trustee of BKPL-EG Holding Trust v. Jennifer Ledoux Watson ( 2024 )

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