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Cited by

Opinions in Louisiana that cite First Guar. Bk. v. Baton Rouge Petroleum Center, Inc., 529 So. 2d 834.

62 citing documents.

  • Graystar Mortgage, L.L.C. v. Gregory Swafford as Trustee for the Gregory Swafford Family Trust La. Ct. App. 4th Cir. 2023
    First Guaranty Bank, Hammond Louisiana v. Baton Rouge Petroleum Center, Inc., (La.
  • Home Bank, N. A. v. Golden La Properties, LLC La. Ct. App. 3d Cir. 2022
    In First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., -42 (La.1987) (footnotes omitted), the Louisiana Supreme Court set forth the requirements for a deficiency judgment, as follows: When the property has been sold under the executory proceedings after appraisal and in accordance with statutory provisions governing appraisal, the creditor m
  • Anthem Bank & Trust, A Federal Savings Bank, Formerly Known As First Financial Bank and Trust Co. v. … La. Ct. App. 1st Cir. 2020
    Louisiana v. Baton Rouge Petroleum Center, Inc., ( La.
  • Vance v. Federal National Mortgage Ass'n 235 So. 3d 1263 La. Ct. App. 1st Cir. 2017
    See also, First Guaranty Bank v. Baton Rouge Petroleum Center, Inc., (La.
  • Nationstar Mortgage LLC v. Parham 216 So. 3d 231 La. Ct. App. 2d Cir. 2017
  • Everhome Mortgage Co. v. Lewis 207 So. 3d 646 La. Ct. App. 1st Cir. 2016
    Bank v. Baton Rouge Petroleum Ctr., Inc., -41 (La.
  • Walter Mortgage Co. v. Turner 210 So. 3d 425 La. Ct. App. 2d Cir. 2016
    v. Baton Rouge Petroleum Ctr., Inc., (La.
  • Mary Andree Peltier v. Jpmorgan Chase Bank, N.A. La. Ct. App. 3d Cir. 2016
    Ctr., Inc., (on rehearing) (emphasis added) (footnote omitted).
  • Phillips v. City of New Orleans 194 So. 3d 1254 La. Ct. App. 1st Cir. 2016
    v. Baton Rouge Petroleum Center, Inc.
  • Chase Home Finance, LLC v. Vance 177 So. 3d 136 La. 2015
    v. Baton Rouge Petroleum Ctr., Inc., -41 (La.1987), the court said that “even if he fails to appeal or enjoin the sale, the | ^mortgagor-defendant in an executory proceeding may bring a subsequent direct action to annul the sale, if the mortgagee is the adjudicatee at the sale and is still in possession of the property sold at it.” The court also sai
  • MGD Partners, LLC v. 5-Z Investments, Inc. 145 So. 3d 1053 La. Ct. App. 1st Cir. 2014
    The general law applicable for determining the validity of a deficiency judgment action is set forth in First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., -42 (La.1987) (on rehearing), as follows: When the property has been sold under the executory proceedings after appraisal and in accordance with statutory provisions governing appraisal, the creditor may obtain a personal judgment against the mortgagor for any deficiency remaining after the application of the net
  • Wells Fargo Bank, N.A. v. Thompson 142 So. 3d 182 La. Ct. App. 1st Cir. 2014
    v. Baton Rouge Petroleum Center, Inc., ).
  • U.S. Bank National Ass'n v. Dumas 144 So. 3d 29 La. Ct. App. 1st Cir. 2014
    v. Baton Rouge Petroleum Center, Inc., wherein the supreme court held that a creditor seeking to use executory process was required to offer authentic 1^evidence of a corporate resolution authorizing a corporate debtor to grant the mortgage at issue.
  • Gulf Coast Bank & Trust Co. v. Warren 125 So. 3d 1211 La. Ct. App. 1st Cir. 2013
    v. Baton Rouge Petroleum Center, Inc., (La.App.
  • First Bank & Trust v. Tedesco 106 So. 3d 653 La. Ct. App. 1st Cir. 2012
    In First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., the Louisiana Supreme Court, on rehearing, set forth the requirements for deficiency judgment, as follows: To obtain a deficiency judgment, the creditor first must affirmatively plead and prove the existence of the obligation giving rise to the debt, La.C.C.
  • Estate of Petrovich v. Jules Melancon, Inc. 33 So. 3d 211 La. Ct. App. 1st Cir. 2010
    Compare: First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., (The lack of authentic evidence must be asserted either by injunction or by suspensive appeal.).
  • Liberty Bank and Trust Co. v. Dapremont 844 So. 2d 877 La. Ct. App. 4th Cir. 2003
    Consequently, the defendants' reliance on First Guaranty Bank v. Baton Rouge Petroleum Center, Inc., is misplaced.
  • National Information Services v. Gottsegen 737 So. 2d 909 La. Ct. App. 5th Cir. 1999
    v. Baton Rouge Petroleum Center, Inc.
  • Ford Motor Credit Co. v. Epps 708 So. 2d 824 La. Ct. App. 1st Cir. 1998
    13As to appellants’ contention that a lack of authenticity of evidence filed in an executory process proceeding bars the plaintiff from obtaining a deficiency judgment, refutes that contention.
  • Jackson v. Slidell Nissan 693 So. 2d 1257 La. Ct. App. 1st Cir. 1997
    v. Baton Rouge Petroleum Center, Inc.
  • Williams v. Perkins-Siegen Partnership 649 So. 2d 367 La. 1995
    See First Federal Savings & First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., (on rehearing).
  • Ray v. Varwig 641 So. 2d 711 La. Ct. App. 3d Cir. 1994
  • Whitney Nat. Bank v. FWF, INC. 635 So. 2d 361 La. Ct. App. 4th Cir. 1994
  • Commercial Nat. Bank v. Succession of Rogers 628 So. 2d 33 La. Ct. App. 2d Cir. 1993
    First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc.
  • Whitney National Bank v. Clark 627 So. 2d 705 La. Ct. App. 1st Cir. 1993
    13:4106; Citizens Savings & Loan Ass’n v. Kinchen, First Guaranty Bank v. Baton Rouge Petroleum Center, Inc., on rehearing.
  • Citizens Sav. and Loan Ass'n v. Kinchen 622 So. 2d 662 La. 1993
    art. 2772; First Guaranty Bank v. Baton Rouge Petroleum Center, Inc., (On rehearing), and authorities cited therein.
  • Williams v. Perkins-Siegen Partnership 623 So. 2d 146 La. Ct. App. 1st Cir. 1993
    555, 567 (1958); see also First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc.
  • FIRST FED. SAV. & LOAN ASS'N v. Moss 616 So. 2d 648 La. 1993
    First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., (on rehearing).
  • Rhodes v. Gulfco Finance Co. of Lake Charles 610 So. 2d 1073 La. Ct. App. 1st Cir. 1992
    ANALYSIS The case of First Guaranty Bank v. Baton Rouge Petroleum Center, Inc., , on rehearing, (La.1988), was a deficiency judgment case wherein the Supreme Court refused to allow a debtor to assert as a defense a minor procedural defect in the preceding suit for executory process.
  • Bank of Commerce and Trust Co. v. Landry 610 So. 2d 927 La. Ct. App. 1st Cir. 1992
    In First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., the Louisiana Supreme Court held that the failure of the creditor to introduce a corporate resolution authorizing the bank to enter into a mortgage was a minor defect in the formal requirements for executory process and did not render the entire proceeding null.
  • Whitney National Bank v. Blueridge, Inc. 606 So. 2d 902 La. Ct. App. 1st Cir. 1992
    First Guaranty Bank v. Baton Rouge Petroleum Center, Inc., 838 (La.1987).
  • Citicorp Acceptance Co., Inc. v. Roussell 601 So. 2d 350 La. Ct. App. 1st Cir. 1992
    (Citations omitted) DEFICIENCY JUDGMENT The general law applicable for determining the validity of a deficiency judgment action is set forth in First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., -842 (La.1987) (on rehearing) as follows: *353 When the property has been sold under the executory proceedings after appraisal and in accordance with statutory provisions governing appraisal, the creditor may obtain a personal judgment against the mortgagor for any deficiency
  • Security Homestead Ass'n v. Fuselier 591 So. 2d 335 La. 1991
    In support of this position, Security cites First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., (on rehearing), and points out that Fuselier does not contend that the appraisals were improper.
  • Albritton v. Albritton 591 So. 2d 357 La. Ct. App. 1st Cir. 1991
    First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., (on rehearing).
  • Citizens Savings & Loan Ass'n v. Kinchen 588 So. 2d 1214 La. Ct. App. 1st Cir. 1991
    (reversed on other grounds on rehearing); Bank of New Roads v. Livonia South, Inc., (La.App.
  • Security Homestead Fed. Sav. v. Ullo 589 So. 2d 5 La. Ct. App. 5th Cir. 1991
  • SAMCO MORTG. CORP. v. Armstrong 579 So. 2d 521 La. Ct. App. 4th Cir. 1991
    Plaintiff relies heavily on First Guaranty Bank v. Baton Rouge Petroleum Center, Inc., to support its argument it should not be denied the right to pursue a deficiency judgment under the circumstances in this case.
  • First Acadiana Bank v. Bieber 582 So. 2d 1293 La. 1991
    In the First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., the creditor in an executory proceeding failed to attach to its petition authentic evidence of a corporate resolution authorizing the corporation to grant a mortgage.
  • Hibernia National Bank v. Lankster 578 So. 2d 535 La. Ct. App. 1st Cir. 1991
  • Allain v. First Guaranty Bank 577 So. 2d 1109 La. Ct. App. 1st Cir. 1991
    overruling League Central Credit Union v. Montgomery, 251 La.
  • First Bank of Natchitoches & Trust Co. v. Chenault 576 So. 2d 1123 La. Ct. App. 3d Cir. 1991
    First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc.
  • DELTA SAV. AND LOAN ASS'N v. Berthelot 570 So. 2d 459 La. Ct. App. 4th Cir. 1990
  • Citicorp Acceptance Co. v. Gelpi 563 So. 2d 427 La. Ct. App. 1st Cir. 1990
    The trial court granted creditor’s motion for summary judgment, finding the Louisiana Supreme Court had decided the issue in First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., (La.
  • Louisiana Nat. Bank v. Slaughter 563 So. 2d 445 La. Ct. App. 1st Cir. 1990
    In First Guaranty Bank, Hammond, Louisiana v. Baton Rouge Petroleum Center, Inc., the Louisiana Supreme Court, on rehearing, overruled League Central Credit Union v. Montgomery, 251 La.
  • First Acadiana Bank v. Bieber 562 So. 2d 1025 La. Ct. App. 1st Cir. 1990
    overruling League Central Credit Union v. Montgomery, 251 La.
  • Elmwood Federal Savings & Loan Assoc. v. Sanco Louisiana, Inc. 557 So. 2d 296 La. Ct. App. 1st Cir. 1990
    art. 1005.” on rehearing.
  • Central Bank v. Frost 552 So. 2d 508 La. Ct. App. 2d Cir. 1989
    See also First Guaranty Bank v. Baton Rouge Petroleum Center, Inc.
  • Louisiana Ass'n for the Blind v. Robertson 552 So. 2d 580 La. Ct. App. 2d Cir. 1989
    While Ford Motor Credit v. Herron, supra, does state that failure to raise a defense of payment in an executory proceeding bars assertion of the defense in a suit for deficiency judgment, holds to the contrary and supports the defendants’ argument that, in defense of a suit for deficiency judgment, affirmative defenses may be asserted.
  • American Bank & Trust Co. v. Bandaries 552 So. 2d 621 La. Ct. App. 2d Cir. 1989
    DISCUSSION In its decision in First Guaranty Bank v. Baton Rouge Petroleum Center, Inc., our Supreme Court overruled the prevailing jurisprudence and held that a creditor who fully *623 complies with appraisal requirements may not be prevented from obtaining a deficiency judgment simply because of a lack of authentic evidence in the executory proceeding.
  • Elmwood Federal Savings & Loan Ass'n v. M & C Partnership in Commendam 552 So. 2d 1217 La. Ct. App. 1st Cir. 1989
    13:4103; First Guaranty Bank v. Baton Rouge Petroleum Center, Inc., Bank of St.