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LOUISIANA SAV. ASS'N v. TRAHAN

No. 8793.

415 So.2d 592 (1982)

LOUISIANA SAVINGS ASSOCIATION, Plaintiff & Appellee, v. Gregory D. TRAHAN, et al., Defendants & Appellants.

Court of Appeal of Louisiana, Third Circuit.

May 26, 1982.

Attorney(s) appearing for the Case

L. Daniel Bishop, Jr., DeQuincy, for defendant-appellant.

C. Thomas Tolbert, Sulphur, Caskey & Pizzolatto, Nick Pizzolatto, Jr., Lake Charles, for defendant-appellee-appellant.

Leithead, Scott, Boudreau, Myrick & Richard, Randall E. Roach, Lake Charles, Sanders, Downing, Jean & Cazedessus, R. Gordon Kean, Jr., Baton Rouge, for plaintiff-appellee.

Before CULPEPPER, FORET and DOUCET, JJ.

CULPEPPER, Judge.

This case involves the so-called "due-on-sale" clause in a savings and loan association mortgage. The district judge upheld enforcement of the clause and ordered seizure and sale of the property to satisfy plaintiff's mortgage. Defendants appealed. We affirm.

The issues are: (1) Are the clause and LSA-R.S. 6:837 A, its statutory authority, unconstitutional? (2) Is the plaintiff association estopped...

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