FIRST FED. SAV. & LOAN ASS'N v. MOSS

No. 92-C-3143.

616 So.2d 648 (1993)

FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF NEW IBERIA v. Jefferson J. MOSS and Rebecca Fournet Moss.

Supreme Court of Louisiana.

April 12, 1993.


Attorney(s) appearing for the Case

Jefferson Joseph Moss, Jr., Richard Mary, for applicant.

Billy J. Domingue, Craig A. Ryan, Liskow & Lewis, for respondent.


HALL, Justice.*

This case presents the question of whether an in globo judicial sale of two separately mortgaged immovable properties seized in a single executory proceeding is unauthorized and constitutes a fundamental defect in the executory proceeding, precluding the seizing creditor from obtaining a deficiency judgment on the two underlying debts. The court of appeal, reversing the trial court, answered this question in the...

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