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DIXIE SAV. AND LOAN ASS'N v. PITRE

No. 99-CA-154.

751 So.2d 911 (1999)

DIXIE SAVINGS AND LOAN ASSOCIATION v. E.J. PITRE.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied December 10, 1999.

Attorney(s) appearing for the Case

Regina S. Wedig, Donald E. Theriot, Bordelon, Hamlin & Theriot, New Orleans, Louisiana, Attorneys for Defendant/Appellee FDIC as Receiver for Dixie Federal Savings & Loan.

Elizabeth Smyth Sirgo, Chopin, Wagar, Cole, Richard & Reboul, Metairie, Louisiana, Attorney for Defendant/Appellee The Home Insurance Company.

Samuel J. Accardo, Jr., Accardo, Edrington & Golden, Laplace, Louisiana, Attorney for Defendant/Appellant Sheriff of St. John the Baptist Parish.

Patrick D. Breedon, New Orleans, Louisiana, Attorney for Plaintiff/Second Appellant E.J. Pitre and Cindy Pitre.

Panel composed of Judges H. CHARLES GAUDIN, CHARLES GRISBAUM, Jr., and SOL GOTHARD.

GOTHARD, Judge.

This matter involves protracted litigation between the parties. In 1979, plaintiff, E.J. Pitre, executed a promissory note which was secured by a mortgage on a mobile home. The note was paraphed with a chattel mortgage which was subsequently assigned to Dixie Savings and Loan Association (Dixie).1 Pitre fell behind in the payments, and Dixie filed a petition to enforce the chattel mortgage by executory process. In due course...

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