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KIRKPATRICK v. BANKAMERICA HOUSING SERVICES

No. 34,692-CA.

799 So.2d 831 (2001)

Mitchell KIRKPATRICK, et ux. Plaintiffs-Appellees, v. BANKAMERICA HOUSING SERVICES, A DIVISION OF BANK OF AMERICA, FSB and Greenpoint Credit, L.L.C., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

November 2, 2001.

Attorney(s) appearing for the Case

Richards Law Firm, by Karen T. Richards, Keith P. Richards, Baton Rouge, Counsel for Appellants.

Sharp, Henry, Cerniglia, Colvin & Weaver, by James H. Colvin, Homer, Counsel for Appellees.

Before NORRIS, BROWN, WILLIAMS, STEWART and GASKINS, JJ.

GASKINS, Judge.

The question presented in this case is whether a "release of lien" document issued by a creditor to the Department of Public Safety and Corrections (DPS), which states that the account covered by the lien was "paid in full," operates as a remission of the deficiency debt. The trial court found that it did and granted a declaratory judgment in favor of plaintiffs Mitchell and Julie Kirkpatrick, holding that the Kirkpatricks' debt to BankAmerica Housing...

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