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WMC MORTG. CORP. v. WEATHERLY

No. 2007-0075.

963 So.2d 413 (2007)

WMC MORTGAGE CORPORATION v. Raymond Eugene WEATHERLY and Donna Louise Weatherly.

Court of Appeal of Louisiana, Third Circuit.

June 13, 2007.

Attorney(s) appearing for the Case

Charles Schrumpf, Schrumpf & Schrumpf, PLC, Sulphur, LA, for Plaintiff/Appellee, WMC Mortgage Corporation.

Richard D. Moreno, E.R. Robinson, III, Robinson and Moreno, L.L.C., Lake Charles, LA, for Defendant/Appellant, Donna Louise Weatherly.

Court composed of ULYSSES G. THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and ELIZABETH A. PICKETT, Judges.

PETERS, J.

The defendant, Donna Louise Weatherly, appeals a trial court judgment reforming a conventional mortgage and promissory note in favor of the plaintiff, WMC Mortgage Corporation (WMC Mortgage), by judicially recognizing that her separate property is encumbered by the conventional mortgage and that the indebtedness evidenced thereby is a community debt even though she never executed either instrument. For the following reasons, we reverse.

DISCUSSION...

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