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WELLS FARGO BANK, N.A. v. SETTOON

No. 2012 CA 1980.

120 So.3d 757 (2013)

WELLS FARGO BANK, N.A. v. Fredrick Malcolm SETTOON.

Court of Appeal of Louisiana, First Circuit.

June 7, 2013.

Attorney(s) appearing for the Case

Benjamin B. Dean , Monroe, LA, for Plaintiff/Appellant Wells Fargo Bank, N.A.

Charles V. Genco , D. Mark Valentine , Cory B. Blunk , Amite, LA, for Defendant/Appellee, Fredrick Malcolm Settoon.

Before GUIDRY, CRAIN, and THERIOT, JJ.

CRAIN, J.

This appeal is from a judgment granting a preliminary injunction and prohibiting the plaintiff from pursuing the judicial sale of certain immovable property subject to a mortgage. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Wells Fargo Bank, N.A., as Trustee for SABR Trust 2004-OP1, Mortgage Pass-Through Certificates, Series 2004-OP1, filed a petition for executory process against Fredrick Malcolm Settoon seeking to enforce a promissory...

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