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FEDERAL TRUST BANK v. SHEPPARD

No. 13-CA-429.

140 So.3d 86 (2014)

FEDERAL TRUST BANK v. Tracy Glorioso SHEPPARD, Administratrix of the Succession of George E. Annis, Chardonnay Village Condominium Association.

Court of Appeal of Louisiana, Fifth Circuit.

April 9, 2014.

Attorney(s) appearing for the Case

Benjamin B. Dean , Attorney at Law, Dean Morris LLP, Monroe, Louisiana, for Appellant, Federal Trust Bank.

Tracy G. Sheppard , Attorney at Law, Metairie, Louisiana, for Appellee, Tracy G. Sheppard, Administratrix of the Succession of George E. Annis.

Ashley L. Belleau , R. Ethan Zubic , Attorneys at Law, Montgomery Barnett, L.L.P., New Orleans, Louisiana, for Appellee, Chardonnay Village Condominium Association, Inc.

Panel composed of Judges SUSAN M. CHEHARDY, JUDE G. GRAVOIS, and STEPHEN J. WINDHORST.

SUSAN M. CHEHARDY, Chief Judge.

This matter began as a mortgage foreclosure by a bank under executory process. After seizure and sale of the property, various creditors asserted that their claims to the proceeds of the sale were superior to the mortgage. The bank appeals a judgment placing the bank's claim third in line for the sale proceeds. We reverse.

FACTS

On March 20, 1986, George E. Annis ("Annis") acquired Unit 39-A of Chardonnay Village Condominium...

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