Louisiana Revised Statutes 13:4436.1 – Termination permitted by summary proceedings; jurisdiction of court to order
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Terms Used In Louisiana Revised Statutes 13:4436.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
A. A judgment debtor who appeals the judgment may obtain an order that terminates a judicial mortgage created by recording the judgment and that directs the recorder to erase the judgment from his records.
B. The proceeding for such termination shall be by summary proceedings brought against the judgment creditor.
C. The court that renders the judgment appealed from shall have jurisdiction of the proceedings to terminate a judicial mortgage whether or not the judicial mortgage results from the recordation of the court’s judgment or that of an appellate court following the appeal of the judgment.
Acts 1992, No. 1132, §5, eff. Jan. 1, 1993.