Date: 11-18-2024

Case Style:

Sun Realty, LLC v. Doris J. Derouselle, a/k/a Doris Derouselle

Case Number: 2023-13437

Judge: Ellen M. Hazeur

Court: District Court, Orleans Parish, Louisiana

Plaintiff's Attorney: Kenneth E. Pickering and Gary A. Cotongno

Defendant's Attorney:

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Description:

New Orleans, Louisiana real estate mortgage foreclosure lawyer represented the Defendant.

On December 15, 2023, Appellee-Plaintiff, Sun Realty, L.L.C. ("Sun Realty"), filed a Petition for Mortgage Foreclosure by Executory Process. In the petition, Sun Realty alleged: (1) Ms. Derouselle executed a collateral mortgage note (the "Note") that was secured by an act of mortgage (the "Mortgage") in favor of Sun Realty's predecessor; (2) the Mortgage provided for an acceleration of the debt upon Ms. Derouselle's failure to pay the Note according to its terms; (3) the Note became due and eligible on April 21, 2023; and (4) as of October 16, 2023, the Note had a remaining balance of $78,402.36. Sun Realty attached to the petition a verification signed by its counsel, Michael D. Troendle; a certified copy of the Mortgage; and an Act of Endorsement from Sun Finance Company, LLC, transferring its interest in the Note to Sun Realty. Sun Realty subsequently filed the Note into the record on December 27, 2023, and, on January 11, 2024, the trial court signed the order directing the Sheriff to seize and sell the Property.


Thereafter, on March 5, 2024, Ms. Derouselle filed a Petition for Declaratory Judgment, Permanent Injunction and Damages and for Preliminary Injunction, seeking to enjoin the foreclosure of the property, and a Motion and Order for Suspensive Appeal, seeking to appeal the issuance of the writ of seizure and sale.[1] The trial court granted Ms. Derouselle's suspensive appeal and denied her request to proceed with a preliminary injunction hearing in light of the suspensive appeal.

Sun Realty, LLC v. Derouselle, 2024-CA-0284 (La. App. Nov 18, 2024)

Outcome: The court held that Sun Realty submitted documents that set forth a prima facie case of its right to execute foreclosure proceedings via executory process. As such, the trial court had sufficient evidence to grant Sun Realty's petition and order the issuance of a writ of seizure and sale.

Affirmed

Plaintiff's Experts:

Defendant's Experts:

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