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Farm Credit Bank of Texas v. Lemoine
Citations: 649 So. 2d 749; 94 La.App. 3 Cir. 776; 1994 La. App. LEXIS 3318; 1994 WL 680277Docket: No. 94-776
Court: Louisiana Court of Appeal; December 6, 1994; Louisiana; State Appellate Court
Farm Credit Bank of Texas initiated executory proceedings on four tracts of land secured by a first mortgage. During a Sheriff's Sale on January 12, 1994, Carol Aymond purchased Tracts One and Three, Steve Rabalais purchased Tract Two, and Farm Credit Bank acquired Tract Four. Aymond subsequently filed a petition for a writ of mandamus and/or quo warranto, arguing that the sale of Tracts One and Three was invalid due to non-compliance with the payment terms, which required immediate cash payment. Rabalais made his payment within 30 days, while Farm Credit Bank, as the seizing creditor, did not make any payment but was not obligated to do so. Farm Credit Bank intervened, seeking validation of the sale and filed exceptions citing Aymond's lack of standing, the non-joinder of an indispensable party, and the absence of a valid cause of action. The trial court ruled under La.R.S. 13:4360 that Aymond lacked the right of action to demand a resale, as the statute stipulates that only the seizing creditor may direct a re-offer when the purchaser fails to pay in full. Since no deposit was required in this case, Section A of the statute applied, which allows only the seizing creditor to initiate a resale. Aymond's additional claims of fraud and ill practices at the sale were not considered because they were not raised in the trial court. The appellate court affirmed the trial court’s decision, upholding Farm Credit Bank's exception of no right of action and assessing the costs of the appeal to Aymond.