Fill and Sign the Louisiana Executory Process Form

Civil Action No. _______ _______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _______ , STATE OF LOUISIANA ________________ VS. ________________ , ________________ , AND ________________ * * * PETITION FOR EXECUTORY PROCESS The petition of ________________ , a banking corporation organized and existing under the laws of the State of Louisiana, having as its domicile the Parish of _______ , State of Louisiana, respectfully represents: l. Defendants, ________________ , ________________ , and ________________ , are indebted unto petitioner in the sum of ________________ AND ___ /l00 ($ _______ ) DOLLARS, plus accrued interest of ________________ AND ___ /l00 ($ _______ ) DOLLARS, and late charges in the amount of ________________ AND ___ /l00 ($ _______ ) DOLLARS, plus interest at the rate of _______ percent ( ___ % ) per annum from date until paid, and with an additional sum of _______ percent ( ___ %) att orney's fees on the aggregate amount of principal and interest due and owing if the said note was placed in the hands of an attorney for collection, and all costs of these proceedings, for the following reasons: 2. The defendant, ________________ , and ________________ , who is now deceased, on _______ ___ , 20 ___ , executed a Collateral Mortgage note payable to the order of Bearer, in the amount of ________________ and ___ /l00 ($ _______ ) Dollars, payable on demand, bearing interest at the rate of _______ percent ( ___ %) per annum from date until paid, and with an additional sum of _______ percent ( ___ %) attorney's fees on the aggregate amount of principal and interest due and owing if the said note was placed in the hands of an attorney for collection, which note is attached hereto, made a part hereof, and marked "P -l" for identification herewith. 3. P-l was paraphed "Ne Varietur" for identification with an Act of Collateral Mortgaged passed before ________________ , Notary Public, on the ___ day of _______ , 20 ___ . 4. P-l was secured by a Collateral Mortgage of the same date passed before the same Notary Public, alleging that ________________ and ________________ are indebted unto ________________ , in the full sum of ________________ and ___ /l00 ($ _______ ) Dollars, with interest at the rate of _______ percent ( ___ %) per annum from date until paid, and made payable on demand, which mortgage did affect and hypothecate in favor of petitioner, the following described property, to -wit: That certain lot of ground, together with a ll improvements located thereon, situated in the _______ Ward of _______ Parish, Louisiana, on the _______ side of _______ , measuring _______ (___ ) feet on its North, South, East and West lines, and bounded , now or formerly, as follows: North by _____________ or Lot ___ of the hereinafter referred to sketch, East by _____________ , South by _____________ , or Lot ___ of the hereinafter referred to sketch, and West by _____________ ; and being designated as Lot ___ of a sketch which is attached to an Act of P artition recorded in Book ___ , Folio ___ , Entry Number ___ of the Conveyance Records of _______ Parish, Louisiana. 5. A certified copy of the Collateral Mortgage is attached hereto and made a part hereof and marked "P -2" for identification herewith. 6. The defendants, ________________ and ________________ , on _______ ___ , 20 ___ , executed a promissory note in the full sum o f ________________ and ___ /l00 ($ _______ ) Dollars, bearing interest at the rate of _______ percent ( ___ %) per annum, and made payable on de man d, or if no demand is made, in _______ payments of ________________ and ___ /l00 ($ _______ ) Dollars, and an irregular payment estimated at ________________ and ___ /l00 ($ _______ ) Dollars, the first payment being due on _______ ___ , 20 ___ , and each remai ning installment due on the ___ day of each month thereafter. Said note is attached hereto and made a part hereof and marked "P -3" for identification herewith. 7. P-3 was secured by P -l and P -2 previously describe d. 8. The defendants, ________________ , ________ ________ and ________________ , have been credited for all payments made on said promissory note marked "P -3". 9. The defendants confessed judgment on the attached notes and consen ted to the seizure and sale of the mortgaged property under executory process if the note was not paid in accordance with its terms; waived the demand for payment prior to seizure; and further waived the benefits of appraisal of the property prior to judic ial sale. l0. The defendants did in the act of mortgage waive all homestead exemptions to which they may be entitled under the Constitution and laws of the State of Louisiana. ll. Said note became in arrears on _______ ___ , 20 ___ , when the installments due were not paid, whe reupon the entire balance due on said note became due under the terms of the said note. l2. Petitioner desires that the property be appraised prior to sale. WHEREFORE, the premises and annexed documents considered, petitioner prays for an order of executo ry process herein, and after due delays that a writ of seizure and sale issue herein directing the Sheriff of the Parish of _______ , Louisiana, to seize and sell after due advertisements, delays, requisites, and formalities, free and clear of all homestead rights and exemptions, the properties described in Paragraphs 4 and 7 according to law, for cash, with a ppraisement, to pay and satisfy the claim of petitioner, ________________ , against the d efendants, ________________ , ________________ and ________________ , in the full sum of ________________ AND ___ /100 ($_______ ) DOLLARS, plus accrued interest of ________________ AND ___ /l00 ($ _______ ) DOLLARS, and late charges in the amount of ________________ AND ___ /l00 ($ _______ ) DOLLARS, plus interest at the rate of _______ percent ( ___ %) per annum from date until paid, and with an additional sum of _______ percent ( ___ %) attorney's fees on the aggregate amount of principal and interest due a nd owing if the said note was placed in the hands of an attorney for collection, and all costs of these proceedings, and that petitioner be paid the amount of its claim by preference and priority over all other persons. Petitioner further prays for all ord ers and decrees necessary in the premises. ________________ ________________ ________________ __ ________ , LA _______ (___ )_______ BY: ____________________________ ________________ ATTORNEY FOR PETITIONER Please serve defendants as follows: ________________ and ________________ and ________________ __________ Louisiana _______ STATE OF LOUISIANA PARISH OF _______ AFFIDAVIT OF CORRECTNESS BEFORE ME, the undersigned Notary Public, personally came and appeared ________________ , who, being by me first duly sworn, deposed and said: l. He is a ________________ of ________________ and is duly qualified to make this affidavit; 2. He is familiar with the proceedings entitled " ________________ vs. ________________ , ________________ and ________________ , _______ Parish, Louisiana," a nd that he has read the Petition for Executory Process, and that ________________ , ________ ________ and ________________ are indebted to ________________ in the amount of ________________ AN D ___ /100 ($ _______ ) DOLLARS, plus accrued inte rest of ________________ AND ___ /l00 ($ _______ ) DOLLARS, and late charges in the amount of ________________ AND ___ /l00 ($ _______ ) DOLLARS, plus interest at the rate of _______ percent ( ___ %) per annum from date until paid, and with an additional sum of _______ percent ( ___ %) attorney's fees on the aggregate amount of principal and interest due and owing if the said note was placed in the hands of an attorney for collection, and all costs of these proceedings. _____________________________ ________________ SWORN TO AND SUBSCRIBED b efore me t his _____ day of _______ , 20 ___ , at ________________ , Louisiana. _____________________________ NOTARY PUBLIC Civil Action No. _______ _______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _______ , STATE OF LOUISIANA __________________ VS. ________________ , ________________ , AND ________________ * * * O R D E R The premises and documents and affidavit therein being considered, let an order of executory process issue as prayed for, and according to law. ORDERED AND SIGNED in Chambers at ________________ , _______ Parish, Louisiana, on the _____ day of __________________, 20 ___ . _______________________________ DISTRICT JUDGE