Fill and Sign the Louisiana Executory Process 497308797 Form

Civil Action No. _______ _______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _______ , STATE OF LOUISIANA ________________ VS. ________________ * * * 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. Defendant, ________________ , is indebted unto petitioner in the sum of ________________ AND ___ /100 ($ _______ ), plus accrued interest of ________________ AND ___ /100 ($ _______ ) DOLLARS, and late charges in the amount of ________________ AND ___ /100 ($ _______ ) 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, for the following reasons: 2. The defendant, ________________ , 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 ________________ is 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 or parcel of ground located in Section ___ , T ___ , R ___ , _______ Parish, measuring _______ feet front on _______ , by a depth on the North side of _______ feet, on the South side _______ feet, on the West measuring _______ feet; and being bounded on the North and West by ________________ , East by ________________ , and South by ________________ , and being depicted and delineated as Lot ___ on Map of Survey made by ________________ , dated _______ ___ , _____ . 5. The original Collateral Mortgage is attached hereto and made a part hereof and marked "P-2" for identification herewith. 6. The defendant, ________________ , on _______ ___ , 20 ___ , executed a Pledge of Collateral Mortgage Note pledging P-1 and P-2 to secure any loans, advances and/or credits extended by plaintiff. Said Pledge of Collateral Mortgage Note is attached hereto and made a part hereof and marked A P-3" for identification herewith. 7. The defendant, ________________ , on _______ ___ , 20 ___ , executed a promissory note in the full sum of ________________ and ___ /l00 ($ _______ ) Dollars, bearing interest at the rate of ___ % per annum, and made payable on demand, or if no demand is made, in _______ payments of ________________ and ___ /l00 ($ _______ ) Dollars, the first payment being due on _______ ___ , 20 ___ , and each remaining installment due on the ___ day of each month thereafter. Said note is attached hereto and made a part hereof and marked "P-4" for identification herewith. 8. Said Promissory Note mentioned above A P-4" dated _______ ___ , 20 ___ , alleged that the defendant was indebted unto further holder or holders in the full sum of ________________ and ___ /100 ($ _______ ) Dollars, which agreement did affect and hypothecate in favor of petitioner and the future holder or holders of A P-4", the following described property, to-wit: A ________________ , bearing VIN # ________________ . 9. The defendant, ________________ , have been credited for all payments made on said promissory note marked "P-4". 10. The defendant confessed judgment on the attached notes and consented 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 judicial sale. 11. The defendant did in the act of mortgage waive all homestead exemptions to which he may be entitled under the Constitution and laws of the State of Louisiana. l2. Said note became in arrears on _______ ___ , 20 ___ , when the installments due were not paid, whereupon the entire balance due on said note became due under the terms of the said note. l3. Petitioner desires that the property be appraised prior to sale. WHEREFORE, the premises and annexed documents considered, petitioner prays for an order of executory 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 8 according to law, for cash, with appraisement, to pay and satisfy the claim of petitioner, ________________ , against the defendant, ________________ , in the full sum of ________________ AND ___ /100 ($ _______ ) DOLLARS, plus accrued interest of ________________ AND ___ /100 ($ _______ ) DOLLARS, and late charges in the amount of ________________ AND ___ /100 ($ _______ ) DOLLARS, plus interest at the rate of ___ % 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, and that petitioner be paid the amount of its claim by preference and priority over all other persons. Petitioner further prays for all orders and decrees necessary in the premises. ________________ ________________ ________________ __________ , LA _______ ( ____ ) _______ BY: ____________________________ ________________ ATTORNEY FOR PETITIONER Please serve Defendant as follows: ________________ ________________ __________ , LA _______ The ________________ may be located at the same address. 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 the ________________ of ________________ , and is duly qualified to make this affidavit; and 2. He is familiar with the proceedings entitled " ________________ vs. ________________ ," and that he has read the Petition for Executory Process, and that ________________ is indebted to ________________ in the amount of ________________ AND ___ /100 ($ _______ ) DOLLARS, plus accrued interest of ________________ AND ___ /100 ($ _______ ) DOLLARS, and late charges in the amount of ________________ AND ___ /100 ($ _______ ) DOLLARS, plus interest at the rate of ___ % 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 before me this _____ day of _______ , 20 ___ , at ________________ , Louisiana. _____________________________ NOTARY PUBLIC Civil Action No. _______ _______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _______ , STATE OF LOUISIANA ________________ VS. ________________ * * * 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 Civil Action No. _______ _______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _______ , STATE OF LOUISIANA ________________ VS. ________________ * * * REQUEST FOR STATUTORY NOTICE TO: Honorable ________________ Clerk of Court _______ Parish Courthouse __________ , LA _______ Pursuant to Article 1572 of the Louisiana Code of Civil Procedure, we hereby request written notice of the date set for trial of the above numbered and entitled cause, or of any date set for trial of any pleadings or motions therein, at least ten (10) days in advance of any trial date. We also request notice of the signing of any Judgment or of the rendition of any interlocutory order or Judgment in said cause as provided by Articles 1913 and 1914 of the Louisiana Code of Civil Procedure. Respectfully Submitted: ______________________________ ________________ Attorney at Law ________________ __________ LA _______ ( ____ ) _______ La. Bar Roll No. _______