Fill and Sign the Louisiana State Legislature Legislative Law Table of Form

____________ : ______ JUDICIAL DISTRICT COURT VS : PARISH OF ______, LOUISIANA ____________, ____________ ____________ & ______ : DOCKET NO.: ______ ___________________________________________________________________ PETITION FOR DEFICIENCY JUDGMENT The petition of ______ , a banking corporation organized and existing unde r the laws of the State of Louisiana, having as its domic ile the Parish of ______, State of Louisiana, respectfully represents: l. Defendants ______, ______ and ______, are justly and truly indebted unto your petitioner in the full sum of ______ AND ______ /l00 ($______) DOLLARS, together with legal interest from date of judicial demand until p aid, and for ______ percent (______ %) on the aggregate of said principal and interest as attorney's fees, and all costs of these proceedings, for the following reasons, to -wit: 2. The defendants, ______, ______ and ______ , on ______, 20______ , executed a promissory note in the full sum of ______ and ______/l00 ($______) Dollars, bearing interest at the rate of ______ percent (______%) per annum and made payable in ______ monthly install ments of ______ and ______/l00 ( $______) Dollar each, and an irregular payment esti mated at ______ and ______/l00 ($______) Dollars, the first payment being due on ______, 20______, and each remaining installment due on the ______ day of each month thereafter, and one irregular payment estimat ed at ______ and ______/l00 ($______) Dollars due on the ______ day of ______, 20______ . 3. That the said Defendants, ______ and ______ , executed a Consumer Sec urity Agreement dated ______, 20______ , alleging that the Defendants were indebted unto future holder or holders in the full sum of ______ and ______/l00 ($______) Dollars. 4. In the aforesaid Consumer Security Agreement, the D efendants did affect and hypothecate in favor of petitioner and the future holder or holders, the following described property, to -wit: ______, VIN ______ . 5. The defendants, ______ and ______, on ______, 20______, executed a Landlord's Consent with ______, Landlord, alleging that Landlord waives and subordinates in favor of Lender any and all liens, privileges, claims, ri ghts and/or other security interests that Landlord may now or in the future have on, in, or against the Collateral described in Paragraph 4 herein. 6. The defendant, ______, on ______, 20______ , executed a Continuing Guaranty agreement as Guarantor, in consideration of the extension of credit by Creditor, guaranteeing payment in full of any indebtedness, direct or contingent, and any and all extensions thereof of Debtor to ______ up to the amount of $______ . 7. The Defendants have been credited for all payments on said promisso ry note dated ______, 20______ . 8. Petitioner avers that the defendants became delinquent in the payment of said note. Petitioner foreclosed against the said property and the said defendant s, in the proceedings numbered ______ of the docket of this Honorable Court, in the m atter entitled "______ vs. ______ , ______ , and ______ ", which proceedings are made a part of this petition as if copied in full herein. 9. That pursuant to said foreclosure proceedings, a writ of seizure and sale issued herein and the Sheriff of ______ Parish seized the property, and in due course, same was advertised and exposed to public auction after due appraisement. 10. That the said property was duly sold by the Sheriff on ______, 20______, for the sum of ______ and ______/l00 ($______) Dollars. ll. Petitioner avers that at the time of the foreclosure proceedings, Defendants had defaulted by nonpayment of the ______, ______ , installment which became due on said note, at which time there was due thereon the balan ce of ______ and ______/l00 ($______) Dollars, plus accrued interest of ______ and ______/l00 ($______) Dollars, plus late charges in the amount of ______ and ______/l00 ($______) Dollars, and legal interest thereafter, and for ______ percent (______ %) on the aggregate amount of principal and interest due as attorney's fees, and all costs of these proceedings. l2. Petitioner avers that the following costs were incurred in the foreclosure proceedings, for which the Defendants are liable: Seizure $______ Notices ______ Appraiser's fee ______ Appraiser's Fee ______ Prep. & Advertisement ______ Sheriff's Commission ______ Clerk's costs ______ Deed & Proces Verbal ______ TOTAL COSTS OF SHERIFF'S SALE $______ 13. That after deducting the gross amount received from the sale of said property from the total principal, attorney's fees and costs due, there remains a net unpaid balance due on said note of ______ and ______ /l00 ($______) Dollars, plus ______% legal interest from date of judicial demand, as is calculated below: 11/94 Principal Balance $ ______ 25% Attorney Fees $ ______ Costs of Sheriff's Sale $ ______ 3/95 Less Gross Amount Received from Sheriff's Sale $______ DEFICIENCY BALANCE DUE $ ______ *(Plus ______% per annum legal interest from date) l4. Petitioner refers to the said foreclosure proceedings herein for the purpo se of making the entire suit a part of this petition, and more particularl y, refers to the return of the Sheriff on the proces verbal, the pro missory note, and the duplicate originals of said Consumer Security Agreement, Landlord's Consent, and Continuing Guaranty Agreement all filed herein, together with all other documents relied upon in these proceedings. l5. Petitioner avers amicable demand without avail. 16. The whereabouts of Defendant, ______, are unknown and it is, therefore, necessary that the court appoint an attorney at law to represent the said absentee Defendant herein. WHEREFORE, Petitioner prays that an attorney at law be appointed to represent the said absentee Defendant, ______, and that he be served with a copy of this petition and duly cited to appear and answer same. Petitioner further prays that the De fendants herein, ______, and ______, be duly cited to appear and answer this petition, and that they be served with a copy of same, and that after the legal delays and due proceedings had, there be Judgment herein in favor of your Petitioner, ______, and against the Defendants, ______, ______, and ______, in the full sum of ______ AND ______ /100 ($______) DOLLARS, together with legal interest from date of judicial demand, and for ______ percent (______%) on the aggregate of said principal and interest as attorney's fees, and all costs of these proceedings, and Petitioner further prays for all general and equitable relief, etc. ______ ______ ______ ______, LOUISIANA ______ ( ______ )______ BY: ________________________________ ______ Please serve Defendants, ______ and ______ at: ______ ______ ______ ______, LA ______ STATE OF LOUISIANA PARISH OF ______ AFFIDAVIT OF CORRECTNESS BEFORE ME, the undersigned Notary Public, personally came and appeared ______, who, being by me first duly sworn, deposed and said: l. He is a loan officer of ______ and is duly qualified to make this affidavit; and 2. That he is familiar with the proceedings entitled " ______, vs. ______, ______ and ______ ", Docket No. ______, ______ Parish, Louisiana; that he has read the Petition for Deficiency Judgment; and, that ______, ______ and ______ are indebted to ______ in the full sum o f ______ AND ______/100 ($______) DOLLARS, after deducting all costs of Sheriff's Sale, attorney's fees, and the gross amount received from the Sheriff's Sale. _________________________________ ______ SWORN TO AND SUBSCRIBED before me this ______ day of ______, 20______ . __________________________________ NOTARY PUBLIC ______ : ______TH JUDICIAL DISTRICT COURT VS : PARISH OF ______, LOUISIANA ______, ______ ______ & ______ : DOCKET NO.: ______ ___________________________________________________________________ O R D E R Considering the foregoing: IT IS ORDERED that ______, attorney at law, be appointed to represent the absentee defendant, ______ . THUS DONE AND SIGNED at ______, ______ Parish, Louisiana, this ______ day of ______, 20______ . __________________________ DISTRICT JUDGE