[DOWNLOAD] "Diamond Services Corp. v. Benoit" by Louisiana Court Of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: Diamond Services Corp. v. Benoit
• Author : Louisiana Court Of Appeals
• Release Date : January 08, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

On May 7, 1993, Delores Navarre Benoit (Defendant) executed several documents to complete two collateral mortgage packages. The first collateral mortgage (MC Mortgage) was in favor of Morgan City Bank and Trust Company (MC Bank). The second collateral mortgage (Diamond Services Mortgage) was in favor of Diamond Services. Defendant signed the act of collateral mortgages and the collateral mortgage notes. However, Defendant did not sign the hand notes. Both mortgages were secured by a 410.92 acre tract in Acadia Parish owned by Defendant. Later, MC Bank assigned all rights in the MC Mortgage to Diamond Services. Thus, Diamond Services held both the MC Mortgage and the Diamond Services Mortgage. The property securing both mortgages was sold but the proceeds failed to satisfy the debt. Hence, Diamond Services sued Defendant for the deficiency and filed a motion for summary judgment. Defendant responded to the motion by filing a motion for summary judgment and a reconventional demand alleging fraud and mutual error. The trial court dismissed Defendant's reconventional demand but sustained Defendant's motion for summary judgment. Both Diamond Services and Defendant appealed to this court. We find that the trial court did not err in admitting parole evidence and finding mutual error as to the MC Mortgage.

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