reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 2592 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2592. Use of summary proceedings

  Summary proceedings may be used for trial or disposition of the following matters only:  (1) An incidental question arising in the course of judicial proceedings, including the award of and the determination of reasonableness of attorney fees.  (2) An application for a new trial.  (3) An issue which may be raised properly by an exception, contradictory motion, or rule to show cause.  (4) An action against the surety on a judicial bond after judgment has been obtained against the principal, or against both principal and surety when a summary proceeding against the principal is permitted.  (5) The homologation of a judicial partition, of a tableau of distribution or account filed by a legal representative, or of a report submitted by an auditor, accountant, or other expert appointed by the court; and an opposition to any of the foregoing, to the appointment of a legal representative, or to a petition for authority filed by a legal representative.  (6) A habeas corpus, mandamus, or quo warranto proceeding.  (7) The determination of the rank of mortgages, liens, and privileges on property sold judicially, and of the order of distribution of the proceeds thereof.  (8) The original granting of, subsequent change in, or termination of custody, visitation, and support for a child; support for a spouse; injunctive relief; support between ascendants and descendants; use and occupancy of the family home or use of community movables or immovables; or use of personal property.  (9) An action to compel an accounting at termination of parental authority; and an action to seek court approval to alienate, encumber, or lease the property of a minor, to incur an obligation of a minor, or to compromise the claim of a minor.  (10) An action to annul a probated testament under Article 2931.  (11) An action to enforce the right to a written accounting provided for in R.S. 9:2776.  (12) An action for dissolution or specific performance of a compromise entered pursuant to Article 1916(B) or by consent judgment.  (13) All other matters in which the law permits summary proceedings to be used.  Amended by Acts 1964, No. 4, §1; Acts 1974, No. 130, §1; Acts 1976, No. 321, §1; Acts 1984, No. 90, §1; Acts 1986, No. 116, §1; Acts 1987, No. 565, §2; Acts 1988, No. 817, §3, eff. July 18, 1988; Acts 1989, No. 118, §1; Acts 1990, No. 1008, §4, eff. Jan. 1, 1991; Acts 1990, No. 1009, §4, eff. Jan. 1, 1991; Acts 1992, No. 688, §1, eff. July 6, 1992; Acts 2008, No. 824, §3, eff. Jan. 1, 2009; Acts 2015, No. 260, §2, eff. Jan. 1, 2016; Acts 2015, No. 379, §2, eff. Aug. 1, 2016.
LA Code Civ Pro art. 2593 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2593. Pleadings

A summary proceeding may be commenced by the filing of a contradictory motion or by a rule to show cause, except as otherwise provided by law. Exceptions to a contradictory motion, rule to show cause, opposition, or petition in a summary proceeding shall be filed prior to the time assigned for, and shall be disposed of at, the trial. An answer is not required, except as otherwise provided by law. No responsive pleadings to an exception are permitted. Acts 2010, No. 861, §1A.
LA Code Civ Pro art. 2594 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2594. Service of process

Citation and service thereof are not necessary in a summary proceeding. A copy of the contradictory motion, rule to show cause, or other pleading filed by the plaintiff in the proceeding, and of any order of court assigning the date and hour of the trial thereof, shall be served upon the defendant.
LA Code Civ Pro art. 2595 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2595. Trial; decision

Upon reasonable notice a summary proceeding may be tried in open court or in chambers, in term or in vacation; and shall be tried by preference over ordinary proceedings, and without a jury, except as otherwise provided by law. The court shall render its decision as soon as practicable after the conclusion of the trial of a summary proceeding and, whenever practicable, without taking the matter under advisement.
LA Code Civ Pro art. 2596 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2596. Rules of ordinary proceedings applicable; exceptions

The rules governing ordinary proceedings are applicable to summary proceedings, except as otherwise provided by law.
LA Code Civ Pro art. 2631 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2631. Use of executory proceedings

Executory proceedings are those which are used to effect the seizure and sale of property, without previous citation and judgment, to enforce a mortgage or privilege thereon evidenced by an authentic act importing a confession of judgment, and in other cases allowed by law.
LA Code Civ Pro art. 2632 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2632. Act importing a confession of judgment

An act evidencing a mortgage or privilege imports a confession of judgment when the obligor therein acknowledges the obligation secured thereby, whether then existing or to arise thereafter, and confesses judgment thereon if the obligation is not paid at maturity.
LA Code Civ Pro art. 2633 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2633. Venue

An executory proceeding to enforce a mortgage or privilege may be brought either in the parish where the property is situated, or as provided in the applicable provision of Article 42 only. Acts 1989, No. 117, §1.
LA Code Civ Pro art. 2634 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2634. Petition

A person seeking to enforce a mortgage or privilege on property in an executory proceeding shall file a petition therefor, praying for the seizure and sale of the property affected by the mortgage or privilege. This petition shall comply with Article 891, and the plaintiff shall submit therewith the exhibits mentioned in Article 2635.
LA Code Civ Pro art. 2635 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2635. Authentic evidence submitted with petition

A. In order for a plaintiff to prove his right to use executory process to enforce the mortgage, security agreement, or privilege, it is necessary only for the plaintiff to submit with his petition authentic evidence of:  (1) The note, bond, or other instrument evidencing the obligation secured by the mortgage, security agreement, or privilege. (2) The authentic act of mortgage or privilege on immovable property importing a confession of judgment. (3) The act of mortgage or privilege on movable property importing a confession of judgment whether by authentic act or by private signature duly acknowledged. B. This requirement of authentic evidence is necessary only in those cases, and to the extent, provided by law. A variance between the recitals of the note and of the mortgage or security agreement regarding the obligation to pay attorney's fees shall not preclude the use of executory process. Amended by Acts 1981, No. 210, §1; Acts 1982, No. 259, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 2636 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2636. Authentic evidence

  The following documentary evidence shall be deemed to be authentic for purposes of executory process:  (1) The note, bond, or other instrument evidencing the obligation secured by the mortgage, security agreement, or privilege, paraphed for identification with the act of mortgage or privilege by the notary or other officer before whom it is executed, with the exception that a paraph is not necessary in connection with a note secured by a security agreement subject to Chapter 9 of the Uniform Commercial Code or a copy of the note, bond, or other instrument evidencing the obligation certified as such by the notary before whom the act of mortgage, security agreement, or privilege was executed.  (2) A certified copy or a duplicate original of an authentic act.  (3) A certified copy of any judgment, judicial letters, or order of court.  (4) A copy of a resolution of the board of directors, or other governing board of a corporation, authorizing or ratifying the execution of a mortgage on its property, certified in accordance with the provisions of R.S. 13:4103.  (5)(a) A security agreement subject to Chapter 9 of the Uniform Commercial Code, which need not be executed or acknowledged before a notary.  (b) A reproduction of a security agreement described in Subsubparagraph (a) of this Subparagraph or a reproduction of a single writing that evidences both an obligation to pay and a security agreement described in Subsubparagraph (a) of this Subparagraph, that is certified by a representative of a financial institution in the manner provided for in R.S. 13:3733.1(E).  (6) A certified copy of the limited liability company's articles of organization filed with the secretary of state or a written consent or extract of minutes of a meeting of the persons specified in R.S. 13:4103.1, in each case authorizing or ratifying the execution of an act of mortgage on its property and in the form required by R.S. 13:4103.1, certified as provided in R.S. 12:1317(C).  (7) A certified copy of the contract of partnership authorizing the execution of an act of mortgage filed for registry with the secretary of state.  (8) All other documentary evidence recognized by law as authentic evidence, including R.S. 9:5555, R.S. 10:9-629, and R.S. 13:3733.1 and 3733.2.  (9) A promissory note or other evidence of indebtedness evidencing the obligation secured by the mortgage, security agreement or privilege, containing an electronic signature in accordance with the Louisiana Uniform Electronic Transactions Act, R.S. 9:2601 et seq. and accompanied by a certification in accordance with R.S. 13:3733.2.  Amended by Acts 1982, No. 177, §1; Acts 1982, No. 185, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 1993, No. 475, §2, eff. June 9, 1993; Acts 2003, No. 1072, §1; Acts 2011, No. 90, §1; Acts 2012, No. 505, §2; Acts 2014, No. 440, §3, eff. July 1, 2014; Acts 2015, No. 84, §1.
LA Code Civ Pro art. 2637 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2637. Evidence which need not be authentic

  A. Evidence as to the proper party defendant, or as to the necessity for appointing an attorney at law to represent an unrepresented defendant, or of any agreement to extend or modify the obligation to pay or of written notification of default, or of the breach or occurrence of a condition of the act of mortgage, or of the security agreement, or privilege securing the obligation, or of advances made by the holder of a collateral mortgage note or note for future advances, or of an obligation secured under Chapter 9 of the Uniform Commercial Code, need not be submitted in authentic form. These facts may be proved by the verified petition, or supplemental petition, or by affidavits submitted therewith.  B. If a mortgage sought to be enforced secures the repayment of any advances for the payment of taxes, insurance premiums, or special assessments on, or repairs to, or maintenance of, the property affected by the mortgage or security agreement, the existence, date, and amount of these advances may be proved by the verified petition, or supplemental petition, or by affidavits submitted therewith.  C. If a mortgage sought to be enforced is a collateral mortgage, or if the conventional mortgage or security agreement sought to be enforced secures multiple or future indebtedness of the debtor, the existence of the actual indebtedness may be proved by verified original or supplemental petition, or by an affidavit submitted with the original or supplemental petition, along with the original or reproduction of the note, bond, handnote, or other evidence representing the actual indebtedness, attached as an exhibit. A reproduction of the note, bond, handnote, or other evidence representing the actual indebtedness shall be certified by a representative of a financial institution pursuant to the provisions of R.S. 13:3733.1(E).  D. Evidence of a name change, merger, purchase and assumption, or similar disposition or acquisition, of a financial or lending institution may be proved by a verified petition or supplemental petition, or by an affidavit or affidavits submitted therewith by an appropriate officer of the successor entity.  E. Evidence of the name change or death of any party need not be submitted in authentic form, but may be proved by verified petition or supplemental petition, or by affidavit submitted therewith.  F. Evidence as to the proper party plaintiff entitled to enforce the obligation secured by the note, bond, handnote, or other instrument, including those that are electronically signed, evidencing the obligation of which a copy or reproduction is submitted in accordance with Article 2636(8) or Paragraph C of this Article, may be proved by verified original or supplemental petition, or by an affidavit submitted therewith.  Acts 1983, No. 185, §1; Acts 1987, No. 408, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 1989, No. 161, §1, eff. June 22, 1989; Acts 2014, No. 440, §3, eff. July 1, 2014; Acts 2015, No. 84, §1.
LA Code Civ Pro art. 2638 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2638. Order for issuance of writ of seizure and sale

If the plaintiff is entitled thereto, the court shall order the issuance of a writ of seizure and sale commanding the sheriff to seize and sell the property affected by the mortgage or privilege, as prayed for and according to law.
LA Code Civ Pro art. 2640 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2640. Citation unnecessary; service of demand for payment

Citation is not necessary in an executory proceeding. Acts 2006, No. 498, §1.
LA Code Civ Pro art. 2641 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2641. Service upon, and seizure and sale prosecuted against, attorney for unrepresented defendant

In all cases governed by Article 2674, all demands, notices, and other documents required to be served upon the defendant in an executory proceeding shall be served upon the attorney at law appointed by the court to represent him, against whom the seizure and sale shall be prosecuted contradictorily.
LA Code Civ Pro art. 2642 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2642. Assertion of defenses; appeal

  A. Defenses and procedural objections to an executory proceeding may be asserted either through an injunction proceeding to arrest the seizure and sale as provided in Articles 2751 through 2754, or a suspensive appeal from the order directing the issuance of the writ of seizure and sale, or both.  B. A suspensive appeal from an order directing the issuance of a writ of seizure and sale shall be taken within fifteen days of service of the notice of seizure as provided in Article 2721. The appeal is governed by the provisions of Articles 2081 through 2086, 2088 through 2122, and 2124 through 2167, except that the security therefor shall be for an amount exceeding by one-half the balance due on the debt secured by the mortgage or privilege sought to be enforced, including principal, interest to date of the order of appeal, and attorney fees, but exclusive of court costs.  Amended by Acts 1964, No. 4, §1; Acts 2016, No. 132, §1.
LA Code Civ Pro art. 2643 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2643. Third person claiming mortgage, security interest, or privilege on property seized

A third person claiming a mortgage, security interest, or privilege on the property seized in an executory proceeding may assert his right to share in the distribution of the proceeds of the sale of the property by intervention, as provided in Article 1092. The intervention shall be served as provided in Article 1093 and shall be tried summarily. Amended by Acts 1962, No. 92, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 2644 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2644. Conversion to ordinary proceeding

The plaintiff in an executory proceeding may convert it into an ordinary proceeding by amending his petition so as to pray that the defendant be cited and for judgment against him on the obligation secured by the mortgage or privilege. The plaintiff in an ordinary proceeding may not convert it into an executory proceeding.
LA Code Civ Pro art. 2671 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2671. Proceeding against surviving spouse in community

When a mortgage, security interest, or privilege has been granted on community property to secure an obligation of the community, and one of the spouses in community has died subsequently, an executory proceeding to enforce the mortgage, security agreement, or privilege may be brought against the surviving spouse in community. It shall not be necessary to make the succession representative, heirs, or legatees of the deceased spouse parties to the proceeding. Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 2672 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2672. Proceeding against heirs or legatees

When the original debtor is dead, and his heirs or legatees have accepted his succession, the executory proceeding may be brought against his heirs or legatees. If an heir or legatee is dead, incompetent, or absent, his heirs, legatees, succession, or legal representative may be made a party defendant to the executory proceeding as provided above and in Articles 2673 and 2674, as the case may be.
LA Code Civ Pro art. 2673 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2673. Proceeding against legal representative

When the property of the original debtor is under the administration of a legal representative, the executory proceeding may be brought against his legal representative, and no other person need be made a party to the proceeding.
LA Code Civ Pro art. 2674 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2674. Attorney appointed to represent unrepresented defendant

The court shall appoint an attorney at law to represent the unrepresented defendant in an executory proceeding under the following circumstances:  (1) When the defendant is an absentee;  (2) When the debtor is dead, no succession representative has been appointed, and his heirs and legatees have not been sent into possession;  (3) When the debtor's property is under the administration of a legal representative, but the latter has died, resigned, or been removed from office, and no successor thereof has qualified;  (4) When the defendant is a corporation or a partnership upon which process cannot be served for any reason; and  (5) When the defendant is a minor, or a mental incompetent, who has no legal representative at the time of the institution of the proceeding.
LA Code Civ Pro art. 2675 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2675. Case falling within application of two or more articles; plaintiff may bring proceeding under any applicable article

If a case falls within the provisions of two or more of Articles 2671 through 2674, the plaintiff may bring the executory proceeding under any applicable article.
LA Code Civ Pro art. 2701 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2701. Alienation of property to third person disregarded

A mortgage or privilege evidenced by authentic act importing a confession of judgment, affecting property sold by the original debtor or his legal successor to a third person, may be enforced against the property without reference to any sale or alienation to the third person. The executory proceeding may be brought against the original debtor, his surviving spouse in community, heirs, legatees, or legal representative, as the case may be. The third person who then owns and is in possession of the property need not be made a party to the proceeding.
LA Code Civ Pro art. 2702 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2702. Rights of third person who has acquired property and assumed indebtedness

When property sold or otherwise alienated by the original debtor or his legal successor has been seized and is about to be sold under executory process, a person who has acquired the property and assumed the indebtedness secured by the mortgage or privilege thereon may:  (1) Pay the balance due on the indebtedness, in principal, interest, attorney's fees, and costs; or  (2) Arrest the seizure and sale on any of the grounds mentioned in Article 2751.
LA Code Civ Pro art. 2703 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2703. Rights of third possessor

When property sold or otherwise alienated by the original debtor or his legal successor has been seized and is about to be sold under executory process, a person who has acquired the property subject to the mortgage or privilege thereon and who has not assumed the payment of the indebtedness secured thereby may:  (1) Pay the balance due on the indebtedness, in principal, interest, attorney's fees, and costs;  (2) Arrest the seizure and sale on any of the grounds mentioned in Article 2751, or on the ground that the mortgage or privilege was not recorded, or that the inscription of the recordation thereof had perempted; or,  (3) Intervene in the executory proceeding to assert any claim which he has to the enhanced value of the property due to improvements placed on the property by him, or by any prior third possessor through whom he claims ownership of the property. This intervention shall be a summary proceeding initiated by a petition complying with Article 891.
LA Code Civ Pro art. 2721 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2721. Seizure of property; notice

  A. The sheriff shall seize the property affected by the mortgage, security agreement, or privilege immediately upon receiving the writ of seizure and sale.  B. The sheriff shall serve upon the defendant a written notice of the seizure of the property. Such notice of seizure shall be accomplished by personal service or domiciliary service. The notice of seizure shall reproduce in full the provisions of Article 2642 and include information concerning the availability of housing counseling services, as well as the time, date, and place of the sheriff's sale, in accordance with the form provided in R.S. 13:3852(B).  C. The sheriff shall have no liability to the debtor or to any third party for wrongful or improper seizure of the debtor's or third party's property of the same general type as described in the debtor's security agreement. If necessary, the sheriff shall request the secured creditor to identify the property subject to the security agreement and shall act pursuant to the secured creditor's instructions. The debtor's and other owner's sole remedy for the wrongful or improper seizure of the property shall be for actual losses sustained under R.S. 10:9-625 against the secured creditor on whose behalf and pursuant to whose instructions the sheriff may act.  Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 2001, No. 128, §17, eff. July 1, 2001; Acts 2006, No. 498, §1; Acts 2013, No. 339, §2; Acts 2016, No. 132, §1; Acts 2021, No. 259, §2.
LA Code Civ Pro art. 2722 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2722. Advertisement of sale

After the seizure of the property, the sheriff shall proceed to advertise the sale of the property, in accordance with the provisions of the first paragraph of Article 2331.
LA Code Civ Pro art. 2723 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2723. Appraisal of property, unless waived

Prior to the sale, the property seized must be appraised in accordance with law, unless appraisal has been waived in the act evidencing the mortgage, the security agreement, or the document creating the privilege and plaintiff has prayed that the property be sold without appraisal, and the order directing the issuance of the writ of seizure and sale has directed that the property be sold as prayed for. There is no requirement that seized property subject to a security interest under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), be appraised prior to the judicial sale thereof.  Acts 1989, No. 137, §18, eff. Sept. 1, 1989.