RS 9:5302
A fiduciary may be named as mortgagee in trust for creditors, and the fiduciary must be appointed as special attorney-in-fact for the holders of the secured obligations.
- Creditors
- Fiduciary
- Mortgage
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46,252 statutes · page 2303 of 2313
United States — Louisiana legislation
20 statutes shown from 46,252 source-backed records
A fiduciary may be named as mortgagee in trust for creditors, and the fiduciary must be appointed as special attorney-in-fact for the holders of the secured obligations.
Holders of the obligations have a common, indivisible interest and may share pro rata in mortgage-sale proceeds if the mortgage is enforced.
If there is default, the fiduciary may enforce the mortgage by seizure, sale, or other means. The mortgagor may also restrict the fiduciary’s right to foreclose or sell.
Mortgage-secured notes, bonds, or other obligations do not have to be paraphed if the mortgage act identifies them by date, number, amount, and due date.
An act of mortgage may include a pledge of incorporeal movables and may provide for their deposit with the fiduciary.
Laws about substitutions, fidei commissa, or trust dispositions do not apply to conventional mortgages made under this Part.
This section defines “Instrument” and “Rural Property” for this part of the law.
This section was repealed.
This section was repealed by Acts 1995, No. 1201, §6.
Prepayment penalties on rural-property mortgage debt are capped, and none may be charged after five years.
This Part does not apply to certain instruments secured by a conventional mortgage on rural property when they are stated to be consumer credit transactions under the Louisiana Consumer Credit Law.
This section was repealed.
This section was repealed effective July 1, 2001.
This section was repealed.
This section was repealed, effective July 1, 2001.
Section 9:5352.1 is repealed.
Section 9:5353 is repealed.
This section was repealed.
This section was repealed.
This section was repealed effective July 1, 2001.
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