RS 9:4422 Obligations secured by mortgages or privileges; signatures and writings deemed authentic for purposes of foreclosure - Louisiana Statutes

§4422.  Obligations secured by mortgages or privileges; signatures and writings deemed authentic for purposes of foreclosure

The following shall apply when foreclosure by executory process is instituted by the transferee, assignee, or pledgee of any negotiable instrument or instrument that would be negotiable but for a limitation of personal liability of the maker or any comaker secured by a mortgage or privilege:

(1)  All signatures of the following persons or entities are presumed to be genuine and no further evidence is required of those signatures for the purposes of executory process: endorsers, guarantors, and other persons whose signatures appear on or are affixed to such instrument secured by the mortgage or privilege.

(2)  The assignment, pledge, negotiation, or other transfer of any obligation secured by a mortgage or privilege may be proven by any form of private writing, and such writing shall be deemed authentic for the purposes of executory process.

(3)  The holder of any negotiable instrument or instrument that would be negotiable but for a limitation of personal liability to the maker or any comaker under this Section may enforce the mortgage or privilege securing such instrument without authentic evidence of the signatures, assignment, pledge, negotiation, or transfer thereof.

Acts 1989, No. 292, §1.