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A Louisiana couple is purchasing a home using a conventional mortgage. Under Louisiana's Civil Code framework and community property law, all of the following statements about their mortgage transaction are correct EXCEPT:

Correct Answer

D) The lender may foreclose through a non-judicial power-of-sale process if the mortgage includes such a clause

Option C is the false statement. Louisiana does not permit non-judicial foreclosure through a power-of-sale clause, regardless of whether such a clause is included in the mortgage. Louisiana's Civil Code mortgage system requires judicial foreclosure through the court system (executory or ordinary proceedings). A power-of-sale clause in a Louisiana mortgage would be unenforceable because the legal framework for non-judicial foreclosure does not exist under Louisiana's civilian property law.

Answer Options
A
The mortgage creates a nonpossessory security right over the immovable property
B
The mortgage must be executed before a notary public to be valid and recordable
C
If the property is community property, both spouses must sign the mortgage
D
The lender may foreclose through a non-judicial power-of-sale process if the mortgage includes such a clause

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Related Topics & Key Terms

Key Terms:

mortgagepower_of_salejudicial_foreclosurecommunity_propertynotarial_actreverse_question

Related Concepts

Usury is the practice of charging an interest rate that exceeds the maximum rate permitted by state law. Usury laws protect borrowers from excessive interest charges on loans.

A VA loan is a mortgage guaranteed by the Department of Veterans Affairs available to eligible veterans, active-duty service members, and surviving spouses. It offers no down payment and no private mortgage insurance requirements.

An adjustable-rate mortgage (ARM) has an interest rate that changes periodically based on market conditions, typically after an initial fixed-rate period. The rate adjustment is tied to a financial index plus a margin.

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