§ Art. 2637 Evidence which need not be authentic
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 Louisiana Commercial Laws, 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 on movable or immovable property, or if the security agreement sought to be enforced secured multiple or other and future indebtedness of the debtor, the existence of the actual indebtedness may be proved by the verified petition or supplemental petition, with the handnote, handnotes, or other evidence representing the actual indebtedness attached as an exhibit to the petition.
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.
LEGISLATIVE INTENT--ACTS 1989, NO. 137
Acts 1989, No. 137, § 18 of which amended this article, affected numerous articles of the Civil Code and the Code of
Civil Procedure and sections of various Titles of the Revised Statutes. Section 20 of Act 137 provides
“Section 20. It is the intent of the Legislature in enacting this Act to amend the preexisting Louisiana security device laws to accompany and accommodate implementation of Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.) as previously enacted under Act 528 of 1988. It is further the intent of the legislature that these preexisting Louisiana laws, including without limitation the various statutes and code articles amended and reenacted under this Act, not be expressly or impliedly repealed by Chapter 9 of the Louisiana Commercial Laws, but that such laws remain in effect and be applied to preexisting secured transactions and, at times when so provided, be applied to secured transactions subject to Chapter 9 of the Louisiana Commercial Laws.”
ACTS 1989, NOS. 137 AND 161
Prior to amendment by Acts 1989, No. 137, § 18 and Acts 1989, No. 161, § 1, this article contained pars. A to F. The title of Act 137 and the enacting clause of § 18 thereof reflected an intent to amend and reenact this article in its entirety; the text of this article as set forth in § 18 contained pars. A, B, and C. Act 161 amended par. F of this article and added a new par.
G. Act 137, § 18 became effective September 1, 1989, and Act 161 became effective June 22, 1989 upon signature by the governor. Pursuant to the statutory revision authority of the Louisiana State Law Institute, pars. A, B, and C were printed as set forth in Act 137, and pars. F and G as set forth in Act 161 were redesignated as pars. D and E.
Prior to the 1989 amendments, this article provided:
“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 privilege maturing the obligation, or of advances made by the holder of a collateral mortgage note or note for future advances, 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, 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 on movable or immovable property, the existence of the actual indebtedness may be proved by the verified petition or supplemental petition, with the handnote, handnotes, or other evidence representing the actual indebtedness attached as an exhibit to the petition.
“D. A presumption of the judicial acceptance of the succession of the debtor by his heirs or legatees is established by a certified copy of the judgment of possession, recognizing these heirs or legatees and sending them into possession of the property of the deceased.
“E. A presumption of the administration of the property by the legal representative of the debtor at the time of the
institution of the executory proceedings is established by a certified copy of the letters issued by the court which has
appointed or confirmed the legal representative.
“F. Evidence of a name change or merger 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.”