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United States District Court Rules on Sufficiency of Legal Description in Mortgage

In June of 2019, the United States District Court decided a bankruptcy appeal involving an error in a legal description of property subject to a mortgage. In re Leblanc, 2019 WL 2337101 (E.D. La. 6/3/19). In this case, the legal description correctly identified the property by both tax identification number and municipal address. But it incorrectly identified the property by stating the metes and bounds and lot number of an adjacent lot that the borrower had previously sold. In affirming the ruling of the Bankruptcy Court, the District Court held that the property description was insufficient to encumber the property vis-à-vis third parties. The opinion provides a succinct yet informative review of applicable Louisiana legislation and jurisprudence on this issue.

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Hansel Harlan

Prior to forming Harlan Law Firm, Hansel worked with another Law Firm, Phelps Dunbar in the Commercial Litigation Section. Mr. Harlan had a general national commercial litigation practice with a…

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