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SEC Resources, LLC v. 3006 Roberta, LLC

Court of Appeals of Louisiana, Fifth Circuit

May 23, 2018

SEC RESOURCES, LLC
v.
3006 ROBERTA, LLC AND THE SUCCESSION OF DEBRA DRETAR

          ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 773-651, DIVISION "C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLANT, SEC RESOURCES, LLC Ryan M. McCabe Charles L. Stern, Jr. Mark C. Landry

          COUNSEL FOR INTERVENOR/APPELLEE, REBECCA ROURKE Harry A. Rosenberg Christopher K. Ralston Arthur R. Kraatz Lillian M. Grappe

          Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Hans J. Liljeberg

          SUSAN M. CHEHARDY CHIEF JUDGE

         AFFIRMED

         SMC

          JGG

         HJL

         Plaintiff, SEC Resources, L.L.C., appeals the Twenty-Fourth Judicial District Court's October 19, 2017 judgment granting a preliminary injunction enjoining the judicial sale of property. For the reasons that follow, we affirm this judgment.

         FACTUAL AND PROCEDURAL HISTORY

         On November 6, 2014, Rebecca Rourke was placed into possession and full ownership of her parents' immovable property, the family home where she was residing, located at 3006 Roberta Street in Metairie, Louisiana ("the property").[1]Her parents had died testate in 2011.

         Five days later, on November 11, 2014, Ms. Rourke executed an Act of Cash Sale and sold the property to 3006 Roberta, L.L.C. ("3006 Roberta") for $117, 500.00. Debra Dretar, as the manager of 3006 Roberta, executed the sale on the L.L.C.'s behalf. On this same date, and in conjunction with this act of sale, Ms. Dretar executed three other instruments. She executed a Grant of Usufruct, wherein 3006 Roberta granted a usufruct over the property to Ms. Rourke for her lifetime. Ms. Rourke signed this instrument. Ms. Dretar executed a Certificate of Authority to Act for 3006 Roberta, which authorized Ms. Dretar to act on behalf of 3006 Roberta to purchase and mortgage the property. And Ms. Dretar, on behalf of 3006 Roberta, granted a mortgage on the property in favor of SEC Resources, L.L.C. ("SEC") in the amount of $117, 500.00, at issue in the instant foreclosure proceedings.

         Ms. Dretar passed away on January 18, 2016. Her brother, Kenneth Dretar, is the administrator of her estate and the ...


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