FROM THE THIRTY-SIXTH JUDICIAL DISTRICT COURT PARISH OF
BEAUREGARD, NO. C-2015-0268 HONORABLE C. KERRY ANDERSON,
Simmons Sandoz Attorney at Law COUNSEL FOR
DEFENDANT/APPELLEE: Charla Durham
Stephanie Marie Ackal Stephanie Ackal, LLC COUNSEL FOR
INTERVENOR/CROSS-APPELLANT: Mortgage Electronic Registration
W Arabie Arabie Law Firm COUNSEL FOR PLAINTIFFS/APPELLANTS:
Gene Mayo Carolyn Mayo
A. Jones Wiener, Weiss & Madison COUNSEL FOR
PLAINTIFF/APPELLANT: International Fidelity Insurance Company
Durham In Proper Person Ricky L. Moses, Sheriff of Beauregard
Parish In Proper Person
composed of Ulysses Gene Thibodeaux, Chief Judge, Shannon J.
Gremillion, and Candyce G. Perret, Judges.
SHANNON J. GREMILLION JUDGE.
notion of avoiding bail obligations conjures images of
desperate fugitives fleeing justice; the bondsperson avoiding
those obligations would seem far more rare, yet that is
apparently the backdrop on which this drama has played out.
All parties to this action to make executory a foreign
judgment and to execute upon the same are appealing the trial
and David Durham purchased a piece of real estate in
Beauregard Parish in June 2014. In December 2014, the Durhams
entered into an agreement that was approved by the district
court to dissolve their community property regime.
Particularly relevant to this matter are Articles XVIII and
XIX of the covenant, which provide:
Charla Durham also acknowledges that her debt is her separate
obligation. She further waives and denounces any interest she
may have or may have acquired in the future in David Lynn
Durham's separate property, including, but not limited to
the immovable property described as Lot Three (3) of Harmony
Hills Subdivision in Beauregard Parish, Louisiana which bears
a municipal address of 1217 Harmony Lane; any interest from
any assets or investments; any fruits of any of David Lynn
Durham's separate property.
DAVID LYNN DURHAM will maintain his separate
checking account at City Savings Bank (#1682814) as well as
his separate Boise Credit Union account. He will keep any and
all interest he has in his IRA's, 401K, retirement
accounts, stocks, bonds or other assets that he had before
the marriage. He will retain the immovable property described
as Lot Three (3) of Harmony Hills Subdivision in Beauregard
Parish, Louisiana, which bears a municipal address of 1217
Harmony Lane, as his separate property and retain the debt
for the same as his own. He will further retain the 2013
Cadillac CTS and the 2014 Chevrolet Silverado as his separate
property and shall retain all debt for the same. He will
further retain all income attributable to him along with all
January 2015, International Fidelity Insurance Company
obtained a judgment in New Jersey against Charla for $122,
695.39, allegedly arising from Charla's activities as a
bail bondsperson. International Fidelity obtained an April
2015 order in Louisiana recognizing the New Jersey judgment.
When it learned of the dissolution of the Durhams'
community property regime, International Fidelity filed a
lawsuit to annul the dissolution in September 2015.
December 2015, the Durhams jointly sold the property to the
Mayos. The Mayos had borrowed the money to purchase the home
from Mortgage Electronic Registration System, Inc. (MERS) and
granted MERS a mortgage on the property to secure the loan.
The Mayos and MERS had obtained a title opinion that opined
that David Durham was the sole owner of the property.
September 2016, the Durhams and International Fidelity
reached a compromise in the suit to annul the community
property regime dissolution. Thereafter, International
Fidelity had the Beauregard Parish sheriff seize the
property. To petition the court to enjoin the seizure and
sale of the property, the Mayos and MERS intervened in the
suit to recognize the New Jersey judgment. Additionally, the
Mayos asserted a claim for damages for wrongful seizure of
trial court determined that because International Fidelity
had not filed a notice of lis pendens into the
mortgage records, the seizure of the property was improper.
The Mayos were recognized as the owners of the property in
question, subject to the mortgage in favor of MERS. The
Beauregard Sheriff was permanently enjoined from proceeding
with the sale. The trial court found that the demands of the
Mayos and MERS in their intervention to permanently enjoin