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Bui v. Raza Ali Mughal, NTR, Inc.

Court of Appeals of Louisiana, Second Circuit

February 27, 2019

ANDY LONG DUC BUI and THANG VAN BUI Plaintiffs-Appellants
v.
RAZA ALI MUGHAL, NTR, INC., TONY E. SABA and TAMARA H. VARTAINIAN SABA Defendants-Appellees

          Appealed from the Eighth Judicial District Court for the Parish of Winn, Louisiana Trial Court No. 45, 563 Honorable Jacque D. Derr, Judge

          SHUEY SMITH, LLC By: Richard E. Hiller Counsel for Appellants

          BETHARD & BETHARD, L.L.P. By: Benjamin T. Bethard Counsel for Appellees, Tony E. Saba and Tamara H. Vartainian Saba

          JAMES E. CALHOUN Counsel for Appellees, Raza Ali Mughal and NTR, Inc.

          Before PITMAN, STONE, and McCALLUM, JJ.

          PITMAN, J.

         Plaintiffs Andy Long Duc Bui and Thang Van Bui appeal the judgment of the trial court sustaining an exception of no cause of action filed by Defendants Tony E. Saba and Tamara H. Vartainian Saba, which was filed in response to a petition to revoke a sale of immovable property. The sale of the property took place prior to the recordation of Plaintiffs' judgment against other codefendants who sold the property to Defendants. For the following reasons, we affirm the judgment of the trial court.

         FACTS

         In October 2013, Plaintiffs sold all of their shares of stock in Bui Enterprises, Inc., d/b/a Lo Mart Supermarket, to Raza Ali Mughal for $200, 000. Mughal executed a promissory note in the amount of $178, 618, which was payable over 37 months. He defaulted on the monthly payments; and, on June 2, 2016, Plaintiffs filed suit in Bossier Parish against him ("the Mughal Suit"). A curator was appointed to represent Mughal, who could not be located; and, after several attempts to notify him, the matter was set for a hearing. A default judgment was rendered against him on November 14, 2016, in the amount of $136, 272.50, together with interest and court costs ("the Mughal Judgment").

         After the Mughal Judgment was rendered, Plaintiffs became aware that Mughal owned two pieces of property in Winnfield, Winn Parish, Louisiana, which were assessed in his name. They filed a suit in Winn Parish to make the Mughal Judgment executory and for a writ of fieri facias ("writ of fifa") to be issued. An order granting the writ of fifa was signed by the trial court on May 3, 2017, commanding that the sheriff of Winn Parish seize and sell the two tracts of property: 1) a .45-acre piece of land at municipal address of 1829 South Jones Street, on which was located a convenience/grocery store ("the Jones Street Property"); and 2) Mughal's house at 215 Faith Drive ("the Mughal House"). A notice of seizure was issued and a sheriff's sale on both pieces of property was set for July 19, 2017.

         Prior to the sheriff's sale, Plaintiffs reached an agreement with Mughal to release the Mughal House from the order of seizure and granted a partial release of the Mughal Judgment only insofar as it affected his home.

         Also prior to the sheriff's sale, Plaintiffs became aware that Mughal no longer owned the Jones Street Property, so they cancelled the sheriff's sale and ordered an abstract of title on that property, which revealed the following entries concerning the chain of title:

On April 19, 2011, Mughal's company, NTR, donated, via act of donation to Mughal, the Jones Street Property. This donation was recorded April 25, 2011.
Also on April 19, 2011, but not recorded until May 16, 2016, Mughal donated the Jones Street ...

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