4.5 Assessing Likelihood of Victory

When determining whether to litigate, ask whether there are any defenses apparent on the face of the record.

• Does the court have jurisdiction and is venue proper? This is not a problem if the lawsuit is brought in the state judicial district court in the parish where the property is located.
• If the lawsuit is brought using executory process, is there an act importing a confession of judgment and is the necessary authentic evidence submitted with the petition in accordance with the La . C.C.P. art. 2635?

Also consider whether the homeowner has a genuine defense that will result in a dismissal of the lawsuit with prejudice. Examples include (1) extinguishment by payment or prescription of the debt secured by the mortgage; (2) prematurity or an attempt to enforce a debt not yet due; (3) a forged instrument or signature, obtained through, fraud, violence, or other unlawful means; and (4) compensation/offset of a liquidated claim against the seizing creditor.