§ Art. 2372 Sale subject to superior real charge or lease

Codes > Louisiana Code of Civil Procedure > Book I > Title II : Chapter 3 > Art. 2372

Art. 2372. Sale subject to superior real charge or lease

    The property is sold subject to any real charge or lease with which it is burdened, superior to any security interest, mortgage, lien, or privilege of the seizing creditor.

    LEGISLATIVE INTENT--ACTS 1989, NO. 137

    Acts 1989, No. 137, § 18 of which amended this article, affected numerous articles of the Civil Code and the Code of
Civil Procedure and sections of various Titles of the Revised Statutes. Section 20 of Act 137 provides: 

    “It is the intent of the Legislature in enacting this Act to amend the preexisting Louisiana security device laws to
accompany and accommodate implementation of Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.) as
previously enacted under Act 528 of 1988. It is further the intent of the legislature that these preexisting Louisiana laws,
including without limitation the various statutes and code articles amended and reenacted under this Act, not be expressly or impliedly repealed by Chapter 9 of the Louisiana Commercial Laws, but that such laws remain in effect and be applied to
preexisting secured transactions and, at times when so provided, be applied to secured transactions subject to Chapter 9 of the Louisiana Commercial Laws.”