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      CCP 2701     

  

CHAPTER 3.  PROCEEDINGS WHEN PROPERTY IN

POSSESSION OF THIRD PERSON

Art. 2701.  Alienation of property to third person disregarded

A mortgage or privilege evidenced by authentic act importing a confession of judgment, affecting property sold by the original debtor or his legal successor to a third person, may be enforced against the property without reference to any sale or alienation to the third person.  The executory proceeding may be brought against the original debtor, his surviving spouse in community, heirs, legatees, or legal representative, as the case may be.  The third person who then owns and is in possession of the property need not be made a party to the proceeding.



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