Art. 2643.Third Person Claiming Mortgage, Security Interest, Or Privilege On Property Seized

A seizure and sale in executory process often affects property carrying more than one mortgage, security interest, or privilege. Article 2643 gives a third person holding one of those competing claims — someone other than the plaintiff pursuing the seizure — a way to protect an interest in the proceeds once the property sells.

That mechanism is intervention under Article 1092, the general procedure for a nonparty to join pending litigation to assert its own interest. Article 2643 requires that intervention to be served under Article 1093 and tried summarily, consistent with the accelerated pace this chapter and Book V generally apply to executory-process disputes.

This article addresses a claimant to the proceeds of the sale, not a third possessor who has acquired ownership of the mortgaged property itself and stands in the original debtor's place. That related but distinct concept, and the special rules governing a proceeding against a third possessor, receive fuller treatment elsewhere in this chapter's later articles.