Neither the mortgagor nor a third person may claim that the mortgage is extinguished or is unenforceable because the obligation the mortgage secures is extinguished or is unenforceable unless the obligor may assert against the mortgagee the extinction or unenforceability of the obligation that the mortgage secures.
Article 3296 active cc book
Right of mortgagor to raise defenses ACTIVE
Actions
References
None.
Cited by
None.
History
- enactment Acts 1991, No. 652, §1, eff. Jan. 1, 1992