Art. 2637.Evidence Which Need Not Be Authentic

Book V. Summary and Executory Proceedings · Title II. Executory Proceedings · Chapter 1. General Dispositions · Last amended 2015 · Last verified July 30, 2026

In one sentenceArticle 2637 identifies categories of fact in an executory proceeding, such as the proper defendant, notice of default, agreed modifications, advances made under the note, and a party's name change or death, that a creditor may prove by verified petition or affidavit rather than by authentic act.

Full Text of Art. 2637

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A. Evidence as to the proper party defendant, or as to the necessity for appointing an attorney at law to represent an unrepresented defendant, or of any agreement to extend or modify the obligation to pay or of written notification of default, or of the breach or occurrence of a condition of the act of mortgage, or of the security agreement, or privilege securing the obligation, or of advances made by the holder of a collateral mortgage note or note for future advances, or of an obligation secured under Chapter 9 of the Uniform Commercial Code, need not be submitted in authentic form. These facts may be proved by the verified petition, or supplemental petition, or by affidavits submitted therewith.

B. If a mortgage sought to be enforced secures the repayment of any advances for the payment of taxes, insurance premiums, or special assessments on, or repairs to, or maintenance of, the property affected by the mortgage or security agreement, the existence, date, and amount of these advances may be proved by the verified petition, or supplemental petition, or by affidavits submitted therewith.

C. If a mortgage sought to be enforced is a collateral mortgage, or if the conventional mortgage or security agreement sought to be enforced secures multiple or future indebtedness of the debtor, the existence of the actual indebtedness may be proved by verified original or supplemental petition, or by an affidavit submitted with the original or supplemental petition, along with the original or reproduction of the note, bond, handnote, or other evidence representing the actual indebtedness, attached as an exhibit. A reproduction of the note, bond, handnote, or other evidence representing the actual indebtedness shall be certified by a representative of a financial institution pursuant to the provisions of R.S.13:3733.1(E).

D. Evidence of a name change, merger, purchase and assumption, or similar disposition or acquisition, of a financial or lending institution may be proved by a verified petition or supplemental petition, or by an affidavit or affidavits submitted therewith by an appropriate officer of the successor entity.

E. Evidence of the name change or death of any party need not be submitted in authentic form, but may be proved by verified petition or supplemental petition, or by affidavit submitted therewith.

F. Evidence as to the proper party plaintiff entitled to enforce the obligation secured by the note, bond, handnote, or other instrument, including those that are electronically signed, evidencing the obligation of which a copy or reproduction is submitted in accordance with Article 2636(8) or Paragraph C of this Article, may be proved by verified original or supplemental petition, or by an affidavit submitted therewith.

End

Amendment History

Amended by Acts 2015, No. 84, §1, eff. 8/1/2015. Amended by Acts 2014, No. 440, §3, eff. 7/1/2014. Acts 1983, No. 185, §1; Acts 1987, No. 408, §1; Acts 1989, No. 137, §18, eff. 9/1/1989; Acts 1989, No. 161, §1, eff. 6/22/1989.

Plain-English Summary

Not every fact behind an executory proceeding has to meet the authentic-evidence standard of Articles 2635 and 2636. Article 2637 carves out a list of facts that can instead be proved by a verified petition, a supplemental petition, or an affidavit — a sworn but non-notarized showing, lighter than an authentic act but still more than a bare, unverified allegation.

Paragraph A covers facts that tend to be procedural or evolve after the mortgage was signed: who the proper defendant is, whether an unrepresented defendant needs a court-appointed attorney, any agreement extending or modifying the obligation, written notice of default, a breach of a mortgage condition, advances made under a collateral mortgage note or a note for future advances, and obligations secured under the Uniform Commercial Code. None of these lend themselves to a fixed notarized document the way the original mortgage does, since they arise from events after the fact.

The remaining paragraphs extend the same approach to specific recurring situations: advances a mortgage secures for taxes, insurance, or repairs to the property; the actual amount of indebtedness under a collateral mortgage or a mortgage securing multiple or future debts, provable along with the underlying note attached as an exhibit; a financial institution's name change, merger, or similar reorganization; the name change or death of any party; and, where a copy or reproduction of the note is used under Article 2636 or Paragraph C, who the proper plaintiff is to enforce it.

The unifying idea is practical. Some facts cannot be captured in a notarized act signed at the time of the original mortgage, because they happen afterward or depend on circumstances that change over time. Article 2637 lets a verified pleading or affidavit fill that gap, so the authentic-evidence requirement does not stall a proceeding over facts no notarized document could have anticipated.

Frequently Asked Questions

Does every fact in an executory proceeding need authentic evidence?

No. Article 2637 lists specific facts, such as the proper defendant, notice of default, and advances made under the note, that may be proved by verified petition or affidavit instead.

How does a creditor prove a debtor defaulted or breached the mortgage?

By verified petition, supplemental petition, or affidavit. Article 2637(A) does not require notice of default or breach of a mortgage condition to be submitted in authentic form.

Can a financial institution's merger or name change be proved without a notarized document?

Yes. Article 2637(D) allows a name change, merger, purchase and assumption, or similar change to be proved by verified petition or by affidavit from an officer of the successor entity.

What if a party to the mortgage has died since it was signed?

Article 2637(E) lets the death of a party be proved by verified petition or affidavit, without requiring authentic-form evidence of it.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source

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