- 15 -
percent interest. The mortgage payment was $1,880.56 per month.
The 1995 mortgage payments were made by checks signed by Sandra
drawn on Premier Bank account number 5101023648. See infra table
5. The interest portion of these 1995 mortgage payments
aggregated $10,133. See supra note 2, as to respondent’s
concessions.
Both the act of sale and the mortgage on the Metairie Court
property were recorded in the Jefferson Parish conveyance records
on March 28, 1995. Unlike the act of sale for the Newman
property, the Metairie Court property act of sale did not have
attached to it a copy of the marriage contract. Rather, the
Metairie Court property act of sale states as follows:
MICHAEL JOSEPH DOWNING, a person of the full age of majority
and a resident of the Parish of JEFFERSON, State of
LOUISIANA, who, declared unto me, Notary, that he has been
married but once and then to Sandra Martinolich, with whom
he is presently living and residing, and with whom he is
separate in property by virtue of a marriage contract dated
July 12, 1989, and annexed to act recorded as Act No. 91-
44488, in the Parish of Jefferson, Louisiana, [the Newman
property act of sale]
Mailing Address: 2117 METAIRIE COURT PARKWAY, METAIRIE, LA
70001
here present accepting and purchasing for himself, his heirs
and assigns, and acknowledging due delivery and possession
thereof, all and singular the following described property
to-wit:
The Metairie Court property mortgage includes a similar
reference; the mortgage also does not have attached to it a copy
of the marriage contract.
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