Wesley M. Plaisance

Regional Tax Sale and Quiet Title Litigation Practice Across Louisiana

Wesley M. Plaisance is a Partner in the New Orleans office of Breazeale, Sachse & Wilson, L.L.P. where he heads the Tax Sale and Quiet Title Litigation Group and practices other commercial litigation with a focus on real estate related litigation. Wesley M. Plaisance regularly handles tax sale litigation across Louisiana including without limitation in the following parishes: Orleans, East Baton Rouge, St. Tammany (including Covington, Mandeville and Slidell), Jefferson, Lafayette, Iberia, Caddo, Livingston, Plaquemines and Lafourche. Mr. Plaisance represents tax sale purchasers in suits to confirm tax sale title(s) and ownership with and/or without cancellation of mortgages and other encumbrances, in settlement of tax sale litigation matters and in partition proceedings commenced after a tax sale purchaser confirms only a fractional ownership interest.

Mr. Plaisance has extensive experience in representing tax debtors, landowners, mortgage holders including banks and other interested parties in actions to annul and/or nullify tax sales and adjudication sales. Mr. Plaisance has successfully litigated complex commercial litigation matters arising out of large investment funds created to purchase tax sale certificates and/or tax sale deeds in Louisiana, Georgia, Indiana and Florida.

Numerous Tax Sale Transactions Including With Title Insurance

Mr. Plaisance is a resource for tax sale purchasers to buy or sell interest under tax sale certificates/deeds to other investors and has assisted his clients in the acquisition and/or sale of numerous tax sale deeds/certificates in Louisiana. Mr. Plaisance assists his clients in navigating the sale of immovable property with title insurance after confirmation of the tax sale certificates/deeds. 

Real Estate and Succession Litigation

Mr. Plaisance has also represented clients in a wide variety of business related disputes including real estate ownership/title litigation, co-ownership litigation, partition proceedings, acquisitive prescription litigation including 3 year acquisitive prescription over blighted property under Louisiana Revised Statute § 9:5633, purchase agreement and option litigation, contract and lease litigation, unfair competition and trade practices, summary proceedings commenced by rule for alleged nonpayment of taxes and other disputes, actions for a Writ of Mandamus and construction disputes. Mr. Plaisance also has a large succession practice and regularly handles succession administration and succession litigation matters for his clients, especially involving the sale of real estate and creditor's rights.

Additionally, Mr. Plaisance has also represented clients in business transactions including but not limited to preparation of operating agreements in connection with the formation of companies and in preparation of contracts such as agreements for the purchase and sale of assets, leases, joint venture agreements, device placement agreements, revenue sharing agreements, employment agreements and non-solicitation and non-competition agreements.

Mr. Plaisance graduated magna cum laude from Loyola University New Orleans College of Law where he was a member of the Loyola Law Review. In addition, Mr. Plaisance served as an extern for the Honorable Kurt D. Engelhardt in the United States District Court for the Eastern District of Louisiana. Prior to law school, Mr. Plaisance earned his Bachelor of Science degree in Biological Engineering from Louisiana State University, cum laude.

Practice Areas

• Real Estate
• Gaming
• Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
• Commercial Litigation
• Tax Sale and Quiet Title Litigation

Education

Loyola University New Orleans College of Law, J.D., magna cum laude

Louisiana State University, B.S. in Biological Engineering, cum laude

Admissions

Louisiana

United States District Court - Eastern, Middle and Western Districts of Louisiana

United States Court of Appeals for the Fifth Circuit

Honors and Awards

Ranked in Chambers USA: America's Leading Lawyers for Business for Louisiana, 2015

Named a "Rising Star" by Louisiana Super Lawyers, 2014, 2015, 2016, 2017

Named "Top Lawyers of New Orleans" by New Orleans Magazine in Real Estate Law

AV^® Preeminent^TM Peer Review Rated.

Loyola Law Review, Member

William L. Crowe, Sr. Scholar, Loyola University of New Orleans College of Law

Publications

Presentations

Representative Matters

Surcouf v. Darling, 177 So. 3d 1085 (La. App. 4th Cir. 10/21/15). Obtained favorable appellate ruling in a case of first impression in the tax sale arena.

Philnola LLC v. Manganello, 184 So. 3d 148 (La. App. 5th Cir. 12/23/15). Obtained reversal of Trial Court judgment in favor of tax sale purchaser which confirmed its 100% ownership of certain immovable property.

Successful defense of a bank in a tax sale confirmation action to preserve its mortgage over and the borrower’s full ownership of valuable commercial property in the 15th Judicial District Court for the Parish of Lafayette.

Successfully obtained rescission of adjudication sale by the City of New Orleans despite a title policy being issued in favor of the purchaser insuring the substantial purchase price and title in its favor.

Successful representation of a Florida-based tax sale investment fund in tax sale confirmation actions.

Representation of Colorado tax sale purchaser and its affiliated companies in various tax sale litigation matters and settlement of tax sale purchaser claims.

Obtained judgments of 100% ownership of numerous properties for Florida tax sale investment company and judgments of eviction after trial on the merits.

Successful defense in a tax sale confirmation action filed in 15th Judicial District Court for the Parish of Lafayette where a Nebraska tax sale investment company sought ownership of valuable commercial property and cancellation of a mortgage held by St. Martin Bank & Trust.

Obtained Writ of Mandamus adverse to the Sheriff for the Parish of Jefferson after trial on the merits.

Representation of tax sale investment family of companies in numerous tax sale litigation matters in the 19th Judicial District Court for the Parish of East Baton Rouge.

Representation of real estate wholesaler in various real estate litigation and transaction matters.

Representation of real estate developer in various real estate litigation, succession, partition, and real estate related transactional matters.

Representation of trust in various real estate transactions and eviction litigation matters.

Successful representation of tax sale investment company in tax sale confirmation actions and an expropriation proceeding adverse to the East Baton Rouge Parish Sewerage Commission in the 19th Judicial District Court for the Parish of East Baton Rouge.

Successful representation of truck stop facility applicant in obtaining a valuable Type V gaming license in consultation with the Louisiana State Police and the Attorney General’s Office and before the Louisiana Gaming Control Board as well as in various gaming compliance matters.

Representation of video poker device owner and operator in various licensing and regulatory matters and in administrative actions for alleged gaming law violations.

Successfully obtained summary judgment for specific performance forcing sale of the immovable property to buyer in Civil District Court for the Parish of Orleans.

Successful representation of tax sale purchaser in tax sale confirmation action filed in the 17th Judicial District Court for the Parish of Lafourche and thereafter in the favorable partition by litigation proceeding to cease co-ownership of immovable property.

Successful representation of retail shopping center owner and lessor in the purchase of commercial buildings and in various commercial lease transactions, including a lease adverse to The Sherwin Williams Company.

Successful representation of real estate lessor in numerous breach of lease and eviction actions as well as other real estate related litigation including possessory, petitory, trespass, injunction and encroachment actions.

Obtained various Writs of Mandamus cancelling mortgages and other encumbrances from the mortgage records in various parishes to clear title to immovable property.

Successful defense of acquisitive prescription claims under 30 year, 10 year and 3 year (Louisiana Revised Statute § 9:5633/blighted immovable property) acquisitive prescription.