42, 48-60, 108 S.Ct. 2250, 2255, 101 L.Ed.2d 40 (1988); Daniel v. Ferguson, 839 F.2d 1124, 1128 (5th Cir.1988); Flagg Brothers, Inc. v. Brooks, 436 U.S. 149, 155, 98 S.Ct. 1729, 1733, 56 L.Ed.2d 185 (1978). To constitute state action, the deprivation must.be caused by the exercise of some right or privilege created by the State or by a person for whom the State is responsible. The party charged with the. deprivation must be a person who may fairly be said to be a state actor. Lugar v. Edmondson Oil Co., 457 U.S. 922, 937, 102 S.Ct. 2744, 2753, 73 L.Ed.2d 482 (1982); West v. Atkins, 487 U.S. at 48-50, 108 S.Ct. at 2255. Merely pursuing foreclosure proceedings under state law does not make Merchants & Farmers Bank a state actor. Earnest v. Lowentritt, 690 F.2d 1198, 1201 (5th Cir.1982) (<HOLDING>). Furthermore, in order to state a claim under
holding that foreclosure of a prior mortgage extinguished a declaration of condominium and interests in a parking lot that were subject to the mortgage holding that foreclosure of prior mortgage extinguished second mortgage holding that despite foreclosure judgment providing that the holder of a junior mortgage had no interest in or lien on or claim to said premises the lack of foreclosure sale meant that the junior mortgage was not extinguished holding that debtors allegation that mortgage holder failed to provide him with the statutorily required notice of foreclosure was sufficient to state a claim for wrongful foreclosure holding that the initiation of foreclosure proceedings pursuant to a mortgage implicates no authority of state law