If you are facing foreclosure in Louisiana, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in Louisiana
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of Louisiana foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
|Common type of foreclosure process||Judicial, but most commonly is brought through an “executory” proceeding, which operates like a nonjudicial foreclosure. In the mortgage document, the homeowner will typically have “confessed to judgment” in case of a default. The foreclosing party files a foreclosure petition with the mortgage attached, and the court summarily orders the property seized and sold unless the homeowner appeals or brings a lawsuit asking the court to stop (enjoin) the proceeding (see Ch. 7).|
|Time to respond||Notice of sale is part of the petition that is posted on the property as notice of the executory proceeding.|
|Reinstatement of loan before sale||None|
|Redemption after sale||None|
|Special protections for foreclosures involving high-cost mortgages||None|
|Special state protections for service members||La. Rev. Stat. Ann. § 29:315|
|Deficiency judgments||Yes; can be gotten in an ordinary proceeding, or in an executory proceeding if the property has been properly appraised|
|Cash exempted in bankruptcy||None|
|Notice to leave after house is sold||Sheriff may seize property after receiving writ of seizure and sale from the court. No notice required. La. Code Civ. Proc. Ann. Art. 2721|
|Foreclosure statutes||La. Code Civ. Proc. Ann. Arts. 3721 to 3753, 2631 to 2772|