Summary of Louisiana's Foreclosure Laws

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.

Topic	State Rule
Most common type of foreclosure process	Judicial, but most common process is 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. Upon 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 contained in the petition, which is posted on the property. Once court issues writ of seizure, notice of seizure is published at least twice and not less than three days after the debtor has been served with the notice.
Reinstatement of loan before sale	Not available
Redemption after sale	Not available
Special protections for foreclosures involving high-cost mortgages	None
Special state protections for service members	La. Rev. Stat. Ann. § 29:315
Deficiency judgments	Allowed; can be obtained in an ordinary proceeding or in an executory proceeding if the property was properly appraised
Cash exempted in bankruptcy	None
Notice to leave after house is sold	No notice required. Sheriff may seize property after receiving writ of seizure and sale from the court. La. Code Civ. Proc. Ann. Art. 2721
Foreclosure statutes	La. Code Civ. Proc. Ann. Arts. 3721 to 3753, 2631 to 2772

Summary of Louisiana's Foreclosure Laws

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