Summary of Louisiana's Foreclosure Laws

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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. 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.

Time to respond

The sheriff must serve the borrower a written notice of seizure. Notice of sale is published at least twice and not less than three days after the debtor has been served with the notice of seizure.

Reinstatement of loan before sale

Not available (unless permitted by the terms of the mortgage)

Redemption after sale

Not available

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

None

Deficiency judgments

Allowed; can be obtained in an ordinary proceeding or in an executory proceeding if the property was properly appraised (unless appraisal requirement is waived in the mortgage).

Cash exempted in bankruptcy

None

Notice to leave after house is sold

The sheriff will serve or post notice to vacate, and if the former owners do not comply, the sheriff can remove them from the premises.

Foreclosure statutes

La. Code Civ. Proc. Ann. Arts. 3721 to 3753, 2631 to 2772

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