Question 1

Is Louisiana a judicial or non-judicial foreclosure state?

Accepted Answer

Judicial, through the courts and the parish sheriff. Louisiana uses two court procedures. "Executory process" is used when the mortgage is an authentic act containing a confession of judgment: the lender files a petition and the court orders a writ of seizure and sale without first citing the borrower or obtaining a judgment. A lender can instead use an "ordinary proceeding," in which it must first obtain a judgment against the borrower and then execute that judgment.

Question 2

What notice is required before a foreclosure sale in Louisiana?

Accepted Answer

After the court orders a writ of seizure and sale, the sheriff seizes the property and must serve the owner, in person or at home, with a written notice of seizure. The notice must reprint the owner's rights to challenge the proceeding (Article 2642), give the time, date and place of the sheriff's sale, and, for residential property, include information about housing counseling services. If the sale will be an online auction, the owner must be told the auction details at least three days before the sale. The sale of a home must be advertised at least twice in the manner provided by law (once if a cancelled or postponed sale is rescheduled).

Question 3

How long does foreclosure take in Louisiana?

Accepted Answer

Louisiana's code sets only a few minimum waiting periods. The sheriff may not order the sale advertised until three days (not counting holidays) after the owner is served with the notice of seizure. An owner who wants to challenge the order of seizure and sale by suspensive appeal must take the appeal within 15 days of service of the notice of seizure; the owner may also seek an injunction to stop the sale.

Question 4

Can the lender come after you for the rest of the loan after foreclosure in Louisiana?

Accepted Answer

Possible, with limits. Unless another law provides otherwise, after a sale under executory process the lender can get a judgment for the remaining debt only if the property was appraised before the sale. To get it, the lender must convert the case to an ordinary proceeding or file a separate suit, and the borrower must be cited and given all the ordinary-case delays. If an appraised property draws a bid of less than two-thirds of its appraised value, it is re-advertised and then sold for whatever it brings at the second offering, and the debt is reduced by at least a set credit tied to the appraisal.

Question 5

Can an HOA foreclose on your home in Louisiana?

Accepted Answer

Yes. Associations of lot owners and condominium associations have a privilege (lien) on each lot or unit for assessments and fines charged to it, and, with approval of the board of directors, the association may file an action to enforce the privilege. The owner also remains personally liable for past-due amounts, and the association must give the owner a binding statement of unpaid assessments within ten business days after a written request.

Question 6

What must a home seller disclose in Louisiana?

Accepted Answer

Yes. A seller of residential real property (or vacant residential property) must complete a property disclosure document in a form prescribed by the Louisiana Real Estate Commission, in good faith and to the best of the seller's knowledge. It must also say whether the buyer must join a homeowners' association, whether the property is subject to restrictive covenants, whether a methamphetamine lab was ever there, and certain salt-cavern information. It must be delivered no later than when the buyer makes an offer; if it is delivered after the offer, the buyer may cancel within 72 hours (excluding weekends and holidays) after receiving it, without penalty. The document is not a warranty.

Question 7

How do you get your home back after a tax sale in Louisiana?

Accepted Answer

Louisiana's constitution, as amended effective January 1, 2026, says there is no forfeiture of property for unpaid taxes. Unpaid property taxes are a lien on the property, and the legislature must provide for tax sales that include interest of no more than 1% per month (not compounded), a penalty of no more than 5%, a period during which the lien cannot be enforced, and a procedure for claiming excess proceeds when the lien is enforced by sale.

Question 8

Where can homeowners get free foreclosure help in Louisiana?

Accepted Answer

The Louisiana Housing Corporation (LHC) advises homeowners who have missed or expect to miss a mortgage payment to contact their mortgage servicer early and, if that does not work, a HUD-approved housing counselor, and it lists organizations that help homeowners facing foreclosure, including Southeast Louisiana Legal Services, Acadiana Legal Service Corporation, MidCity Redevelopment Alliance (225-346-1000), the Louisiana Fair Housing Action Center (504-596-2100) and Southern University Law Center (225-771-2552). In residential executory cases, the sheriff's notice of seizure must include housing-counseling information.

Judicial or non-judicial	Judicial, through the courts and the parish sheriff. Louisiana uses two court procedures. "Executory process" is used when the mortgage is an authentic act containing a confession of judgment: the lender files a petition and the court orders a writ of seizure and sale without first citing the borrower or obtaining a judgment. A lender can instead use an "ordinary proceeding," in which it must first obtain a judgment against the borrower and then execute that judgment. Louisiana's code calls the lender's rights a mortgage or privilege; there is no out-of-court power-of-sale foreclosure in these articles. Source: La. Code Civ. Proc. arts. 2631, 2634, 2638, 2640, 3722, 3723
Required notices	After the court orders a writ of seizure and sale, the sheriff seizes the property and must serve the owner, in person or at home, with a written notice of seizure. The notice must reprint the owner's rights to challenge the proceeding (Article 2642), give the time, date and place of the sheriff's sale, and, for residential property, include information about housing counseling services. If the sale will be an online auction, the owner must be told the auction details at least three days before the sale. The sale of a home must be advertised at least twice in the manner provided by law (once if a cancelled or postponed sale is rescheduled). Source: La. Code Civ. Proc. arts. 2721, 2722, 2331
Time frames set by law	Louisiana's code sets only a few minimum waiting periods. The sheriff may not order the sale advertised until three days (not counting holidays) after the owner is served with the notice of seizure. An owner who wants to challenge the order of seizure and sale by suspensive appeal must take the appeal within 15 days of service of the notice of seizure; the owner may also seek an injunction to stop the sale. The newspaper-advertising period for judicial sales is set in a separate statute (R.S. 43:203) that was not read. Source: La. Code Civ. Proc. arts. 2331(C), 2642, 2724

HOA liens and foreclosure	Yes. Associations of lot owners and condominium associations have a privilege (lien) on each lot or unit for assessments and fines charged to it, and, with approval of the board of directors, the association may file an action to enforce the privilege. The owner also remains personally liable for past-due amounts, and the association must give the owner a binding statement of unpaid assessments within ten business days after a written request. Source: La. R.S. 9:1145
Property tax sales	Louisiana's constitution, as amended effective January 1, 2026, says there is no forfeiture of property for unpaid taxes. Unpaid property taxes are a lien on the property, and the legislature must provide for tax sales that include interest of no more than 1% per month (not compounded), a penalty of no more than 5%, a period during which the lien cannot be enforced, and a procedure for claiming excess proceeds when the lien is enforced by sale. The former fixed three-year redemption period in the constitution was removed by this amendment; the length of the new non-enforcement period is set by statute (R.S. Title 47), which was not read. Source: La. Const. art. VII, § 25(A) (as amended by Acts 2024, No. 409, eff. Jan. 1, 2026)
Seller disclosure	Yes. A seller of residential real property (or vacant residential property) must complete a property disclosure document in a form prescribed by the Louisiana Real Estate Commission, in good faith and to the best of the seller's knowledge. It must also say whether the buyer must join a homeowners' association, whether the property is subject to restrictive covenants, whether a methamphetamine lab was ever there, and certain salt-cavern information. It must be delivered no later than when the buyer makes an offer; if it is delivered after the offer, the buyer may cancel within 72 hours (excluding weekends and holidays) after receiving it, without penalty. The document is not a warranty. Source: La. R.S. 9:3198

Louisiana Foreclosure Laws: Process, Timeline and Your Rights

Quick answers for Louisiana

How foreclosure works

After the sale

HOAs, taxes and selling

Getting help

Foreclosure & Homeowner Law FAQ

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