How Foreclosure Works in Louisiana
Whether Louisiana forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short 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… La. Code Civ. Proc. arts. 2631, 2634, 2638, 2640, 3722, 3723
| 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. |
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| 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). |
| 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. |
More Louisiana foreclosure & homeowner law
- Redemption and Deficiency Judgments in Louisiana
- HOA Liens and Foreclosure in Louisiana
- Getting Your Home Back After a Tax Sale in Louisiana
- All Louisiana foreclosure & homeowner law rules
FAQ
Is Louisiana a judicial or non-judicial foreclosure state?
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.
What notice is required before a foreclosure sale in Louisiana?
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).
How long does foreclosure take in Louisiana?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.