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Louisiana

Louisiana Code of Civil Procedure art. 3721. Judicial foreclosure state.

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Judicial Type

Judicial

Redemption

No statutory right of redemption after judicial foreclosure

Deficiency

Lender may pursue deficiency. Louisiana has a unique deficie

Mediation

No mandatory statewide program.

Statute Citation

La. Code Civ. Proc. arts. 3721-3743

Redemption Period

No statutory right of redemption after judicial foreclosure sale in Louisiana. The sheriff's sale is final. Louisiana's civilian legal system (based on French/Spanish civil law, not English common law) does not recognize the common-law equity of redemption.

Deficiency Judgment Rule

Lender may pursue deficiency. Louisiana has a unique deficiency judgment rule: if the lender bids on the property at the sheriff's sale (credit bid), deficiency is limited to debt − sale price — but ONLY if the lender uses the executory process. In ordinary process, deficiency is generally determined by the remaining balance after sale.

Notice Requirements

Louisiana has two foreclosure procedures: (1) executory process (faster, based on authentic act with confession of judgment) — minimal notice required, and (2) ordinary process (slower, full judicial proceeding with service and trial). Executory process is unique to Louisiana and creates notice concerns.

Mediation Program

No mandatory statewide program.

Key Provisions

  • Executory process: Louisiana's unique fast-track foreclosure (uses authentic act with confession of judgment)
  • Ordinary process: traditional judicial foreclosure with full due process
  • No post-sale redemption under Louisiana civilian law
  • Sheriff's sale is conducted by the parish sheriff
  • Executory process can be completed very quickly (45-60 days) — one of the fastest judicial states

Homeowner Protections

  • Borrower can challenge executory process by filing an injunction — converting to ordinary process
  • Ordinary process provides full judicial protections
  • Louisiana's Deficiency Judgment Act limits deficiency in certain circumstances
  • Borrower can raise all defenses (RESPA, TILA, etc.) in ordinary process

Frequently Asked Questions

What is Louisiana's executory process and how is it different?+
Executory process is a unique Louisiana procedure (derived from French/Spanish civil law) that allows a lender to foreclose VERY quickly — often in 45-60 days — without a trial and with minimal notice. It applies when the mortgage is an 'authentic act' (notarized with witnesses) that includes a confession of judgment (the borrower agreed at origination that the lender can get a judgment without a lawsuit if the borrower defaults). This is significantly faster than traditional judicial foreclosure and gives the borrower fewer procedural protections. To stop executory process: file a petition for injunction and injunction bond suspending the sale — this forces the lender to convert to ordinary process (traditional judicial foreclosure with a full trial).
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