Louisiana

For homeowners facing foreclosure in Louisiana, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Judicial foreclosures are not common in Louisiana.

Executory Proceeding

In Louisiana, the foreclosure process is known as an executory proceeding in which the homeowner agrees to a judgment against them if they default on mortgage payments. Upon a default, the bank files a foreclosure petition in court with the mortgage attached, after which the court orders the seizure and sale of the property. The homeowner can fight the foreclosure through appeal.

Foreclosure Notification

Louisiana law requires the two notices:

  • After the court issues a writ of seizure and sale, the sheriff may seize the property and serve the homeowner with a written notice of seizure by personal service or domiciliary service. The notice must include options for avoiding foreclosure, including the offer of free housing counseling, as well as the time, date, and place of the foreclosure sale. sale date cannot be scheduled before 60 days from the date the court signed the foreclosure order.
  • Three days, not including holidays, after the sheriff serves the notice of seizure to the homeowner, the sheriff must publish a sale notice twice in a local newspaper.

Louisiana Foreclosure Protections

Louisiana law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

Louisiana law does not allow the homeowner to reinstate the mortgage loan before the sale. However, the terms of the mortgage contract may allow reinstatement or the bank may agree to let the homeowner cure the default and reinstate.

In Louisiana, foreclosed homeowners cannot redeem the home after the foreclosure.

Deficiency Law

There is no anti-deficiency law in Louisiana. The bank can get a deficiency judgment if the property was appraised prior to the sale.

Eviction Notice

After the sheriff’s deed of sale is recorded, the buyer can get a writ of possession from court. If the former homeowners do not leave, the sheriff will evict them from the home. For information regarding how to avoid foreclosure in Louisiana, visit HUD.gov.

Louisiana

For homeowners facing foreclosure in Louisiana, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Judicial foreclosures are not common in Louisiana.

Executory Proceeding

In Louisiana, the foreclosure process is known as an executory proceeding in which the homeowner agrees to a judgment against them if they default on mortgage payments. Upon a default, the bank files a foreclosure petition in court with the mortgage attached, after which the court orders the seizure and sale of the property. The homeowner can fight the foreclosure through appeal.

Foreclosure Notification

Louisiana law requires the two notices:

  • After the court issues a writ of seizure and sale, the sheriff may seize the property and serve the homeowner with a written notice of seizure by personal service or domiciliary service. The notice must include options for avoiding foreclosure, including the offer of free housing counseling, as well as the time, date, and place of the foreclosure sale. sale date cannot be scheduled before 60 days from the date the court signed the foreclosure order.
  • Three days, not including holidays, after the sheriff serves the notice of seizure to the homeowner, the sheriff must publish a sale notice twice in a local newspaper.

Louisiana Foreclosure Protections

Louisiana law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

Louisiana law does not allow the homeowner to reinstate the mortgage loan before the sale. However, the terms of the mortgage contract may allow reinstatement or the bank may agree to let the homeowner cure the default and reinstate.

In Louisiana, foreclosed homeowners cannot redeem the home after the foreclosure.

Deficiency Law

There is no anti-deficiency law in Louisiana. The bank can get a deficiency judgment if the property was appraised prior to the sale.

Eviction Notice

After the sheriff’s deed of sale is recorded, the buyer can get a writ of possession from court. If the former homeowners do not leave, the sheriff will evict them from the home. For information regarding how to avoid foreclosure in Louisiana, visit HUD.gov.

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