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Louisiana Foreclosure Timeline and Laws
Judicial |
Yes | |
| Non Judicial | No | |
| Primary Security | Mortgage | |
| Timeline | 60 Days | |
| Redemption | No | |
| Notice | Complaint | |
| Deficiency Judgment | Yes |
Louisiana Foreclosure Process and Procedure
If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.
Louisiana foreclosures are conducted by judicial foreclosure proceedings. There are two types of judicial foreclosure, ordinary process, which is a contested litigation, and the executor confession of judgment, which uses a pre-existing confession of judgment where the borrower acknowledged the obligations of the mortgage in the presence of a notary public and two witnesses, and is authenticated through judicial process.
Louisiana does not allow non-judicial foreclosure proceedings.
Notice Requirements for Foreclosure in Louisiana
The notice of sale is personally served on the borrower by the sheriff, and published two times in a newspaper in the parish where the property is located.
A borrower whose foreclosure action is brought under executor process receives a three day notice upon default. If the loan is not brought current, the property is advertised once a week for thirty days and then sold.
Louisiana Deficiency and Anti-Deficiency Laws
The lender may obtain a deficiency judgment if the property is sold at foreclosure auction for less than the loan amount.
Louisiana Redemption Rights
Louisiana has no post-sale statutory right of redemption.
Louisiana Assistance, Special Programs, Government Help, and Law Updates
Foreclosure Programs:
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Louisiana Foreclosure Avoidance Counseling -HUD
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The Home Affordable Mortgage Modification Program
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The Home Affordable Refinance Program
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The Home Affordable Foreclosure Alternatives Program
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FHA Secure
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Hope for Homeowners
Foreclosure Lawyer
Louisiana foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.
Legal Answers
- What happens if one bank starts a foreclosure then sells to another bank before foreclosure is complete?
- How long after foreclosure before you receives a 1099?
- What happens to other liens when foreclosure occurs?
- I own a duplex that is being foreclosed on and need the rental units vacated, what should I do?
- What to do if a lender in Florida is charging excessive mortgage and is preventing me to refinance?
