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Judicial Foreclosure Available: Yes
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Non-Judicial Foreclosure Available: No
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Primary Security Instruments: Mortgage
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Timeline: Typically 60 days
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Right of Redemption: No
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Deficiency Judgments Allowed: Yes
In Louisiana, lenders may foreclose on a
mortgage in default by using the judicial
foreclosure process.
Judicial Foreclosure
There are two types of judicial foreclosure
proceedings in Louisiana, executory and
ordinary process.
The executory process takes place when the
lender uses a mortgage that includes an
"authentic act that imparts a confession of
judgment", as provided in the Louisiana
statutes. Essentially, this means the
borrower signed and acknowledged the
obligations of the mortgage in the presence
of a notary public and two witnesses. This
type of mortgage makes the foreclosure
process easier for the lender because once
the suit has been filed and the original
note and a certified copy of the mortgage
has been provided, the court will issue an
order for the process to begin.
Once ordered, the borrower must be then be
served with a demand for the delinquent
payments. The borrower has three (3) days to
provide the delinquent payments or the court
will order a writ of seizure and sale and
the property will be sold after proper
notice has been advertised for thirty (30)
days.
Lenders may also sue
to obtain a deficiency judgment, but buyers
have no rights of redemption.