Louisiana foreclosure

The Louisiana foreclosure process is judicial, meaning that the court system will be involved. Foreclosures in Louisiana are of two types: ordinary and executory. The ordinary process is similar to the judicial process in other states. The executory process is a streamlined version and takes much less time to complete and is also very harsh because it allows the sheriff to take possession of the property before it's sold at auction.

If the mortgage includes an "authentic act which imparts a confession of judgment" then the executory judicial foreclosure process could be used. To accomplish this the lender would've had the mortgage signed by the borrower in front of a notary and two witnesses.

When the lender sues in court, it would attach the original promissory note and a copy of the mortgage. The court will then enter an order for the issuance of executory process. Once this occurs you are given just 3 days to come up with the money to make the back payments, otherwise the court will issue a notice allowing the sheriff to seize the property.

The sheriff will advertise the sale of the property once a week for 30 days. After this period, the sheriff will sell the property at a public auction.



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