Foreclosure Process and Laws in Louisiana

Louisiana foreclosure laws outline the consequences of defaulting on mortgage payments. After a borrower fails to make payments, the servicer (on behalf of the loan owner, called the “lender” in this article) starts the foreclosure process. In Louisiana, the most common method is an "executory proceeding." The executory process is a streamlined judicial procedure allowing the lender to seize and sell a home without going through the steps that are typically part of a judicial foreclosure.

While ordinary judicial foreclosures are also possible in Louisiana, they're not as common because the executory process is faster and more cost-effective. Because the most prevalent type of foreclosure process in the state is an executory proceeding, this article focuses on those procedures.

What Are My Foreclosure Rights in Louisiana?

Both federal and state laws govern foreclosure procedures in Louisiana, and your mortgage contract gives you rights during the process.

Your Mortgage Rights in Louisiana

When you get a loan to buy residential real estate in Louisiana, you'll likely sign two documents: a promissory note and a mortgage.

• Promissory note. The promissory note is the document that contains your promise to repay the loan along with the repayment terms.
• Mortgage. The mortgage is the document that gives the lender a security interest in the property and will probably include a confession of judgment (see below). If you fail to make the payments, the confession of judgment gives the lender the right to seize and sell the home so it can recoup the money it loaned you.

You also get rights under the promissory note and mortgage. For example, if you're late making your monthly payment, most promissory notes provide a grace period of ten to fifteen days before you'll incur late charges. To find out the grace period in your situation and the amount of the late fee, check the promissory note.

If you default on payments, most mortgages require the lender to send you a breach letter (a preforeclosure notice) before officially starting a foreclosure. This notice tells you that the loan is in default. If you don't cure the default, the lender can accelerate the loan (call it due) and proceed with the foreclosure.

Your Rights Under Federal Foreclosure Laws

Federal mortgage servicing laws require the servicer to contact you (or attempt to contact you) by phone to discuss foreclosure alternatives—called “loss mitigation” options—no later than 36 days after a missed payment and again within 36 days after each following missed payment. (12 C.F.R. § 1024.39 (2025).)

No more than 45 days after a missed payment, the servicer must let you know in writing about loss mitigation options that could be available and assign personnel to help you. But the servicer doesn't have to send the notice under some circumstances, such as if you file for bankruptcy or tell the servicer not to contact you under the Fair Debt Collection Practices Act. (12 C.F.R. § 1024.39 (2025).)

Federal law generally requires the servicer to wait until the loan is over 120 days delinquent before officially starting a foreclosure. But in a few situations, like if you violate a due-on-sale clause or if the servicer is joining the foreclosure action of a superior or subordinate lienholder, the foreclosure can begin sooner. (12 C.F.R. § 1024.41 (2025).)

Other Borrower Rights in a Louisiana Foreclosure

In addition, you have the right to:

• receive notice about the foreclosure
• not be dual-tracked (where the lender pursues foreclosure while also evaluating you for a foreclosure alternative)
• get current on the loan
• redeem the home before the sale
• file for bankruptcy, and
• apply for the excess proceeds if the foreclosure sale results in surplus funds.

Foreclosure Protections If You're in the Military

If you're in the military, the federal Servicemembers Civil Relief Act provides certain legal protections, including protection against foreclosure.

Foreclosure Laws and Process in Louisiana

Louisiana is a judicial foreclosure state—all foreclosures must go through the court system. Again, the most common foreclosure process in Louisiana is an executory proceeding, but regular judicial foreclosures are also allowed. However, the state doesn't allow nonjudicial foreclosures.

What Are the Steps in the Louisiana Foreclosure Process?

In an executory proceeding, the lender files a foreclosure petition in court after the borrower's default. The lender attaches a copy of the mortgage to the petition, and the court orders the property seized and sold. You can fight the foreclosure by appealing from the order directing the issuance of the writ of seizure and sale or bringing a lawsuit (an injunction proceeding), or by doing both. (La. Code Civ. Proc. Arts. 2634, 2638, La. Rev. Stat. § 13:3852 (2025).) (You have a limited time to fight the seizure and sale. If you get notice as described below and want to challenge the seizure and sale, talk to a lawyer right away.)

This type of foreclosure is possible when the borrower agrees in the loan paperwork that the lender may get a judgment upon a default. This type of clause in a mortgage is called a "confession of judgment."

Notice of the Foreclosure in a Louisiana Executory Proceeding

The two notices in a Louisiana executory proceeding are a notice of seizure and a notice of sale.

Notice of seizure. Immediately after the court issues a writ of seizure and sale, the sheriff may seize the property. The sheriff must serve you a written notice of seizure by personal service or domiciliary service. (La. Code Civ. Proc. art. 2721 (2025).) ("Domiciliary service" is when the server leaves the documents at your home with a person of suitable age and discretion who resides in the property.)

The notice of seizure must include information about your options for avoiding foreclosure, including the availability of free housing counseling, and the time, date, and place of the sheriff's sale. The initial sheriff’s sale date can't be scheduled any earlier than 60 days from the date the court signed the order allowing the foreclosure. (La. Rev. Stat. § 13:3852, La. Code Civ. Proc. art. 2293 (2025).)

If the sheriff's sale is to be conducted through an online auction, the notice of seizure, or a subsequent notice served upon the judgment debtor at least three days before the sale, must say the sale will be held via an online auction, include the date of the online auction and the time when bidding starts, and identify the electronic address of the platform through which bids can be entered. (La. Code Civ. Proc. Ann. Arts. 2721, La. Code Civ. Proc. Ann. art. 2293 (2025).)

Notice of sale. At least three days, not including holidays, after the sheriff serves the notice of seizure to you, the sheriff must publish a notice of sale at least twice. (La. Code Civ. Proc. Arts. 2722, 2331 (2025).)

How Do Foreclosure Sales Work in Louisiana?

The foreclosure sale is a public auction.

Foreclosure Timeline in Louisiana

In Louisiana, the foreclosure from start to finish usually takes around two to six months (60 to 180 days).

What Options Are Available to Borrowers During or After Foreclosure?

You might be able to prevent a foreclosure sale by reinstating the loan, redeeming the property before the sale, filing for bankruptcy, or working out a loss mitigation option, like a loan modification, short sale, or deed in lieu of foreclosure.

Reinstating the Loan

Louisiana law doesn't give the borrower the right to reinstate the loan (that is, pay the past-due amounts to get current on the loan and stop the foreclosure). But your loan paperwork might allow for reinstatement. Check your mortgage to see if you get the right to complete a reinstatement. If not, the lender might agree to let you reinstate your loan.

Redemption Rights in a Louisiana Foreclosure

Some states have a law that gives a foreclosed homeowner time after the foreclosure sale to redeem the property. In Louisiana, though, you don't get a right of redemption after a foreclosure.

But you can redeem the property before a foreclosure sale by paying off the entire outstanding loan balance.

Filing for Bankruptcy

If you're facing a foreclosure, filing for bankruptcy might help. In fact, if a foreclosure sale is scheduled to occur in the next day or so, the best way to stop the sale immediately is by filing for bankruptcy.

Deficiency Judgments Following the Foreclosure Sale in Louisiana

Sometimes, when a home sells at a foreclosure sale, the sale doesn’t bring in enough money to pay off the full amount owed. The difference between the sale price and the total debt is called a “deficiency balance.” Many states, including Louisiana, allow the lender to get a personal judgment (a “deficiency judgment”) for this amount against the borrower.

In Louisiana, the lender can get a deficiency judgment if the property was appraised before the sale. (La. Code Civ. Proc. Arts. 2771, 2723, La. Rev. Stat. § 13:4106 (2025).) To get the deficiency judgment, the lender has to:

• file a separate lawsuit for the deficiency after an executory proceeding or
• convert the executory proceeding into an ordinary proceeding. (La. Code Civ. Proc. Ann. art. 2772 (2025).).

(In an ordinary foreclosure proceeding, the deficiency judgment is obtained as part of that action.)

Once the lender gets a deficiency judgment, it might try to collect on it by, for example, going after your paycheck through wage garnishment or your bank account with a levy.

Can You Get Your Home Back After Foreclosure?

Again, Louisiana foreclosure laws don't provide a redemption period after a foreclosure. But you can purchase your home at the foreclosure sale if you have enough money.

Foreclosure Eviction Process in Louisiana

Once the sheriff’s deed to the new owner is recorded after the sale, the purchaser can get a writ of possession from the court. If you (the foreclosed homeowner) don't leave, the sheriff will remove you and your belongings from the home.

What Are the Possible Implications of Foreclosure?

The main consequence of foreclosure, other than losing your home, is that your credit scores will tumble. The foreclosure will remain in your credit history for seven years, making it challenging to get future loans or credit at a low interest rate.

Also, you might face a deficiency judgment (as discussed) if the foreclosure sale doesn't cover the outstanding debt. You might also have trouble finding new housing because of your credit history.

Getting Help from a Louisiana Foreclosure Lawyer

Foreclosure laws are complicated. Servicers and lenders sometimes make errors or forget steps. If you think your servicer or lender failed to complete a required step, made a mistake, or violated state or federal foreclosure laws, you might have a defense that could force a restart to the foreclosure, or you might have leverage in working out an alternative.

Consider talking to a local foreclosure attorney or legal aid office immediately to learn about your rights. A lawyer can also tell you about different ways to avoid foreclosure.

Likewise, a HUD-approved housing counselor can provide helpful information (at no cost) about various alternatives to foreclosure.