State Foreclosure Law

Louisiana Foreclosure Laws

Louisiana's civil law tradition (French and Spanish heritage) shapes its foreclosure procedure. The primary method -- executory process -- is a summary court procedure.

Process

Judicial

Through the court system §

Average Foreclosure Length

3,491 days

ATTOM average, Q2 2026: from the start of the foreclosure process to completion, for properties that completed foreclosure in Q2 2026. §

Homestead Exemption

$35,000 in value of a home the owner occupies, or the full value for debts arising directly from a catastrophic or terminal illness or injury

Automatic · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

38 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about Louisiana foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Louisiana-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Louisiana foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Louisiana
10 National foreclosure guides
11 Louisiana distress data

Governing Statutes

Citation	Title	Covers
La. Code Civ. Proc. art. 2631 et seq.	Executory Process	Primary statutory authority for foreclosure via executory process: requirements for confession of judgment, petition, writ of seizure and sale, notice to debtor, appraisal, sheriff's sale procedures
La. Code Civ. Proc. art. 2634	Petition and Order for Executory Process	Petition filed by creditor; court reviews ex parte and issues order if mortgage contains authentic act and confession of judgment; no advance notice to borrower required before order
La. Code Civ. Proc. art. 2638	Notice to Debtor After Seizure	After issuance of writ of seizure, debtor is served with notice of the seizure and a copy of the petition and order; debtor has limited time to seek injunction to halt process
La. Code Civ. Proc. art. 2721–2753	Sheriff's Sale Procedures	Publication requirements for sheriff's sale, appraisal requirements, bidding procedures, transfer of title by sheriff's deed; no right of redemption after sale
La. R.S. 13:4106	Deficiency Judgment Prohibited if Sale Made Without Appraisal	If the creditor takes advantage of the debtor's waiver of appraisal and the judicial sale does not bring enough to pay the debt, the debt is treated as fully satisfied as the debtor's personal obligation, and the creditor cannot pursue the debtor for the deficiency, except as otherwise provided by law.
La. Code Civ. Proc. art. 2771	When Deficiency Judgment Obtainable	Unless otherwise provided by law, the creditor can obtain a deficiency judgment against the debtor only if the property was sold under executory process after appraisal.
La. Code Civ. Proc. art. 736 et seq.	Ordinary Process (Judicial Foreclosure by Action)	Alternative full judicial foreclosure process available when executory process is not permitted (e.g., no authentic act, no confession of judgment, or executory process successfully enjoined); substantially slower than executory process
La. R.S. 20:1	Homestead Exemption	Exempts a residence occupied by the owner from seizure and sale up to $35,000 in value; the exemption does not apply to listed debts, including money advanced on the security of a mortgage on the home, and the owner can waive it in writing

Louisiana Foreclosure Process and Your Rights

Louisiana uses judicial foreclosure. In Louisiana, foreclosures that finished in the second quarter of 2026 took an average of 3,491 days from the start of the foreclosure process to completion, according to ATTOM. §

After the sale: No post-sale redemption. The sheriff's sale transfers to the buyer all of the former owner's rights and claims in the property, as completely as if the owner had sold it. §
Homestead exemption: $35,000 in value of a home the owner occupies (La. R.S. 20:1), or the full value for debts arising directly from a catastrophic or terminal illness or injury. The exemption does not apply to money advanced on the security of a mortgage on the home, so it does not stop a mortgage foreclosure; if the owner was married when granting the mortgage, the spouse must have consented. Other listed debts, such as the purchase price and taxes, are also excluded. §
Mediation: Louisiana does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Louisiana foreclosure guide →

Special Foreclosure Types in Louisiana

Beyond the standard judicial foreclosure process, Louisiana law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

HOA and COA assessment liens may be foreclosed in Louisiana.

Procedures vary by statute.

Tax Lien Foreclosure

Since January 1, 2026, a tax lien certificate holder enforces the lien through a court action, and the judgment is carried out through a sheriff's judicial sale (writ of fieri facias). §

From the sale proceeds, the sheriff pays the plaintiff certificate holder and other tax lien certificate holders before holders of recorded mortgages, liens, and privileges; any remainder goes to the owners.

Lien Priority in Louisiana

Generally first in time, first in right. Louisiana recording statutes govern lien priority.

Consult a local attorney for specific lien priority questions.

Statute of Limitations in Louisiana

Mortgage Foreclosure

Varies §

La. C.C. art. 3498 sets five years for actions on promissory notes, starting when payment is due; it does not by its terms set a deadline for enforcing a mortgage. The general period for personal actions is ten years unless other legislation provides otherwise (La. C.C. art. 3499).

Written Contracts

10 years §

Ten years is the general period for personal actions unless other legislation provides otherwise; actions on promissory notes and other instruments have five years (La. C.C. art. 3498).

Promissory Note

5 years §

Deficiency Judgment

Varies

Deficiency judgment timing varies. Consult a local attorney.

Probate & Inheritance in Louisiana

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Louisiana law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the estate or personal representative of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Louisiana

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Louisiana.

UDAP Statute

Louisiana Consumer Protection Act

Louisiana consumer protection statute applies to deceptive mortgage practices and foreclosure rescue fraud.

Foreclosure Rescue Fraud Laws

General consumer protection laws apply to foreclosure rescue fraud in Louisiana.

Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

Louisiana Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No Louisiana-specific lead generation statute for foreclosure defense identified beyond professional conduct rules.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Louisiana professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Louisiana

⚖

Southeast Louisiana Legal Services

Free legal aid for low-income residents facing foreclosure and housing issues.
slls.org →
⚖

Acadiana Legal Service Corporation

Free civil legal services including foreclosure defense.
la-law.org →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Louisiana. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Louisiana →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
📞

Louisiana Attorney General Consumer Protection

Report mortgage fraud and deceptive practices.
1-800-351-4889 →
📋

Louisiana State Bar Association Lawyer Referral

State bar lawyer referral service.
lsba.org →

Find Help in Louisiana

We maintain a verified directory of free and low-cost help providers in Louisiana. All are government-approved or federally funded.

26 HUD-approved housing counselors Free foreclosure prevention counseling 2 Legal aid offices Free legal representation for qualifying homeowners 45 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 49 Debtor education providers Required post-filing debtor education courses

Browse all 122 providers in Louisiana →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Louisiana.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Louisiana Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Louisiana homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Louisiana mainly uses judicial foreclosure (through the courts).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).