In Louisiana, the foreclosure process generally moves fast—but not as fast as it used to. In most cases, federal law slows the process down for 120 days and gives homeowners additional time to pursue ways to avoid a foreclosure sale. Specifically, a foreclosing bank usually can't start the process until the homeowner is more than 120 days behind on mortgage payments.
Once this waiting period expires, the bank can take advantage of a streamlined foreclosure process that exists only in Louisiana (an "executory proceeding") and sell your home without going through expensive and protracted litigation.
120-Day Foreclosure Waiting Period
Under the Dodd-Frank Act, a mortgage servicer must normally refrain from starting the foreclosure process until your loan is more than 120 days delinquent. During this period, you can submit a “loss mitigation” application asking for foreclosure avoidance help. Once you send in a completed application—including an application form, pay stubs, and bank statements, for example—the foreclosure stops until the following occurs:
- the servicer determines you don't qualify for a loss mitigation option (and the time to appeal expires)
- you reject the loss mitigation option offered, or
- you accept the plan but don't follow through on the terms of the agreement. (12 C.F.R. § 1024.41 (2025).)
After one of the above criteria is met, the servicer can begin the foreclosure using one of the procedures allowed by Louisiana law.
Is Louisiana a Judicial Foreclosure State?
Yes. All Louisiana foreclosures (executory and ordinary) go through court. Nonjudicial foreclosures aren't allowed under Louisiana foreclosure laws.
Understanding the Two Types of Louisiana Foreclosure
In Louisiana, the servicer can choose between judicial foreclosure or an “executory proceeding.” Although both foreclosure types must go through the court system, the executory foreclosure does so in a streamlined manner. Here’s how they work.
Judicial Foreclosures
A judicial foreclosure, called an "ordinary" proceeding in Louisiana, starts when the bank files a civil lawsuit against the borrower. If the homeowner doesn’t answer the suit, the foreclosing party (a bank or mortgage company, for example) can get a default judgment from the court to win the case.
However, if the owner responds to the lawsuit, the case moves through the litigation process, and the matter might go to trial. If the bank wins at trial (or wins a summary judgment motion), the court enters a judgment allowing the bank to force the property into a foreclosure sale and to use the proceeds to repay the mortgage loan.
Executory Proceedings
Most foreclosures in Louisiana are executory proceedings. In this type of foreclosure (discussed in detail below), after the foreclosing party files a petition and supporting evidence, the court summarily orders the property seized and sold.
Steps in an Executory Proceeding Foreclosure in Louisiana
Most banks prefer the executory proceeding because it’s fast, and there’s a good chance that you already consented to it when you signed your mortgage documents. Most Louisiana mortgage contracts include language that entitles your bank to a “confession of judgment” (foreclosure judgment) if you fail to make the mortgage payment. In other words, you agreed that the bank would automatically win a foreclosure case if you didn’t stay current. A confession of judgment lets the bank avoid lengthy litigation.
Because the borrower already agreed to resolve the matter this way, the bank simply files a foreclosure petition along with a copy of the mortgage. The court orders the property seized and sold. To fight it, you must appeal the foreclosure or file an objection (injunction) to stop the process. If you suspect that you have a defense, you should contact a foreclosure attorney promptly.
Once the court orders the sale by issuing a writ of seizure and sale, the sheriff can seize (take) the property and sell it to a new owner. The sheriff will personally serve the notice of seizure by giving it to the borrower (or the borrower's attorney) or by leaving it with an adult living in the home. (La. Code Civ. Proc. art. 2721 (2025).) The notice of seizure must include the time, date, and place of the sheriff's sale, as well as information about ways to obtain free housing counseling.
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).) After serving the notice of seizure, the sheriff will publish the sale twice, but must wait three days before doing so. (La. Code Civ. Proc. Arts. 2722, 2331 (2025).)
If the sheriff's sale is going to be 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 that the sale will be conducted through an online auction, specify the auction date, when bidding is scheduled to begin, and identify the electronic address of the platform where bids can be entered. (La. Code Civ. Proc. Ann. Arts. 2721, La. Code Civ. Proc. Ann. art. 2293 (2025).)
Right to Reinstate the Loan in a Louisiana Foreclosure
In Louisiana, state law doesn’t give a homeowner the right to prevent a foreclosure by getting caught up on payments, which is called "reinstating" the loan. But the terms of the mortgage contract might allow you to reinstate.
Also, you can prevent the sale by paying the sheriff the amount of the judgment with interest and costs.
Louisiana Law Doesn't Provide a Redemption Period After Foreclosure
Some states allow the homeowner to “redeem” the house after the foreclosure by paying off the full amount of the mortgage loan or, in some cases, by reimbursing the person or entity that bought the home for the price paid at the foreclosure sale. But Louisiana homeowners aren’t afforded the right to redeem after the sale.
Deficiency Judgments After a Louisiana Foreclosure
If the sale proceeds don’t cover the outstanding balance, the difference is called a “deficiency” balance. In Louisiana, the foreclosing bank can collect this amount.
The foreclosing party must get a deficiency judgment by filing a separate lawsuit after the executory proceeding or by converting an executory foreclosure to a regular judicial foreclosure. Generally, the court won't issue a deficiency judgment unless the foreclosing party appraised the property before the sale. (La. Code Civ. Proc. Arts. 2771, 2723, La. Rev. Stat. § 13:4106 (2025).) However, your mortgage contract might contain a waiver of the right to an appraisal or other rights under Louisiana law. (La. Code Civ. Proc. Arts. 2322 (2025).) Check your mortgage to find out if you waived any rights.
In an ordinary foreclosure proceeding, the deficiency judgment is obtained as part of that action.
Finding Louisiana Foreclosure Laws
You can review Louisiana’s foreclosure laws in the Louisiana Code of Civil Procedure (sections 2293, 2631-2772, and 3721-3753), as well as the Louisiana Revised Statutes (sections 13:3852, 13:4106, and 13:4107).
Statutes change, though, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consider consulting an attorney if you're facing a foreclosure.