Summary of a Louisiana Foreclosure
Documents Needed to Begin Foreclosure
1. A CERTIFIED copy of the RECORDED Deed of Trust
2. The ORIGINAL Note
3. A CERTIFIED copy of the RECORDED Assignments, if applicable
4. Breakdown of the Arrearages, i.e. date the delinquency started,
monthly payments, monthly late charges, and any other costs that
may have been paid, i.e. taxes, insurance, property inspections,
etc.
The methods of foreclosure in Louisiana are Expedited Judicial
or Judicial.
If the Original Note is locatable, then the Expedited procedure
can be used. By this proceeding, a Petition is filed with the Court,
asking the Court to issue a Writ of Seizure to the Sheriff. Once
issued, the Sheriff attempts personal service on all owners and
liable parties (i.e. signors of the Mortgage and Note). Posting
or publication as methods of service are not options in Louisiana.
If personal service cannot be effected, a Curator must be appointed
to represent the party unable to be served. Once service is accomplished,
the Sheriff may set a sale date and proceed with publication and
mailing of Notices. The exact timeframe and procedures vary among
the Parishes. There is no post-sale redemption period in Louisiana,
so upon completion of the Sale, a Sheriff’s Deed is issued
to the successful bidder promptly.
If the Original Note is NOT locatable, the foreclosure must be
by standard judicial process.
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