The Procedure Lever: La. C.C.P. Art. 2631
The Reality: Louisiana allows a lender to seize property without a full trial if they use the **Executory Process**. However, this requires "Authentic Evidence"—meaning original documents signed before a Notary and two witnesses. If the bank has lost the original note or the mortgage wasn't properly notarized, the homeowner can halt the entire process via an **Injunction**.
CIVIL CODE
AUTHENTIC
ACTS
ACTS
The Louisiana Executory Timeline
The Executory Process is the fastest foreclosure method in the state, often completing in 60 to 90 days if left unchallenged.
| Stage | Timing | The Authority Detail |
|---|---|---|
| Petition for Executory Process | Day 121+ Default | Lender files a petition with the original note and a certified copy of the mortgage attached. |
| Order of Seizure and Sale | Days 1-10 | A judge reviews the paperwork (ex parte) and signs the order without a hearing. |
| Notice of Seizure | Post-Order | The Sheriff serves the homeowner. This is the critical moment to file for an **Injunction** to stop the sale. |
| The Appraisal | Pre-Sale | If the lender wants a deficiency judgment, the property must be appraised by two independent parties. |
| Sheriff's Sale | Min. 60 Days | The property is auctioned. Opening bid is usually 2/3 of the appraised value. |
Authority FAQ: Louisiana 2026
Does Louisiana have a redemption period?
No. Louisiana law does **not** provide a statutory right of redemption after the Sheriff's Sale has occurred. Your right to save the home expires the moment the gavel falls at the auction.
What is a "Confession of Judgment"?
Almost all Louisiana mortgages contain a clause where the borrower "confesses judgment" for the amount of the debt. This allows the lender to bypass a long trial and move straight to the seizure of the property under the Executory Process.
How does the "Two-Thirds Rule" work here?
If the sale is conducted "with appraisal," the property cannot be sold at the first auction for less than **two-thirds** of its appraised value. If no one bids that amount, a second sale is scheduled where the property can be sold for whatever it brings (subject to costs).