Foreclosure Options Louisiana

Foreclosure -- La. RS 47:2266.1

  • Will Be a Part of Required Process after it leaves the hands of the political subdivision
  • Typically not until passage of 3 years after filing of the tax lien in the mortgage records following the auction
  • 365/180 Day (6 month) Notice  -- La. RS 47:2156   
  • This is the Notice required prior to foreclosure – send to tax auction parties – not the responsibility of the political subdivision but relevant for your understanding of the entire process – acquiring party has to have specific things from the tax collector to attach to the petition and tax collector is notified/served.
    • “As of [insert date no more than 15 days prior to notice] the termination payment is X plus costs…..
    • Certification from the tax collector must be provided by the tax collector upon request (copy must be attached to the petition – referred to as “a statement certifying the amount of the termination price”)
    • Recommended that it includes a payment schedule for at least 6 months of what is owed to stop foreclosure
    • Affidavit for up to $500 for notice costs can be submitted to tax collector & attached to petition
  • Curator must be appointed for absent defendant(s)
  • Petition shall be served on the tax collector
  • Plaintiff shall notify the clerk of court that all parties have been served
  • Clerk of court shall serve notice upon the tax collector stating the date on which the last party has been served.
  • Termination (Extinguishment) of lien only allowed until 30 days after last party served
  • After that, extinguishment of lien can only be by order of court or by tax lien certificate holder.
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