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How foreclosure works in Louisiana, step by step

How does foreclosure work in Louisiana, and how long does it take?

How Louisiana foreclosure works: the 120-day rule, executory process, the notice of seizure, the sheriff's sale, the timeline and how Mississippi differs.

By Passkey Properties · Updated · 4-minute read

This guide is general information, not legal advice. Laws change and every case is different, so check yours with a Louisiana attorney or free legal aid.

Most Louisiana foreclosures use "executory process": the lender gets a judge's order to seize and sell the house, usually without a hearing, and the sheriff sells it at a public auction. Federal rules generally bar the first filing until you're more than 120 days behind, and the first sale date must be at least 60 days after the judge's order. Once the auction is over, you can't buy the house back.

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Step by step

  1. You fall behind. By day 36, most servicers must try to reach you about your options, and by day 45 send them in writing.
  2. More than 120 days behind. That's generally the earliest the first foreclosure filing can come.
  3. The order. Because most Louisiana mortgages contain a "confession of judgment", the lender can skip a lawsuit. The judge signs an order for the sheriff to seize and sell the house, with no trial or hearing.
  4. The notice of seizure. The sheriff gives you, or leaves at your home, a written notice of the seizure. It gives the sale's date, time and place, explains your rights, and tells you where to find free housing counseling. The first sale date can't be earlier than 60 days after the order. You still own the house and can live there.
  5. The ads. The sale is advertised in the newspaper at least twice: first at least 30 days before, then in the last week before the sale.
  6. The appraisal. Unless your mortgage waived it, the house is appraised, and you get at least seven days' notice to name your own appraiser. At the first offering it can't sell for less than two-thirds of the appraised value. Without such a bid, it's offered again and sells for whatever it brings.
  7. The payoff figure. Since August 2025, the lender must file what it says you owe in the court record before the sale, and you can challenge it.
  8. The sale. St. Tammany and Jefferson parishes hold their sheriff's auctions on Wednesdays at 10 a.m. Some parishes auction online, and the sheriff's notice must then give the website.
  9. After the sale. The house belongs to the buyer once bidding closes. If the price exceeds the costs and the debts on the house, the sheriff pays you the extra. If you're still there, the buyer must go through the courts to remove you, with written notice first.

How long it takes

Count more than 120 days of missed payments before the filing, then at least 60 days from the order to the first sale date. Nolo, a legal publisher, says a Louisiana foreclosure usually takes two to six months from start to finish. A bankruptcy or a postponement can make it much longer.

What can stop or pause it

  • Paying in full. Paying the sheriff the full judgment, with interest and costs, any time before the auction stops the sale.
  • Reinstating. Many mortgages let you catch up instead, paying what's past due plus fees and costs; the current standard Louisiana form allows it until five days before the sale. Ask your servicer for a written quote.
  • Applying for help. A complete application for help that reaches your servicer more than 37 days before the sale generally halts the sale during review.
  • Selling first. A sale before the auction pays off the loan at closing, if the price covers it. If not, the lender must approve a short sale.
  • Going to court. With a lawyer, you can ask for an injunction, for example if the debt was paid or steps were skipped, or appeal within 15 days of the notice of seizure, with a large bond.
  • Bankruptcy. Filing triggers an "automatic stay" that stops most collection, including foreclosure, at least for a time. Chapter 13 can let you catch up over three to five years. See a bankruptcy lawyer.

In Mississippi

Mississippi foreclosures usually skip the courts. A trustee sells the house after advertising it for three weeks in a row in a county newspaper and posting notice at the courthouse. Until the sale, you can stop it by paying what's past due, plus any taxes and insurance premiums the lender paid for you, with interest, and the costs and fees so far, not the whole loan. After a sale, the lender has one year to sue for any shortfall.

Your options

Every way to catch up, change the loan or leave on your terms is in Behind on your mortgage in Louisiana: every option. If you owe more than the house is worth, see Owing more than your house is worth.

Free help

  • A HUD-approved housing counselor, free or low-cost: use the CFPB's counselor finder or call HUD at (800) 569-4287.
  • Southeast Louisiana Legal Services, free legal help with foreclosure if you qualify: 1-844-244-7871, or slls.org.

How Passkey can help

If selling is the right move, Passkey can make a written cash offer to buy the house as-is within 24 hours, with no fees or commission.

Questions

Can I stay in my house during a foreclosure?

Yes. You own it until the sheriff's sale, and afterward the buyer must go through the courts to remove you.

Can I get my house back after the sheriff's sale?

No. Louisiana gives no right to buy a house back after a foreclosure sale, so act before the auction.

Will I still owe money after the sale?

It depends on the appraisal. If the house sold without one, under a waiver in your mortgage, Louisiana law treats the rest of the debt as paid, as far as you're personally concerned. If it was appraised, the lender can ask the court for the shortfall. Ask a lawyer.

Thinking about selling the house?

Sources

  1. 12 CFR 1024.41, loss mitigation: no first foreclosure filing until more than 120 days delinquent; the 37-day rule ecfr.gov
  2. 12 CFR 1024.39, early intervention: live contact by day 36, written notice by day 45 ecfr.gov
  3. La. C.C.P. art. 2631, executory proceedings and the confession of judgment legis.la.gov
  4. La. C.C.P. art. 2638, order for a writ of seizure and sale legis.la.gov
  5. La. C.C.P. art. 2640, citation not necessary in an executory proceeding legis.la.gov
  6. La. C.C.P. art. 2721, notice of seizure, online auctions and housing counseling legis.la.gov
  7. La. R.S. 13:3852, notices of seizure; first sale date at least 60 days after the order legis.la.gov
  8. La. C.C.P. art. 2331, at least two publications for immovable property legis.la.gov
  9. La. R.S. 43:203, timing of judicial sale advertisements legis.la.gov
  10. La. C.C.P. art. 2723, appraisal unless waived legis.la.gov
  11. La. R.S. 13:4363, notice to the debtor to name an appraiser legis.la.gov
  12. La. C.C.P. art. 2336, two-thirds minimum bid and the second offering legis.la.gov
  13. La. C.C.P. art. 3721, payoff amount filed before the sale (Act 250 of 2025) legis.la.gov
  14. St. Tammany Parish Sheriff, Civil Division: sheriff's sales on Wednesdays at 10 a.m. stpso.com
  15. Jefferson Parish Sheriff, judicial auctions: Wednesdays at 10 a.m. in Harvey jpso.com
  16. La. C.C.P. art. 2371, the adjudication transfers ownership legis.la.gov
  17. La. C.C.P. art. 2373, surplus paid to the debtor legis.la.gov
  18. La. C.C.P. art. 4704, a former owner is an occupant for eviction legis.la.gov
  19. St. Tammany Parish Sheriff, sheriff's sale FAQ: the buyer must evict through a court stpso.com
  20. Nolo/AllLaw, Foreclosure in Louisiana (updated Mar. 12, 2025): two to six months; no right of redemption alllaw.com
  21. Kean Miller, Executory process foreclosure on real estate in Louisiana (May 2, 2023) keanmiller.com
  22. La. C.C.P. art. 2340, payment before the adjudication prevents the sale legis.la.gov
  23. Freddie Mac, Louisiana Mortgage, Form 3019 (07/2021), sec. 20: reinstatement up to five days before a sale sf.freddiemac.com
  24. La. C.C.P. art. 2642, suspensive appeal within 15 days; security legis.la.gov
  25. La. C.C.P. art. 2751, injunction to arrest the seizure and sale legis.la.gov
  26. Southeast Louisiana Legal Services, contact us slls.org
  27. U.S. Courts, automatic stay uscourts.gov
  28. U.S. Courts, Chapter 13 bankruptcy basics uscourts.gov
  29. La. R.S. 13:4106, no deficiency after a sale without appraisal legis.la.gov
  30. La. C.C.P. art. 2771, deficiency judgment only after a sale with appraisal legis.la.gov
  31. Miss. Code sec. 89-1-55, notice of a trustee's sale codes.findlaw.com
  32. Miss. Code sec. 89-1-59, stopping a sale by paying the amount past due codes.findlaw.com
  33. Miss. Code sec. 15-1-23, one year to sue for a deficiency codes.findlaw.com
  34. Nolo/AllLaw, Mississippi foreclosure laws (updated Mar. 11, 2025) alllaw.com

Free help, whoever you choose

They're free or low-cost and have nothing to do with us.

  • If you're behind on payments, talk to a counselor first.

    They'll go through your lender's options with you before you decide anything.

  • HUD-approved housing counselors

    Free or very low-cost help with your lender’s options, nationwide.

    (800) 569-4287Find one near you (CFPB)

  • Southeast Louisiana Legal Services

    Free legal help, with offices in Covington, Hammond, New Orleans and more.

    slls.org

  • Louisiana Fair Housing Action Center

    Help with housing discrimination and foreclosure.

    (504) 596-2100

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