Best Foreclosure Lawyers in Louisiana

About Foreclosure Law in Louisiana, United States

Foreclosure is a legal process through which a lender reclaims a property from a borrower who has failed to keep up with mortgage payments. In Louisiana, foreclosure law is influenced by both state statutes and the traditional civil law heritage unique to the state. Foreclosure proceedings in Louisiana are primarily "judicial," which means the lender must go through the court system to obtain permission to foreclose. This process aims to balance the interests of lenders trying to recover unpaid debt and homeowners seeking to protect their property rights.

Why You May Need a Lawyer

There are several reasons why individuals facing foreclosure in Louisiana may need legal assistance:

• You have received a foreclosure notice and are not sure of your rights or options
• You believe that the lender has not followed proper procedures or there may be errors in the process
• You wish to explore alternatives to foreclosure, such as loan modification, short sale, or repayment plans
• You want to file a legal defense or counterclaim against the lender
• You are dealing with potential issues of fraud, predatory lending, or wrongful foreclosure
• You face eviction from your property as a result of foreclosure
• You need help navigating bankruptcy as a possible solution

Local Laws Overview

Louisiana has specific laws that regulate how foreclosures must proceed:

• Most foreclosures in Louisiana are judicial, requiring the lender to file a lawsuit in state court.
• The foreclosure process often involves an "executory proceeding," which is an expedited court process based on the lender's possession of an authentic mortgage note.
• Borrowers generally have limited time - often just 15 days after service of notice - to respond after a lawsuit is initiated.
• After the court authorizes the seizure and sale, the property is auctioned to the public. There is no statutory right of redemption (no automatic right to reclaim the property after the sale).
• Deficiency judgments are allowed in Louisiana, meaning the lender may be able to pursue the borrower for any remaining debt after the property is sold.
• Certain federal protections, such as notice requirements for federally backed mortgages, may also apply.
• Special rules may apply to properties impacted by hurricanes or disaster declarations, potentially affecting timelines or remedies.

Frequently Asked Questions

What is the typical foreclosure process in Louisiana?

In Louisiana, most foreclosures are judicial. The lender files a lawsuit, and if the court grants the foreclosure, the property is sold at a sheriff's auction. The borrower is notified throughout the process and has a chance to respond in court.

How long does the foreclosure process take?

The process can be relatively quick, sometimes as little as three months from the initial default, but it often depends on court schedules, the borrower's defenses, and other factors.

Can I stop a foreclosure once it has started?

You may be able to stop foreclosure by curing the default, negotiating with the lender, seeking loan modification, or filing for bankruptcy. Legal defenses may be available depending on the facts of your case.

Do I have to move out right after the foreclosure sale?

Once the property is sold, the new owner may start eviction proceedings if you do not leave voluntarily. Timelines may vary, and you may have a short period to vacate.

Is there a right of redemption in Louisiana?

No, Louisiana does not offer a statutory right of redemption. Once the foreclosure sale is completed and confirmed, the borrower cannot reclaim the property by paying off the debt.

What happens if my property sells for less than I owe?

The lender may seek a deficiency judgment for the difference between what you owe and the sale price. This means you could still owe money after losing your home.

Can I contest the foreclosure in court?

Yes, you can raise defenses if there are legal grounds, such as improper notice, errors in the amount owed, or evidence that the lender did not follow the required procedures.

What is an "executory proceeding" in Louisiana?

An executory proceeding is an expedited foreclosure process based on the lender having the original, authentic mortgage note. It involves less court oversight and usually results in quicker sales.

Will foreclosure affect my credit?

Yes, foreclosure will likely lower your credit score and remain on your credit report for up to seven years, impacting your ability to borrow in the future.

Should I consider bankruptcy to prevent foreclosure?

Bankruptcy, especially Chapter 13, can halt foreclosure and let you catch up on missed payments, but it is a serious decision with long-term consequences. Consult a lawyer before proceeding.

Additional Resources

If you need assistance with a foreclosure in Louisiana, some helpful resources include:

• Louisiana Attorney General’s Office - Consumer Protection Section
• Louisiana State Bar Association’s Lawyer Referral Service
• United States Department of Housing and Urban Development (HUD) approved housing counselors
• Local Legal Aid Societies such as Southeast Louisiana Legal Services
• Louisiana Housing Corporation
• National Foundation for Credit Counseling
• Federal Consumer Financial Protection Bureau (CFPB) for information on foreclosure and mortgage help

Next Steps

If you are facing foreclosure or believe you may soon, it is important to act quickly. Here are suggested next steps:

• Gather all documentation related to your mortgage, payments, and foreclosure notices
• Contact your lender right away to discuss options and stay informed
• Reach out to a housing counselor or attorney experienced in Louisiana foreclosure law
• Respond promptly to any court documents or notices you receive
• Explore alternatives such as loan modification or bankruptcy with professional assistance
• Do not ignore foreclosure notices - early intervention can vastly improve your options