Louisiana Foreclosure Laws Become More Consumer Friendly

by Kevin Gipson, New Orleans Bankruptcy Attorney

September 9, 2013

Louisiana homeowners facing foreclosure have something to cheer about in the form of greater protections from lenders.Padlock On HOuse

Louisiana, where I practice bankruptcy law, is a judicial foreclosure state, meaning that the procedure for seizing and selling a house requires a Creditor to file a lawsuit.  However, Louisiana is, for all purposes, a judicial foreclosure state in name only, since most foreclosure proceedings occur by a process known as “executory process.”

Executory process in a foreclosure proceeding means that the mortgage company simply files a notice with the court that they want the Sheriff to seize the property and sell it at auction.

There are some safeguards built into the system to protect the consumer, but very few, until a recent change that requires a notice of options that a consumer may have to avoid the foreclosure.

Act 339 of the 2013 Louisiana Legislative Session, entitled the Louisiana Home Protection Act went into effect on August 1, 2013 and now requires the Sheriff serving the Notice of Seizure to include information about options that might stop the foreclosure.

broome2005The Louisiana Home Protection Act, which was introduced by Louisiana State Senator Sharon Weston Broome requires a notice to accompany the Notice of Seizure advising the consumer that if the foreclosure involves a residential property:

 

  • That the consumer may be able to bring their account current by entering into a loss mitigation agreement with their lender, or by paying all of the payments, costs and expenses owed by the consumer within the time permitted by law for reinstatement of the loan.
  • That the consumer should consider seeking legal counsel, and further advises them that if they cannot afford to pay an attorney, they may be able to qualify for free legal services.
  • That the consumer can get foreclosure prevention counseling services through a housing counselor, including loss mitigation services, free of charge.

by , New Orleans, LA bankruptcy lawyer.

 

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I've been a consumer bankruptcy lawyer for nearly 25 years. Since that time I have helped many people resolve their financial problems. I have been practicing law since 1986 and I am licensed to practice in all state and federal courts in the State of Louisiana. Because I am a sole practitioner, you know that your debt matters are being handled by me personally. In addition to my work with consumers, I am also frequently asked to speak at local seminars on bankruptcy law. I am member of the following organizations: • Louisiana Bar Association • National Association of Consumer Bankruptcy Attorneys • Bankruptcy Law Network My office is located at: 3920 General DeGaulle Drive, New Orleans, LA 70114 Telephone: (504) 368-4101

Last modified: September 10, 2013