A Foreclosure
La. C.C.P. art. 2642 — 15 days from the notice of seizure to take a suspensive appeal from an executory foreclosure
Most Louisiana mortgages carry a confession of judgment, which allows executory proceedings: the seizure and sale of the property without a prior citation and judgment. No citation is needed in an executory proceeding.
Fifteen days to appeal. Defenses to an executory proceeding are raised by an injunction to stop the seizure and sale, by a suspensive appeal from the order for the writ of seizure and sale, or both. The suspensive appeal is taken within 15 days of service of the notice of seizure.
If the creditor uses a waiver of appraisement and the sale brings less than the debt, the debt stands fully satisfied as a personal obligation. A deficiency judgment for the rest is barred in that case.
Whether a particular mortgage waived appraisement is in its own terms. A particular foreclosure is a question for a licensed Louisiana attorney.
Sources for this section (4)
- La. C.C.P. art. 2631 — Use of executory proceedings
- La. C.C.P. art. 2640 — Citation unnecessary
- La. C.C.P. art. 2642 — Assertion of defenses; appeal
- La. R.S. 13:4106 — Deficiency judgment prohibited if sale made without appraisement
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.