Louisiana Judgment Foreclosing Mortgage and Ordering Sale

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US-02647BG
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Description

A judicial foreclosure is one which results from a court action rather than from the power of sale given to a trustee. Judicial foreclosures occur when a trust deed or mortgage deed does not have a power of sale clause, thus compelling the lender to take the borrower to court. This is in contrast to a non-judicial foreclosure, in which a foreclosure can be completed outside the court system.
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FAQ

For a creditor to utilize executory process under Louisiana law, it must possess certain loan documents. Specifically, the mortgage must contain a confession of judgment of the indebtedness and must be in authentic form (i.e., executed before a notary and two witnesses).

Louisiana doesn't allow any period of redemption for borrowers. While the entire foreclosure usually takes 60 to 180 days, the borrower has to move quickly to stop the foreclosure. Once the writ of seizure and sale is ordered, the borrower can't remedy the mortgage to remain in the home.

Federal law generally prohibits a mortgage servicer from making the "first notice or filing" (see below) to start a judicial foreclosure or nonjudicial foreclosure until a borrower's mortgage loan obligation is more than 120 days delinquent.

Mortgage delinquency is a real estate term that refers to when homeowners are at least 30 days overdue on making at least one mortgage payment. Consequences for mortgage delinquency range from late fees to credit impacts and possibly foreclosure on a home.

Generally, federal law prohibits a lender from starting foreclosure until the borrower is more than 120 days past due.

Under federal law, in most cases, a mortgage servicer can't start a foreclosure until a homeowner is more than 120 days overdue on payments.

Foreclosure restrictions A mortgage servicer may not make a first notice or filing for foreclosure until the borrower is more than 120 days delinquent.

If you default on your mortgage payments for your home in Louisiana, the foreclosure will be either: an executory proceeding or. a judicial foreclosure.

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Louisiana Judgment Foreclosing Mortgage and Ordering Sale