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words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 27
BY SENATOR BROOME
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEIZURES/SALES. Provides for the Louisiana Home Protection Act. (8/1/13)
AN ACT1
To amend and reenact R.S. 13:3852 and Code of Civil Procedure Articles 2293(B)(1) and2
2721(B), relative to seizure and sale of property; to provide relative to notice to3
judgment debtors in money judgments after seizure of property; to provide for the4
type of service and timing of notice of seizure of property; to provide for notice of5
a change in scheduled sale dates of seized property; to provide for the information6
to be included in notice of seizure of property and applicable sale dates; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 13:3852 is hereby amended and reenacted to read as follows:10
ยง3852. Notices of seizure11
A. The sheriff to whom the writ is directed shall make three notices setting12
forth the title of the action or proceeding, its docket number, the court which issued13
the writ, the amount of the judgment or claim specified in the writ, an exact copy of14
the description of the immovable property furnished him in accordance with R.S.15
13:3851, and the fact that the sheriff is seizing the described property, in accordance16
with Code of Civil Procedure Article 2293, information as provided in Paragraph17 SB NO. 27
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words in boldface type and underscored are additions.
B concerning the property owner's rights and the availability of housing1
counseling services, and, if applicable, the date of the first scheduled sale of the2
property. If the immovable property to be seized is owned by more than one party,3
the sheriff shall make an additional notice for each additional party. In the event of4
a change to the scheduled sale date, the sheriff shall make a number of amended5
notices equal to the number of original notices made within three days of the6
change to the scheduled sale date. No other notice of seizure shall be required.7
B. The following form may shall be used for these notices by the sheriff:8
"Notice is hereby given that I am this day seizing, in accordance with the9
provisions of R.S. 13:3851 through 13:3861, the following described immovable10
property, to wit: _______________________________________ as the property of11
____________, under a writ of ______________, issued on the ______ day of12
_________, _____, by the ____________ District Court for the Parish of13
_______________________________, in the matter entitled ______________14
versus___________________, No. _______ of its docket, to satisfy a claim of15
$___________, interest and costs, this ____ day of __________, _____. This matter16
is scheduled for sheriff's sale on ________day of________, ________,17
at_______A.M./P.M., or any day thereafter as scheduled by the sheriff. You may18
have the legal right to bring your account in good standing by entering into a19
loss mitigation agreement with your lender, or by paying all of your past due20
payments plus permitted costs and expenses within the time permitted by law21
for reinstatement of your account. Foreclosure prevention counseling services,22
including loss mitigation, are provided free of charge. To find a local housing23
counseling agency approved by the U.S. Department of Housing and Urban24
Development, you may call the U.S. Department of Housing and Urban25
Development or the Louisiana Housing Corporation.26
27
_______________________,28
Sheriff29 SB NO. 27
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words in boldface type and underscored are additions.
Parish of _________________1
By: _____________________"2
C. The sheriff shall not be required to serve any further notice of rescheduled3
sale dates provided he has not returned the writ to the clerk of court.4
Section 2. Code of Civil Procedure Articles 2293(B)(1) and 2721(B) are hereby5
amended and reenacted to read as follows:6
Art. 2293. Notice to judgment debtor; appointment of attorney7
* * *8
B. (1) After the seizure of property, and at least ninety days prior to the9
scheduled sale date, the sheriff shall serve promptly upon the judgment debtor a10
written notice of the seizure and a list of the property seized, in the manner provided11
for service of citation. Such notice of seizure shall be accomplished by personal12
service or domiciliary service. If service cannot be made on the judgment debtor13
or his attorney of record, the court shall appoint an attorney upon whom service may14
be made. The notice of seizure shall be substantially similar to in accordance with15
the form provided in R.S. 13:3852, and, as provided in R.S. 13:3852(B), shall16
include information concerning the property owner's rights and the availability17
of housing counseling services, as well as the time, date, and place of the18
sheriff's sale. In the event of a change to the scheduled sale date, the sheriff19
shall serve upon the judgment debtor an amended written notice of the seizure20
within five days of the schedule change. Such amended notice of seizure shall21
be accomplished by personal service or domiciliary service.22
* * *23
Art. 2721. Seizure of property; notice24
* * *25
B. At least ninety days prior to the scheduled sale date, The the sheriff26
shall serve upon the defendant a written notice of the seizure of the property. Such27
notice of seizure shall be accomplished by personal service or domiciliary28
service. The notice of seizure shall be in accordance with the form provided in29 SB NO. 27
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
R.S. 13:3852 and, as provided in R.S. 13:3852(B), shall include information1
concerning the property owner's rights and the availability of housing2
counseling services, as well as the time, date, and place of the sheriff's sale. In3
the event of a change to the scheduled sale date, the sheriff shall serve upon the4
judgment debtor an amended written notice of the seizure within five days of5
the schedule change.6
* * *7
Section 3. The provisions of this Act shall be known and may be cited as the8
Louisiana Home Protection Act.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Present law provides that, for notices of seizure, the sheriff to whom the writ is directed shall
make three notices setting forth the title of the action, its docket number, the court which
issued the writ, the amount of the judgment or claim specified in the writ, an exact copy of
the description of the immovable property furnished him, the fact that the sheriff is seizing
the property, and the date of the first scheduled sale of the property.
Proposed law provides that, in addition to those items, the sheriff's notice of seizure shall
provide information concerning the property owner's rights and the availability of housing
counseling services. Further provides that when a scheduled sale date changes, the sheriff
shall make a number of amended notices equal to the number of original notices made within
three days of the change to the scheduled sale date.
Present law provides that the sheriff may use the form set out in R.S. 13:3852 for a notice
of seizure.
Proposed law provides that the sheriff shall use the form set out in R.S. 13:3852 for a notice
of seizure.
Present law provides the form the sheriff may use for a notice of seizure.
Proposed law adds to the form the sheriff shall use for notice of seizure information that the
defendant has the legal right to bring his account in good standing by entering into a loss
mitigation agreement with his lender, or by paying all his past due payments plus permitted
costs and expenses within the time permitted by law for reinstatement of his account.
Further includes in the notice of seizure form that foreclosure prevention counseling
services, including loss mitigation, are provided free of charge. Further includes in the form
for notice of seizure advice that the U.S. Department of Housing and Urban Development
and the Louisiana Housing Corporation provide local housing counseling services.
Present law provides that after seizure of property, the sheriff shall serve promptly upon the
judgment debtor a written notice of seizure and list of property seized, in the manner
provided for service of citation. If service cannot be made on the judgment debtor or his
attorney of record, the court shall appoint an attorney to serve. The notice of seizure shall
be substantially similar to the form provided in R.S. 13:3852. SB NO. 27
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that the sheriff's service shall be at least 90 days prior to the
scheduled sale date, and shall be accomplished by personal or domiciliary service. Removes
the option of appointing an attorney for service. Proposed law provides that the notice of
seizure shall be in the form provided in R.S. 13:3852, and provides that the form shall
include information concerning the property owner's rights and availability of housing
counseling services, as well as time, date, and place of sheriff's sale. Proposed law provides
that, in the event the date of sale changes, the sheriff shall serve upon the judgment debtor
by personal or domiciliary service an amended written notice of the seizure within five days
of the schedule change.
Present law provides that, in the execution of a writ of seizure and sale, the sheriff shall
serve upon the defendant a written notice of the seizure of the property.
Proposed law provides that the sheriff shall serve such written notice upon the defendant by
personal or domiciliary service at least 90 days prior to the scheduled sale date. Proposed
law further provides that the notice of seizure shall be in accordance with the form provided
in R.S. 13:3852, and provides that the form shall include information concerning the
property owner's rights and the availability of housing counseling services, as well as the
time, date, and place of the sheriff's sale. Proposed law further provides that when a
scheduled sale date changes, the sheriff shall serve upon the judgment debtor an amended
written notice of the seizure within five days of the schedule change.
Effective August 1, 2013.
(Amends R.S. 13:3852 and C.C.P. Arts. 2293(B)(1) and 2721(B))