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Regular Session, 2013
SENATE BILL NO. 27
BY SENATOR BROOME AND REPRESENTATI VE WESLEY BISHOP
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
the possibility of a change in scheduled sale dates of seized property; to provide for6
the information to be included in notice of seizure of property and applicable sale7
dates; and to 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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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. No other notice4
of seizure shall be required.5
B. The following form may shall be used for these notices by the sheriff:6
"Notice is hereby given that I am this day seizing, in accordance with the7
provisions of R.S. 13:3851 through 13:3861, the following described immovable8
property, to wit: _______________________________________ as the property of9
____________, under a writ of ______________, issued on the ______ day of10
_________, _____, by the ____________ District Court for the Parish of11
_______________________________, in the matter entitled ______________12
versus___________________, No. _______ of its docket, to satisfy a claim of13
$___________, interest and costs, this ____ day of __________, _____. This matter14
is scheduled for sheriff's sale on ________day of________, ________,15
at_______A.M./P.M., or any day thereafter as scheduled by the sheriff. Please be16
aware that the sheriff's sale date may change. You may contact the sheriff's17
office to find out the new date when the property is scheduled to be sold. The18
new sale date will also be published in the local newspaper in accordance with19
R.S. 43:203. If the seized property is residential property, you may be afforded20
the opportunity to bring your account in good standing by entering into a loss21
mitigation agreement with your lender, or by paying all of your past due22
payments plus permitted costs and expenses within the time permitted by law23
for reinstatement of your account. You are strongly encouraged to seek legal24
counsel. If you cannot afford to pay an attorney, you may be able to qualify for25
free legal services. Foreclosure prevention counseling services through a26
housing counselor, including loss mitigation, are provided free of charge. To27
find a local housing counseling agency approved by the U.S. Department of28
Housing and Urban Development, you may contact the U.S. Department of29 SB NO. 27
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Housing and Urban Development or the Louisiana Housing Corporation.1
2
_______________________,3
Sheriff4
Parish of _________________5
By: _____________________"6
C. The sheriff shall not be required to serve any further notice of rescheduled7
sale dates provided he has not returned the writ to the clerk of court.8
Section 2. Code of Civil Procedure Articles 2293(B)(1) and 2721(B) are hereby9
amended and reenacted to read as follows:10
Art. 2293. Notice to judgment debtor; appointment of attorney11
* * *12
B. (1) After the seizure of property, and at least forty-five days prior to the13
initial scheduled sale date, the sheriff shall serve promptly upon the judgment14
debtor a written notice of the seizure and a list of the property seized, in the manner15
provided for service of citation. Such notice of seizure shall be accomplished by16
personal service or domiciliary service. If service cannot be made on the judgment17
debtor or his attorney of record, the court shall appoint an attorney upon whom18
service may be made. The notice of seizure shall be substantially similar to include19
information concerning the availability of housing counseling services, as well20
as the time, date, and place of the sheriff's sale, in accordance with the form21
provided in R.S. 13:3852(B).22
* * *23
Art. 2721. Seizure of property; notice24
* * *25
B. At least forty-five days prior to the initial scheduled sale date, The the26
sheriff shall serve upon the defendant a written notice of the seizure of the property.27
Such notice of seizure shall be accomplished by personal service or domiciliary28
service. The notice of seizure shall include information concerning the29 SB NO. 27
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availability of housing counseling services, as well as the time, date, and place1
of the sheriff's sale, in accordance with the form provided in R.S. 13:3852(B).2
* * *3
Section 3. The provisions of this Act shall be known and may be cited as the4
Louisiana Home Protection Act.5
The original instrument was prepared by Julie J. Baxter. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michelle Broussard-Johnson.
DIGEST
Broome (SB 27)
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 availability of housing counseling services.
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
sheriff's sale date may change and that the defendant (judgment debtor) may contact the
sheriff's office to find out the new date when the property is scheduled to be sold, and that
the new sale date will be published in the local newspaper. Further provides that the notice
of seizure shall contain information that, if the seized property is residential property, the
defendant may be afforded the opportunity 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.
Proposed law further provides that the notice of seizure shall also indicate that the defendant
(judgment debtor) is strongly encouraged to seek legal counsel. Further includes notice to
defendant that, if he cannot afford to pay an attorney, he may be able to qualify for free legal
services.
Proposed law further provides that foreclosure prevention counseling services through a
housing counselor, 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 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.
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.
Proposed law provides that the sheriff's service of the notice of seizure shall be at least 45
days prior to the scheduled sale date, and shall be accomplished by personal or domiciliary
service. Proposed law further 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 availability of housing counseling services, as well as time, date, and place of sheriff's
sale.
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 45 days prior to the scheduled sale date. Proposed
law further provides that the notice of seizure shall include information concerning the
availability of housing counseling services, as well as time, date, and place of the sheriff's
sale, in accordance with the form provided in R.S. 13:3852(B).
Effective August 1, 2013.
(Amends R.S. 13:3852 and C.C.P. Arts. 2293(B)(1) and 2721(B))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Removes proposed requirement that the sheriff serve amended notices each
time the sheriff's sale date changes.
2. Adds notification in sheriff's form notice that sheriff's sale date may change,
that the new sale date may be obtained by contacting the sheriff's office, and
that the new sale date will be published in the local newspaper.
3. Adds notification that the judgment debtor is strongly encouraged to obtain
the services of a housing counselor, bankruptcy attorney or other competent
legal counsel, and that if the judgment debtor cannot afford to pay an
attorney, he may be able to qualify for free legal services.
4. Changes the proposed required time period between sheriff's service of the
notice of seizure on the judgment debtor and the sheriff's sale date from 90
days to 45 days.
Senate Floor Amendments to engrossed bill
1. Makes Legislative Bureau technical changes.
2. Provides that foreclosure prevention counseling services should be made
through a housing counselor.
3. Encourages judgment debtor to seek legal counsel.
4. Makes Bureau note changes.