SLS 24RS-490 ORIGINAL
2024 Regular Session
SENATE BILL NO. 333
BY SENATOR MORRIS
CIVIL PROCEDURE. Provides for methods of enforcing mortgages. (8/1/24)
1 AN ACT
2 To amend and reenact Code of Civil Procedure Art. 3721, relative to methods of enforcing
3 mortgages; to provide relative to civil actions; to provide with respect to provisions
4 of the judgment; to provide relative to specific amounts, costs, expenses, and fees;
5 to provide relative to terms, conditions, procedures, and requirements; to provide
6 relative to judicial process, collection proceedings, and sales under fieri facias; and
7 to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Civil Procedure Art. 3721 is hereby amended and reenacted to
10 read as follows:
11 Art. 3721. Methods of enforcing mortgage
12 A. A conventional mortgage is enforced by ordinary or executory
13 proceedings.
14 B. In any executory or ordinary proceeding to enforce a promissory note
15 or other debt instrument combined with a mortgage or other security device,
16 the judgment or order of executory process granted may include any amounts
17 which accrue after the rendition of the judgment or order until the collateral is
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 333
SLS 24RS-490 ORIGINAL
1 sold by judicial process pursuant to the provisions of the promissory note, debt
2 interest, or security device, including, without limitation, obligations to
3 reimburse advances for taxes and insurance, inspection or other fees provided
4 for by contract, reasonable attorney fees, and court costs. The provisions of this
5 Article shall be enforceable notwithstanding any other provision of law
6 requiring that a judgment or order specify a definite amount.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 333 Original 2024 Regular Session Morris
Present law (C.C.P. Art. 3721) provides that a conventional mortgage is enforced by
ordinary or executory proceedings.
Proposed law provides that in any executory or ordinary proceeding to enforce a promissory
note or other debt instrument combined with a mortgage or other security device, the
judgment or order of executory process granted may include any amounts which accrue after
the rendition of the judgment or order until the collateral is sold by judicial process pursuant
to the provisions of the promissory note, debt interest, or security device, including, without
limitation, obligations to reimburse advances for taxes and insurance, inspection or other
fees provided for by contract, reasonable attorney fees, and court costs. Proposed law
provides that proposed law shall be enforceable notwithstanding any other provision of law
requiring that a judgment or order specify a definite amount.
Effective August 1, 2024.
(Amends C.C.P. Art. 3721)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.