The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 333 Engrossed 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 ordinary or executory 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 including 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.
Proposed law provides that prior to the date of the sheriff's sale, the seizing creditor or his counsel
shall file into the record the payoff amount of the obligation being enforced including any amounts
which have accrued after the filing of the petition, or rendition of the judgment or order in the case
of ordinary process.
Proposed law provides that any party with an interest in the property seized, including but not limited
to mortgage and lien holders, may file a rule to show cause to traverse the payoff amount filed in
accordance with proposed law.
Proposed law provides that the rule to show cause shall be filed before the sheriff disburses any
funds from the judicial sale pursuant to the writ being executed.
Proposed law provides that a sheriff's or other sale held pursuant to court order shall be valid
notwithstanding failure of an interested party to comply with the provisions of proposed law.
Effective August 1, 2024.
(Amends C.C.P. Art. 3721)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill
1. Makes technical changes. 2. Requires the payoff amount of the obligation being enforced, including any amounts
which accrued after the filing of the petition or rendition of the judgment or order,
to be filed into the record prior to the date of the sheriff's sale.
3. Allows any party with interest in the property seized to traverse the payoff amount
prior to the sheriff disbursing the funds from the judicial sale pursuant to the writ
being executed.
4. Provides that a sheriff's or other sale shall be valid notwithstanding failure of a party
to comply with the filing procedures.