RDCSB333 4747 3438
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
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 mortgage,
privilege, or security interest, the judgment or order of executory process granted may
include any amounts which accrue after the rendition of the judgment or order and until the
judicial sale, 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 also 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 the seizing creditor or his counsel shall, upon the request of the
sheriff, file into the record the payoff amount of the obligation being enforced including any
amounts which have accrued after the issuance of the order of executory process or the
judgment rendered in an ordinary proceeding prior to the date of the sheriff's sale.
Proposed law provides that any party with an interest in the property seized, including but
not limited to mortgage and lien holders, and the defendant, may file a rule to show cause
to traverse the payoff amount filed in accordance with proposed law.
Proposed law provides that a judicial sale 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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
Page 1 of 2 RDCSB333 4747 3438
1. Specify that in any ordinary or executory proceeding to enforce a mortgage,
privilege, or security interest, the judgment or order of executory process granted
may include any amounts which accrue after the rendition of the judgment or
order and until the judicial sale.
2. Require the seizing creditor or his counsel to file the payoff amount of the
obligation being enforced including any amounts which have accrued after the
issuance of the order of executory process or the judgment rendered in an
ordinary proceeding prior to the date of the sheriff's sale upon the request of the
sheriff.
3. Provide that a defendant may file a rule to show cause to traverse the payoff
amount in accordance with proposed law.
4. Specify that judicial sales shall be valid notwithstanding a failure of an interested
party to effectuate the provisions of proposed law.
Page 2 of 2