HASBSB333 GETTYSH 3443
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 333 2024 Regular Session Morris
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
CIVIL PROCEDURE. Provides for methods of enforcing mortgages. (8/1/24)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. 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.
2. Requires 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. Adds that a defendant may file a rule to show cause to traverse the payoff
amount in accordance with proposed law.
4. Provides that judicial sales shall be valid notwithstanding a failure of an
interested party to effectuate the provisions of proposed law.
5. Makes technical changes.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
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. HASBSB333 GETTYSH 3443
(Amends C.C.P. Art. 3721)
______________________
Hanna Gettys
Attorney