2024 Regular Session ENROLLED
SENATE BILL NO. 333
BY SENATOR MORRIS
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 ordinary or executory proceeding to enforce a mortgage,
15 privilege, or security interest, the judgment or order of executory process
16 granted may include any amounts which accrue after the rendition of the
17 judgment or order and until the judicial sale including, without limitation,
18 obligations to reimburse advances for taxes and insurance, inspection or other
19 fees provided for by contract, reasonable attorney fees, and court costs. The
20 provisions of this Article shall be enforceable notwithstanding any other
21 provision of law requiring that a judgment or order specify a definite amount.
22 C. Prior to the date of the sheriff's sale, the seizing creditor or his counsel
23 shall, upon the request of the sheriff, file into the record the payoff amount of
24 the obligation being enforced including any amounts which have accrued after
25 the issuance of the order of executory process or the judgement rendered in an
26 ordinary proceeding.
27 D. Any party with an interest in the property seized, including but not
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 333 ENROLLED
1 limited to mortgage and lien holders, and the defendant, may file a rule to show
2 cause to traverse the payoff amount filed in accordance with Subsection C of
3 this Article.
4 E. A judicial sale shall be valid notwithstanding failure of an interested
5 party to comply with the provisions of this Article.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.