Louisiana 2019 Regular Session

Louisiana House Bill HB4

Introduced
1/28/19  
Introduced
1/28/19  
Refer
1/28/19  
Refer
4/8/19  
Refer
4/8/19  
Report Pass
5/8/19  
Engrossed
5/21/19  
Engrossed
5/21/19  
Refer
5/22/19  
Refer
5/22/19  
Report Pass
5/28/19  
Enrolled
6/3/19  
Enrolled
6/3/19  
Chaptered
6/11/19  
Chaptered
6/11/19  

Caption

Provides relative to the procedures for sheriff's sales of property

Impact

This bill is expected to have significant implications for state laws governing property sales. Specifically, the amendments streamline the requirements for reading and producing said certificates, potentially reducing bureaucratic hurdles for sheriffs and improving efficiency in sales. However, the bill also stipulates that failures in these procurement processes by sheriffs will not invalidate the sales, thus providing additional legal protection for sheriffs and purchasers.

Summary

House Bill 4 aims to amend and reenact existing laws concerning the procedures for sheriff's sales of property in Louisiana. The primary focus is on modifying how mortgage certificates and other related documentation are handled during the sale process. Under the new provisions, the sheriff has more flexibility in how to present these certificates, including options for electronic means and public postings, which could modernize the auction process and make it more accessible to the public.

Sentiment

The general sentiment towards HB4 appears to be supportive among those who value modernizing procedural aspects of property sales. Legal professionals and sheriffs may find the changes beneficial as they adapt to new technologies and practices. Conversely, there could be concerns about accountability, as the bill insulates sheriffs from consequences regarding the handling of certificates, which some may see as a reduction in transparency or standard practices.

Contention

Some notable points of contention could arise regarding the balance between efficiency and accountability. Critics might argue that by alleviating the sheriff's responsibilities concerning the reading and provision of certificates, there is a risk of compromising the thoroughness and integrity of sheriff's sales. The provisions offering legal immunity in case of procedural failures may lead to debates about the adequacy of checks and balances necessary to protect public interest during property sales.

Companion Bills

No companion bills found.

Previously Filed As

LA HB348

Provides relative to the procedures for sheriff's sales of property

LA SB494

Provides relative to seizure of property. (8/1/22)

LA SB140

Provides relative to online judicial sales. (8/1/23)

LA HB466

Provides relative to notice requirements for property that is subject to tax sales (REC SEE FISC NOTE LF EX)

LA SB363

Provides for release of superior mortgage payoff amount for sheriff sales. (8/1/22)

LA HB401

Provides relative to post-sentence statements, documents, and procedures

LA HB1007

Provides relative to tax sale property (EN NO IMPACT LF EX See Note)

LA HB605

Provides with respect to procedures and notifications required for tax sales (OR INCREASE LF EX See Note)

LA HB225

Provides relative to tax sale property

LA HB298

Provides relative to payment of insurance premiums for certain sheriffs and deputy sheriffs of the St. Landry Parish Sheriff's Office (EN SEE FISC NOTE LF EX)

Similar Bills

No similar bills found.