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La. Rev. Stat. § 13:4344 Certificate when mortgage records destroyed; conveyance certificate in Orleans Parish; certificate of motor vehicle commissioner
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§4344. Certificate when mortgage records destroyed; conveyance certificate in Orleans Parish; certificate of motor vehicle commissioner When immovable or other property susceptible of being mortgaged is to be sold under a writ of fieri facias or of seizure and sale in a parish th…
La. Rev. Stat. § 13:4344.1 Deletion of inscriptions on mortgage certificates ordered by a sheriff
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§4344.1. Deletion of inscriptions on mortgage certificates ordered by a sheriff A. For immovable property procured pursuant to a judicial sale under a writ of fieri facias or a writ of seizure and sale, the clerk of court shall partially cancel from a mortgage certificate ordered…
La. Rev. Stat. § 13:4345 Penalty for failure of sheriff to procure and provide certificates required by law
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§4345. Penalty for failure of sheriff to procure and provide certificates required by law A sheriff who neglects to procure and provide the certificates required by law before a judicial sale under a writ of fieri facias or of seizure and sale shall be fined not less than two hun…
La. Rev. Stat. § 13:4346 Failure of occupant to deliver possession to purchaser; writ of possession
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§4346. Failure of occupant to deliver possession to purchaser; writ of possession Whenever a sheriff or constable acting under a writ of fieri facias, seizure and sale, or other order of sale, sells and adjudicates immovable property, and the occupant thereof does not deliver pos…
La. Rev. Stat. § 13:4347 Destruction of place where sale advertised to be held; change in advertisement
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§4347. Destruction of place where sale advertised to be held; change in advertisement In all cases where judicial sales have been advertised under an order of court, whether by the sheriff, constable, auctioneer, or any other officer, at a particular place, and where by destructi…
La. Rev. Stat. § 13:4348 Same; notice to parties
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§4348. Same; notice to parties Before advertising the change of place of sale as authorized in R.S. 13:4347, the sheriff, constable, auctioneer or other officer shall notify the parties to the suit of the place at which the sale shall be made, and of the time when the first adver…
La. Rev. Stat. § 13:4349 Title of suit to be shown in advertisement of sales under execution
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§4349. Title of suit to be shown in advertisement of sales under execution In all advertisements of sales of property under execution, the sheriff shall insert the title of the suit in which the writ is issued.
La. Rev. Stat. § 13:4350 Judicial sales made by sheriff
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§4350. Judicial sales made by sheriff All judicial sales made in pursuance of any order, judgment or decree of any court of this state, (except that of justices of the peace), shall be made by the sheriff of the parish where such sale is made unless otherwise provided.
La. Rev. Stat. § 13:4351 Sales for certain parishes made in New Orleans if requested
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§4351. Sales for certain parishes made in New Orleans if requested In all cases where judicial sales of property are required to be made in the parishes of St. Bernard, Plaquemines and Jefferson, the property may be cried and adjudicated in the city of New Orleans, if requested b…
La. Rev. Stat. § 13:4353 Recitals of sheriff's act of sale
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§4353. Recitals of sheriff's act of sale The sheriff's act of sale of property sold at judicial sale shall mention: (1) The writ by virtue of which the property was seized and sold; (2) The title and docket number of the action or proceeding in which the writ was issued, and the …
La. Rev. Stat. § 13:4354 Omission of any formality required by R.S
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§4354. Omission of any formality required by R.S. 13:4353 does not affect validity of sheriff's sale The omission of the sheriff to set out in his act of sale any of the recitals required by R.S. 13:4353 does not affect the validity of the judicial sale made by the sheriff. Added…
La. Rev. Stat. § 13:4355 Certified copy of sheriff's act of sale proof of recitals in original; duplicate act when original lost; certified copy of duplicate
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§4355. Certified copy of sheriff's act of sale proof of recitals in original; duplicate act when original lost; certified copy of duplicate A copy of the sheriff's act of sale or property sold at judicial sale, certified by the clerk of court, is full proof of all of the recitals…
La. Rev. Stat. § 13:4356 Delivery of sheriff's act of sale to clerk; registry
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§4356. Delivery of sheriff's act of sale to clerk; registry Upon the execution by the sheriff of his act of sale of property sold judicially by him, the sheriff shall deliver the act to the clerk of the district court. When the property sold is immovable, the clerk shall register…
La. Rev. Stat. § 13:4357 Record of sales under writs of fieri facias
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§4357. Record of sales under writs of fieri facias The sheriff shall record in a book kept by him for such purpose an exact account of all sales made by him under a writ of fieri facias, noting the sale, a description of the property sold, the name of the purchaser, and the price…
La. Rev. Stat. § 13:4358 Online auction companies
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§4358. Online auction companies A. The sheriff may, in accordance with law, engage an auction company to perform an online auction pursuant to Code of Civil Procedure Article 2344, but the sheriff remains responsible for the performance or nonperformance of the duties delegated t…
La. Rev. Stat. § 13:4359 Portion of price to be paid on adjudication
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§4359. Portion of price to be paid on adjudication In all judicial sales when the terms of the sale are not fixed in the writ, judgment, or order of sale, before the advertisement the party provoking the sale may instruct the officer conducting the sale as to what portion of the …
La. Rev. Stat. § 13:4360 Resale if required payment not made; resale if adjudicatee fails to pay balance
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§4360. Resale if required payment not made; resale if adjudicatee fails to pay balance A. If the terms of the sale provide for the full payment of the adjudication price at the moment of the adjudication, or if the terms provide for a deposit, and the purchaser fails to make the …
La. Rev. Stat. § 13:4361 Deposit not earnest money; rule to turn over deposit
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§4361. Deposit not earnest money; rule to turn over deposit If the terms of the sale provide for a deposit by the purchaser, this deposit shall not be considered earnest money and does not give the purchaser the right to withdraw from the sale by forfeiting the deposit. However, …
La. Rev. Stat. § 13:4362 Return of deposit if no loss, or of portion if loss does not exceed deposit
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§4362. Return of deposit if no loss, or of portion if loss does not exceed deposit After the second sale has been completed and the entire sale price has been paid, if no loss has resulted because of the resale, the deposit shall be returned to the first purchaser. If a loss has …
La. Rev. Stat. § 13:4363 Appointment of appraisers
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§4363. Appointment of appraisers A. Not less than seven days, exclusive of holidays, before the sale of seized property, the sheriff shall serve written notice on the debtor and on the seizing creditor, in the manner provided for the service of a citation, directing each to name …
La. Rev. Stat. § 13:4364 Sheriff to appoint appraiser if party does not appoint; delivery of appraisal
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§4364. Sheriff to appoint appraiser if party does not appoint; delivery of appraisal A. If a party neglects to appoint an appraiser or to notify the sheriff within the time designated, the sheriff shall appoint an appraiser for him. B. The appraisal of any appraiser appointed by …
La. Rev. Stat. § 13:4365 Oaths of appraisers; sheriff appoints third appraiser if two cannot agree; minute, written appraisal; delivery
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§4365. Oaths of appraisers; sheriff appoints third appraiser if two cannot agree; minute, written appraisal; delivery A. The appraisers shall take an oath to make a true and just appraisal of the property. B. If the appraisers cannot agree, and (1) the difference in value between…
La. Rev. Stat. § 13:4366 Fees of appraisers
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§4366. Fees of appraisers A.(1) The fees of the appraisers shall be fixed by the sheriff at not more than fifty dollars on movables, and not less than one hundred dollars nor more than three hundred fifty dollars on immovable property for each appraiser. (2) On ex parte motion of…
La. Rev. Stat. § 13:4367 Purchaser; release from liens; cancellation of inscriptions
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§4367. Purchaser; release from liens; cancellation of inscriptions The sheriff shall give the purchaser of any property sold in any proceeding to enforce the liens and privileges enumerated in R.S. 9:4821(A)(1) a release from: (1) the lien or privilege of the seizing creditor; (2…
La. Rev. Stat. § 13:4368 Post judicial sale; cancellation of inferior mortgages, liens, and privileges
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§4368. Post judicial sale; cancellation of inferior mortgages, liens, and privileges A. If the inscription of an inferior mortgage, lien, or privilege encumbering the immovable property sold through a judicial sale is not cancelled as required by Code of Civil Procedure Article 2…
La. Rev. Stat. § 13:4369 Actions to set aside or annul online judicial sales
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§4369. Actions to set aside or annul online judicial sales No action shall be instituted to set aside or annul the judicial sale of immovable property through an online auction by reason of noncompliance with the requirements of Code of Civil Procedure Article 2344 or R.S. 13:435…
La. Rev. Stat. § 13:44 Commission members; compensation prohibited; expenses
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§44. Commission members; compensation prohibited; expenses Members of the commission shall not receive compensation for their services, but shall be paid actual expenses necessarily incurred in the performance of their duties as members of the commission. Acts 1995, No. 1077, §1.
La. Rev. Stat. § 13:4405 Sheriff to record sales in conveyance office in New Orleans; penalties
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§4405. Sheriff to record sales in conveyance office in New Orleans; penalties The sheriff of the parish of Orleans shall record in the conveyance office of the city of New Orleans all judicial sales of real property made by him, besides having the sales recorded in the clerk's of…
La. Rev. Stat. § 13:4406 Sections applicable to Orleans Parish
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§4406. Sections applicable to Orleans Parish The provisions of R.S. 13:4405 apply only to Orleans Parish. The provisions of R.S. 13:4341 have no application to Orleans Parish. The provisions of R.S. 13:4343 through 13:4350, R.S. 13:4353 through 13:4357, and R.S. 13:4359 through 1…
La. Rev. Stat. § 13:4407 Newspaper advertisement of judicial sales
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§4407. Newspaper advertisement of judicial sales In the parish of Orleans, any advertisement for the judicial sale of immovable property under this Chapter shall contain the docket number of the suit, the case name of the parties involved, the date of the sale, the municipal addr…
La. Rev. Stat. § 13:4431 Suspensive appeal from judgment restraining enforcement of constitution or statute
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§4431. Suspensive appeal from judgment restraining enforcement of constitution or statute In any case where any district court has granted any restraining order, preliminary injunction, permanent injunction, or other process which may restrain the execution or enforcement of any …
La. Rev. Stat. § 13:4432 Same; appeal by public officer, board, etc., without bond
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§4432. Same; appeal by public officer, board, etc., without bond Such suspensive appeal, in the case of any officer, board, commission or department of the state government, or any political subdivision thereof, shall be without bond.
La. Rev. Stat. § 13:4433 Dismissal of appeal for informalities; opportunity to cure
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§4433. Dismissal of appeal for informalities; opportunity to cure Whenever an appellant files an incomplete transcript, or files the transcript or a further application for an extension, within three judicial days after the return day, or omits to file as part of the record any t…
La. Rev. Stat. § 13:4434 Registration of copy of appellate decree
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§4434. Registration of copy of appellate decree When any decree has been rendered by any court of appeal, or by the supreme court, any party to the suit in which the decree may have been rendered may demand a copy of the decree, may have it registered in either the mortgage or co…
La. Rev. Stat. § 13:4435 Same; registry as mortgage or recognition of title
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§4435. Same; registry as mortgage or recognition of title The registry of a decree as provided in R.S. 13:4434 shall operate as a judicial mortgage, or as a recognition of title, or otherwise, according to the terms of the decree, and shall continue to have that effect unless set…
La. Rev. Stat. § 13:4436 Same; decree may not be executed until final
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§4436. Same; decree may not be executed until final Nothing in R.S. 13:4434 through 13:4436 shall be construed to permit a writ in execution of a decree to issue until the decree is final.
La. Rev. Stat. § 13:4436.1 Termination permitted by summary proceedings; jurisdiction of court to order
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§4436.1. Termination permitted by summary proceedings; jurisdiction of court to order A. A judgment debtor who appeals the judgment may obtain an order that terminates a judicial mortgage created by recording the judgment and that directs the recorder to erase the judgment from h…
La. Rev. Stat. § 13:4436.2 Termination of mortgages resulting from judgment of courts of original jurisdiction
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§4436.2. Termination of mortgages resulting from judgment of courts of original jurisdiction The court hearing the rule shall order the mortgage terminated and direct the recorder to erase the judgment from his records if it finds that the debtor's suspensive appeal has suspended…
La. Rev. Stat. § 13:4436.3 Termination of mortgages resulting from judgments of appellate courts
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§4436.3. Termination of mortgages resulting from judgments of appellate courts The court hearing the rule shall order the mortgage terminated and direct the recorder to erase the judgment from his records, if it finds that the appellate judgment was not executory when the proceed…
La. Rev. Stat. § 13:4436.4 Form and amount of bond for appellate judgments
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§4436.4. Form and amount of bond for appellate judgments The bond required to be filed, if the judgment is that of an appellate court, shall be on the same terms and conditions and in the same amount as is required by law for suspensive appeal bonds. Acts 1992, No. 1132, §5, eff.…
La. Rev. Stat. § 13:4436.5 Qualifications of surety presumed
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§4436.5. Qualifications of surety presumed For purposes of this Chapter, the surety of a bond is deemed to be qualified to act as surety unless the judgment creditor expressly denies such qualifications in an answer and, if the surety is licensed to conduct a surety business in t…
La. Rev. Stat. § 13:4439 Triplicate copies of transcripts of appeal to supreme court
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§4439. Triplicate copies of transcripts of appeal to supreme court The clerks of the district courts of the various parishes including the parish of Orleans, without extra charge, shall make all transcripts of appeal to the supreme court in triplicate. Where a note of evidence ha…
La. Rev. Stat. § 13:4440 Quadruplicate copies of note of evidence in case appealable to supreme court
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§4440. Quadruplicate copies of note of evidence in case appealable to supreme court Hereafter in all civil and criminal cases wherein a note of evidence is taken and same is appealable to the supreme court the stenographer in transcribing his notes shall make an original and thre…
La. Rev. Stat. § 13:4441 Transfer of cases appealed to wrong court; retransfer
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§4441. Transfer of cases appealed to wrong court; retransfer When an appeal is taken and perfected to an appellate court having no jurisdiction thereof, the court to which it is taken may transfer it to the court having jurisdiction thereof, instead of dismissing the appeal. The …
La. Rev. Stat. § 13:4442 Costs and conditions of transfer or retransfer of appeals
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§4442. Costs and conditions of transfer or retransfer of appeals A court which orders the transfer or the retransfer of an appeal under the provisions of R.S. 13:4441 may regulate the costs thereof, and the costs of the prior transfer if retransferred, and may prescribe the delay…
La. Rev. Stat. § 13:4447 Certified copy of opinion of court of appeals; filing in parish where suit originated
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§4447. Certified copy of opinion of court of appeals; filing in parish where suit originated The clerks of the court of appeals shall furnish a certified copy of the opinion of the court of appeals in each case, to be filed with the original papers in the clerk's office in the pa…
La. Rev. Stat. § 13:4448 Notice required; constitutionality of statute at issue
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§4448. Notice required; constitutionality of statute at issue Prior to adjudicating the constitutionality of a statute of the state of Louisiana, the courts of appeal and the Supreme Court of Louisiana shall notify the attorney general of the proceeding and afford him an opportun…
La. Rev. Stat. § 13:4449 Certification by court of appeal of questions to Supreme Court
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§4449. Certification by court of appeal of questions to Supreme Court In any case pending before the courts of appeal in which the judges thereof may desire the instructions or opinion of the Supreme Court on any question of law arising therein, the judges of the intermediate app…
La. Rev. Stat. § 13:4451 Judgment against surety on appeal bond
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§4451. Judgment against surety on appeal bond In all cases of appeal to any of the appellate courts, if the judgment appealed from be affirmed, the party in whose favor it is rendered on return of execution in the lower court that no property has been found, or not enough to sati…
La. Rev. Stat. § 13:4452 Delay for appeal in case involving public bonds
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§4452. Delay for appeal in case involving public bonds An appeal from a judgment in a case involving the validity of bonds or certificates of indebtedness of a public board or corporation, or political subdivision of the state, or of taxes or assessments necessary to pay the prin…
