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Can the lender come after you for the rest? Deficiency judgments in Louisiana

In Louisiana, a lender that sells your home at a sheriff's sale can get a deficiency judgment only if the home was appraised before the sale. If the lender used the waiver of appraisal in your mortgage and the home sold without one, state law treats the rest of the debt as paid. Even when a deficiency is allowed, the lender has to bring a regular court case in which you are served and can answer.

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Reviewed against Louisiana law and official sources on October 12, 2026. General information, not legal advice.

Deficiency rules in Louisiana, point by point

  • Sold after an appraisal: a deficiency is possible

    After the sheriff's sale

    If the home was appraised before the sale, the lender can ask for a judgment for whatever is still owed after the sale money is paid out. This is the only way a deficiency is allowed after executory process unless another law says otherwise.

    La. C.C.P. art. 2771

  • Sold without an appraisal: the debt is wiped out

    At the sheriff's sale

    If the lender used your waiver of appraisal and the home sold without one, the rest of the debt is fully satisfied as your personal debt. The lender cannot come after you or your other property for it, and you cannot give up this protection in your loan papers.

    La. R.S. 13:4106, 13:4107

  • You can name your own appraiser

    Notice at least 7 days before the sale

    When an appraisal is required, the sheriff must serve you a notice telling you to name an appraiser, at least four days before the sale. If you do not, the sheriff appoints one for you. If the two appraisals are far apart, the sheriff appoints a third appraiser whose value is final.

    La. R.S. 13:4363, 13:4364, 13:4365

  • The appraisal sets the minimum bid and the credit you get

    First and second sale offerings

    At the first offering the home cannot sell for less than two-thirds of the appraised value. If it goes to a second offering and sells for less, your debt is still reduced by at least half of the appraised value, after superior liens.

    La. C.C.P. art. 2336

  • The lender must file a regular lawsuit

    Suits on promissory notes: generally 5 years

    To get a deficiency, the lender must turn the executory case into an ordinary case or file a separate suit, and you must be served with a citation and given the usual time to answer. Actions on promissory notes generally must be brought within five years from when payment was due.

    La. C.C.P. art. 2772; La. C.C. art. 3498

  • Giving the home back or selling it short

    Before you sign

    For a home loan, a lender can collect a deficiency after you voluntarily give it the title only under a written agreement where you agree to a value for the home. You have the right to get an appraisal, and the agreed value cannot be less than three-fourths of it. If you sell to a buyer and sign a new note for the balance, that note can be enforced.

    La. R.S. 13:4108.2

  • How long a deficiency judgment lasts

    10 years, and it can be revived

    A Louisiana money judgment expires after 10 years unless the lender revives it first, and it can be revived again and again. Wage garnishment is allowed, but 75 percent of your disposable earnings each week is protected, and never less than 30 times the federal minimum hourly wage.

    La. C.C. art. 3501; La. R.S. 13:3881

The short answer in Louisiana

Can the lender come after me for the rest?

Limited

The lender can get a judgment for the shortfall only if the home was sold after an appraisal. If the lender used a waiver of appraisal and sold the home without one, the rest of the debt is treated as paid and the lender cannot come after you or your other property for it.

La. C.C.P. arts. 2771, 2723; La. R.S. 13:4106

Common questions in Louisiana

What should I do with a Louisiana sheriff's notice to name an appraiser?

Take it seriously, because the appraisal sets the minimum bid and decides whether the lender can later chase you for a deficiency. You can name your own appraiser by the deadline in the notice; if you do nothing, the sheriff picks one for you. Call legal aid or a lawyer right away if you get this notice.

If I give my Louisiana home back to the lender, can it still sue me?

Only if you sign a written agreement that meets Louisiana's rules. The agreement must tell you in plain words that you can get an appraisal, that the value must be at least three-quarters of the appraised value, and that the lender can get a judgment for the rest. Read it closely, and ask the lender to put any full release of the debt in writing.

How much of my paycheck can be taken for a Louisiana deficiency judgment?

Louisiana protects 75 percent of your disposable earnings each week from seizure, and never less than 30 times the federal minimum hourly wage. Some household items, like furniture, appliances and clothing, are also protected. A lawyer or legal aid office can check whether the garnishment was figured correctly.

How long can a Louisiana deficiency judgment follow me?

A money judgment expires 10 years after it is signed unless the lender revives it before then. Louisiana lets the holder revive it as many times as it wants, and each revival starts a new 10 years.

Step by step

More on foreclosure in Louisiana

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Louisiana

Property tax foreclosure Claim surplus funds Deficiency judgments (this page)Letters you may get

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Sources for this page

  1. La. C.C.P. art. 2772, Procedure to obtain deficiency judgment
  2. La. R.S. 13:4107, R.S. 13:4106 cannot be waived
  3. La. R.S. 13:4108.2, Deficiency judgment in consumer transactions
  4. La. R.S. 13:4363, Appointment of appraisers
  5. La. R.S. 13:4364, Sheriff to appoint appraiser
  6. La. R.S. 13:4365, Third appraiser
  7. La. C.C. art. 3498, Actions on instruments and promissory notes
  8. La. C.C. art. 3501, Prescription and revival of money judgments
  9. La. R.S. 13:3881, General exemptions from seizure
  10. La. C.C.P. art. 2721, Seizure of property; notice
  11. La. C.C.P. art. 2642, Assertion of defenses; appeal
  12. La. C.C.P. art. 2640, Citation unnecessary
  13. La. C.C.P. art. 2753, Security not required in certain cases
  14. La. C.C.P. art. 2723, Appraisal of property, unless waived
  15. La. C.C.P. art. 2771, When deficiency judgment obtainable
  16. La. C.C.P. art. 2331, Publication of notice of sale
  17. La. C.C.P. art. 2336, Minimum price; second offering
  18. La. C.C.P. art. 2373, Distribution of proceeds of sale
  19. La. C.C.P. art. 2293, Notice to judgment debtor
  20. La. R.S. 13:3852, Notices of seizure
  21. La. R.S. 13:4106, Deficiency judgment prohibited if sale made without appraisement
  22. La. R.S. 43:203, Judicial advertisements
  23. Louisiana Office of Community Development, Louisiana Homeowner Assistance Fund
  24. Louisiana Office of Financial Institutions, Complaints
  25. La. C.C.P. art. 2752, Injunction procedure
  26. La. C.C.P. art. 2754, Security otherwise required
  27. La. C.C.P. art. 3721, Methods of enforcing mortgage
  28. La. C.C.P. art. 4702, Notice to occupant other than tenant to vacate
  29. La. C.C.P. art. 4704, Definitions (occupant)
  30. La. C.C.P. art. 4732, Trial of rule; judgment of eviction
  31. La. C.C.P. art. 4733, Warrant for possession
  32. La. R.S. 13:4346, Failure of occupant to deliver possession to purchaser; writ of possession