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How to claim foreclosure surplus funds in Louisiana

In a Louisiana mortgage foreclosure, the parish sheriff sells the home and handles the money. After costs, the sheriff pays the foreclosing lender, then lower-ranking mortgages and liens, and must pay you whatever is left. Contact the civil division of the sheriff's office that held the sale, and act quickly so the money is not turned over as unclaimed property.

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

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How to claim surplus funds in Louisiana

  1. The sheriff holds and pays out the sale money

    Right after the sheriff's sale

    After deducting costs, the sheriff pays the lender that seized the home, then lower-ranking mortgages, liens and privileges, and then pays you any surplus. Call the civil division of the parish sheriff's office and ask for the sale price and the distribution.

    La. C.C.P. art. 2373

  2. Know who is paid before you

    A second mortgage, a judgment lien or another recorded claim on the home is paid from the sale money before you are. Ask the sheriff for a written breakdown so you can check each payment.

    La. C.C.P. art. 2373

  3. Give the sheriff a way to pay you

    As soon as possible after the sale

    There is no statewide claim form. Give the sheriff's office your current address and proof of who you are, and ask what it needs to release the check. If co-owners or heirs share the home, each may need to sign or be paid a share.

  4. Unclaimed money goes to the State Treasurer

    1 year after the money can be paid out

    Louisiana presumes money held by a court or government office is abandoned one year after it becomes payable. It is then turned over to the State Treasurer's unclaimed property program, where you can claim it for free.

    La. R.S. 9:154(A)(10)

  5. Limits on fees to recover your money

    Fee deals void until 24 months after transfer

    A deal to pay someone to recover unclaimed property is void if signed before the money is presumed abandoned or within 24 months after it reaches the Treasurer. After that, a paid agent's fee is capped at 10 percent of the claim and must be disclosed in a notarized request.

    La. R.S. 9:177

  6. Lost your home for unpaid taxes instead?

    Since January 1, 2026, a home can be sold for taxes only through a court case and sheriff's sale, and any surplus goes to the owner after liens. See the Louisiana property tax foreclosure page for that process.

    La. R.S. 47:2267

What Louisiana law says about leftover sale money

Surplus after a mortgage foreclosure sale

After the sale the sheriff pays the costs, then the foreclosing lender, then lower-ranking mortgages and liens. Whatever is left must be paid to you. Contact the civil division of the parish sheriff's office that held the sale to ask about a surplus.

La. C.C.P. art. 2373

Common questions in Louisiana

Does a Louisiana sheriff mail me my surplus check automatically?

The law says the sheriff must pay you the surplus, but it does not set out how the sheriff finds you. Call the sheriff's civil division yourself, give them a current address, and ask what proof they need. Do not wait for a letter.

What happens to my Louisiana foreclosure surplus if I moved away?

If the sheriff cannot pay you, the money stays with a government office until it is presumed abandoned one year after it became payable. Then it goes to the State Treasurer, and you can search for it and claim it there at no cost.

Can a company take a big cut of my Louisiana surplus?

Once the money is with the State Treasurer, a fee deal signed within 24 months after the transfer is void, and later fees are capped at 10 percent. Before the money reaches the Treasurer, you can claim it from the sheriff yourself, so be careful with anyone who asks you to sign over your rights.

Step by step

More on foreclosure in Louisiana

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What is happening and how much time there is.

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

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

Also in Louisiana

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. La. Const. art. VII, § 25: Tax sales (as amended by Acts 2024, No. 409)
  2. La. Const. art. VII, § 20: Homestead exemption
  3. La. R.S. 47:2127: Time for payment; interest and penalty; notification
  4. La. R.S. 47:2154: Tax lien auctions
  5. La. R.S. 47:2155: Tax lien certificate; peremption
  6. La. R.S. 47:2156: Post-tax-lien-auction notice
  7. La. R.S. 47:2158.1: Prohibition of certain actions
  8. La. R.S. 47:2201: Adjudicated property and liens held by political subdivisions
  9. La. R.S. 47:2243: Termination payments
  10. La. R.S. 47:2202: Minimum bids; sale to enforce a tax lien held by a political subdivision
  11. La. R.S. 47:2266.1: Procedure to recognize amounts due under tax lien certificate
  12. La. R.S. 47:2267: Procedure to enforce tax lien; proceeds of judicial sale
  13. La. R.S. 47:2268: Effect of judicial sale
  14. HCR 35 (2026 Regular Session), describing the 2024 and 2025 tax lien reform
  15. La. R.S. 9:154: Property presumed abandoned
  16. La. R.S. 9:177: Agreement to locate property
  17. Louisiana State Treasurer: Unclaimed Property
  18. La. C.C.P. art. 2721, Seizure of property; notice
  19. La. C.C.P. art. 2642, Assertion of defenses; appeal
  20. La. C.C.P. art. 2640, Citation unnecessary
  21. La. C.C.P. art. 2753, Security not required in certain cases
  22. La. C.C.P. art. 2723, Appraisal of property, unless waived
  23. La. C.C.P. art. 2771, When deficiency judgment obtainable
  24. La. C.C.P. art. 2331, Publication of notice of sale
  25. La. C.C.P. art. 2336, Minimum price; second offering
  26. La. C.C.P. art. 2373, Distribution of proceeds of sale
  27. La. C.C.P. art. 2293, Notice to judgment debtor
  28. La. R.S. 13:3852, Notices of seizure
  29. La. R.S. 13:4106, Deficiency judgment prohibited if sale made without appraisement
  30. La. R.S. 43:203, Judicial advertisements
  31. Louisiana Office of Community Development, Louisiana Homeowner Assistance Fund
  32. Louisiana Office of Financial Institutions, Complaints
  33. La. C.C.P. art. 2752, Injunction procedure
  34. La. C.C.P. art. 2754, Security otherwise required
  35. La. C.C.P. art. 3721, Methods of enforcing mortgage
  36. La. C.C.P. art. 4702, Notice to occupant other than tenant to vacate
  37. La. C.C.P. art. 4704, Definitions (occupant)
  38. La. C.C.P. art. 4732, Trial of rule; judgment of eviction
  39. La. C.C.P. art. 4733, Warrant for possession
  40. La. R.S. 13:4346, Failure of occupant to deliver possession to purchaser; writ of possession