- Who sends it
- The buyer at the sheriff's sale, often the lender, or its agent
- What it starts
- 5 days from delivery, after which the buyer can ask a court to evict you
- Do this first
- Write down the day it was delivered or posted, and call legal aid
What this document is in Louisiana
La. C.C.P. art. 4704 says an "occupant" includes a former owner. When an owner wants to evict an occupant, art. 4702 says it must first deliver a written notice to vacate that allows the occupant 5 days from delivery to leave.
If the home is abandoned or closed, or the buyer cannot find you, the notice can be attached to a door of the home, and that counts the same as handing it to you (La. C.C.P. art. 4703).
What it does and does not mean
- It is not a court order. No one can remove you based on this notice alone.
- If you stay past the 5 days, the buyer can file a rule to show cause for eviction in court (La. C.C.P. art. 4731).
- The buyer has another route. Once it has paid, received the sheriff's act of sale and the writ has been returned, it can ask the clerk for a writ of possession that tells the sheriff to put it in possession (La. R.S. 13:4346).
- We did not find any Louisiana law that lets you buy the home back after a mortgage foreclosure sheriff's sale.
How to count the 5 days
- Day 1 is the day after delivery. The day it was delivered does not count (La. C.C.P. art. 5059).
- Because the period is less than 7 days, legal holidays are not counted. Sundays are always legal holidays in Louisiana, and in some parishes every Saturday is too (La. R.S. 1:55).
- If the notice was attached to your door, it counts from that day.
- Ask legal aid to check your count, because the exact holiday rules vary by parish.
What to do this week
- Decide whether you can move. Talk with the buyer about more time or help with moving costs, and get any deal in writing.
- Ask the clerk of court for the sheriff's return, which shows the sale price and how the money was paid out (La. C.C.P. art. 2343). Money left after costs and liens belongs to you (La. C.C.P. art. 2373). See Louisiana foreclosure surplus funds.
- If you rent the home from the former owner, tell legal aid. Tenants have separate rights.
- Call legal aid through the Louisiana State Bar Association Find Legal Help directory, and read after a foreclosure sale in Louisiana.
The rest of the Louisiana process
See how foreclosure works in Louisiana, the timeline, ways to stop it and free help in Louisiana, or read the national guide to this letter.
Common questions
Do I have to be out in 5 days after a Louisiana sheriff's sale?
The notice gives you 5 days from delivery (La. C.C.P. art. 4702), but it is not an order. If you stay, the buyer must get a judgment of eviction from a court or a writ of possession from the clerk before the sheriff or marshal can remove you.
Do weekends count in the Louisiana 5-day notice to vacate?
Legal holidays do not count in a period of less than 7 days (La. C.C.P. art. 5059). Sundays are legal holidays everywhere in Louisiana, and Saturdays are in some parishes (La. R.S. 1:55). Ask legal aid how this applies in your parish.
Can I buy my Louisiana home back after the sheriff's sale?
We did not find any Louisiana law that gives a right to redeem after a mortgage foreclosure sale. The adjudication transfers your rights to the buyer. Your last chance to stop the sale by paying was before the adjudication (La. C.C.P. art. 2340).
Other Louisiana letters
- Notice of seizureIn most Louisiana foreclosures, the sheriff's notice of seizure is the first official paper you get. A judge has already signed an order to seize and sell your home without a trial. The notice gives the sheriff's sale date, starts a 15-day window to appeal, and tells you about free housing counseling.
- Notice to name an appraiser before a sheriff's saleIf your home is being sold with appraisal, the sheriff must serve you a notice at least 7 days before the sale asking you to name your own appraiser. The appraisal sets the lowest price the home can sell for at the first offering, and it decides whether the lender can later sue you for a shortfall.
- Rule to show cause why possession should not be delivered (eviction)If you stayed after the 5-day notice to vacate, the buyer can have you cited to a quick court hearing called a rule to show cause. The hearing can be held as soon as the third day after you are served. If the judge rules for the buyer, you have 24 hours to leave before a warrant issues.
- Citation and petition (deficiency or ordinary foreclosure suit)Most Louisiana foreclosures skip the citation step. You get one only when the lender sues in an ordinary proceeding, either to foreclose or, after a sheriff's sale, to collect a shortfall. A citation gives you 21 days after service to file an answer.
- Post-tax-lien-auction noticeSince January 1, 2026, Louisiana parishes auction a tax lien certificate on unpaid property taxes instead of selling your home. This notice says the certificate holder plans to sue. You keep your home for now and can end the lien by paying the termination price to the tax collector.
Sources
- La. C.C.P. art. 4702, Notice to occupant to vacate
- La. C.C.P. art. 4703, Delivery when premises abandoned or closed
- La. C.C.P. art. 4704, Definitions (occupant includes former owner)
- La. C.C.P. art. 4731, Rule to show cause
- La. R.S. 13:4346, Writ of possession for purchaser
- La. C.C.P. art. 5059, Computation of time
- La. R.S. 1:55, Legal holidays
- La. C.C.P. art. 2343, Sheriff's return after sale
- La. C.C.P. art. 2373, Distribution of proceeds of sale