Mortgage foreclosure surplus

La. Code Civ. Proc. art. 2373 is the direct rule for judicial-sale proceeds, including executory-process mortgage sales: after costs, the seizing creditor and inferior interests are paid and any residue goes to the debtor. Articles 2631 et seq. govern executory process generally. Article 2373 does not impose a fixed filing deadline for the debtor’s surplus; request the sheriff’s accounting and payment promptly. Louisiana generally has no statutory post-sale redemption for an ordinary mortgage executory-process sale; that is a separate question.

Tax sale surplus

For tax liens auctioned under the system effective January 1, 2026, La. R.S. 47:2267(B) governs proceeds of a later judicial enforcement sale: certificate holders, recorded lienholders, then owners. The tax-lien auction under § 47:2154 itself sells a lien, not immediate property equity. Under § 47:2267(B)(3), undeliverable judicial-sale surplus is deposited in the court registry; if unclaimed within one year, it becomes subject to the Unclaimed Property Act. This is a transfer rule, not a one-year extinguishment of ownership or the tax-lien redemption period. Older tax-sale titles may use different law.

Unclaimed funds

Louisiana Uniform Unclaimed Property Act of 1997, La. R.S. 9:151 et seq.; § 9:167 governs claims to the State Treasurer. Section 9:167 imposes no fixed initial owner-claim cutoff. The administrator must allow or deny a claim within 90 days; a denied claimant may refile or proceed under § 9:168.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Mortgage foreclosure statute