202. Louisiana Foreclosure Law

Louisiana Foreclosure Law

Under

Here are the  2 options you have to fight a foreclosure in Louisiana. 

Option #1:

(1) Under the provisions of Code of Civil Procedure Article 2642, the appellants had the choice of filing a suspensive appeal from the order directing the issuance of the writ of seizure and sale and/or 

Option #2:

(2) seeking an injunction to arrest the sale. They chose only to seek an injunction to arrest the sale. Under Code of Civil Procedure Article 3612 only the injunctive proceeding can be stayed during the pendency of the appeal.

It does not suspend the executory proceeding. Since no injunction was granted and no stay order prohibiting the sale pending the appeal was granted, the suspensive appeal standing alone could suspend nothing. See Acme Mortgage Company v. Cross, 445 So.2d 1239 (4th Cir. 1983).