3.4 Post-Sale

Determine whether the property has already been sold by the sheriff. In some cases, the first time a homeowner finally realizes the significance of a foreclosure lawsuit is when the buyer at a sheriff sale knocks on the door and announces that the homeowner has to move out within a few days.

If the sale has already happened, determine whether the sheriff’s proces verbal has been filed in the conveyance records of the parish where the property is located. Although, under Louisiana law, the sheriff’s sale is complete “when the hammer falls,” the reality is that there may be one final opportunity to set aside the sale if the sheriff has not yet filed the proces verbal.