After the sheriff has filed the process verbal or filed the sale for recordation in the parish conveyance records, the homeowner is precluded from asserting objections to the form or procedure of the sale or the lack of authentic evidence to support the seizure and sale.1
However, under state law, there may be other grounds to attack the sale as a nullity if the foreclosing creditor is the adjudicatee at the sale or still owns the property. For example, a sale may be annulled if:
- The sale price that was for less than two-thirds of the appraised value (if the home was appraised).2
- The sale took place without a prior seizure of the property.3
- The sale was judicial and took place without due process notice to a co-owner.4
- The sale was accomplished through fraud or ill practices.5
- The sale was conducted in violation of a bankruptcy stay order.
- 1La. R.S. 13:4112; cf. Avery v. CitiMortgage, Inc., 2008-2052 (La. App. 1 Cir. 5/13/09), 15 So. 3d 240 (holding that res judicata bars suit for nullity when debtor did not enjoin or appeal executory process).
- 2La. C.C.P. art. 2336.
- 3Turner v. Glass, 188 So. 147 (La. 1939).
- 4Magee v. Amiss, 502 So. 2d 568 (La. 1987).
- 5La. C.C.P. arts. 2001–2004; Ellerd v. Williams, 404 So. 2d 1271, 1273 (La. App. 2 Cir. 1981); Slidell Bldg. Supply, Inc. v. I.D.S. Mortg. Corp., 273 So. 2d 343 (La. App. 1 Cir. 1972).