How To Stop a Sheriff’s Sale in Louisiana
For individuals who fall upon hard times, the loss of their home is one of the most common worries. It’s one thing to fall behind on bills and possibly risk losing electricity or other utilities. However, losing a home is a consequence that can dramatically alter the course of your life forever. Once someone falls drastically behind on payments to multiple institutions, a sheriff’s sale can occur. To put it simply, a sheriff’s sale is an auction that’s held to earn funds to pay creditors unpaid debts.
Whether it’s credit card bills, car loans, or mortgage payments, it may seem like there’s always a bill that requires immediate payment. Unlike unsecured consumer debts that are not associated with a tangible item, secured debts like mortgages and car loans are linked to your home and vehicle. If you fall behind on these payments, lenders have the right to repossess your vehicle and foreclose on your home.
With the economic climate in Louisiana ever-changing, it comes as no surprise that many residents find themselves falling behind on debt payments. If you’re currently behind on debt payments and fear for your home and other valuable possessions, here’s what you need to know about a sheriff’s sale and what you can do to stop it.
When Does a Sheriff’s Sale Occur?
Although each case is different and is highly dependent on the details, a sheriff’s sale is likely to occur once your mortgage lender obtains a final judgment in a foreclosure case. By the time a sheriff’s sale occurs, you would have received multiple communications from your creditors and even debt collectors in an attempt to retrieve the funds you owe.
As soon as you receive notice that your property is subject to a sheriff’s sale, it’s vital that you seek the legal counsel of a Louisiana bankruptcy attorney as soon as you’re made aware of such an occurrence. If not, you can expect an irreversible sheriff’s sale to follow. By filing for a Chapter 13 bankruptcy with the help of a Louisiana bankruptcy attorney, you can stop a sheriff’s sale.
What is the Sheriff’s Sale Process in Louisiana?
An “executory proceeding” is the most common foreclosure process in Louisiana. The pursuit of this kind of foreclosure is only possible if mortgage documents include a signed agreement between the lender and the homeowner. The agreement details that if the individual fails to make payments, he or she agrees to an unfavorable judgment.
When the time comes, the lender will only need to file a petition to the court with the mortgage documents, and the judge will rule the property seized and sold. A sheriff will then come out to the home and leave a notice of the foreclosure with either the homeowner or a resident of an appropriate age. The notice will include the time and date of the foreclosure as well as a mention of free housing counseling services.
The date of the foreclosure must be at least 60 days after the court signed off on the foreclosure. Three days after the sheriff serves the notice, he or she will be able to post the “for sale” advertisement at least twice on both digital and print platforms.
How a Louisiana Bankruptcy Attorney can Help
With such an expedited foreclosure process in Louisiana, it’s vital that you acquire the legal services of an experienced attorney early on. The faster you reach out to us, the faster we can start filing your bankruptcy and help you save your home. In Louisiana, you do not have the right of redemption or to reinstate, so after you lose your home, there’s a major possibility that you may not get it back.
When you choose a bankruptcy attorney to assist you in your case to stop a sheriff’s sale from occurring , make sure you choose an experienced attorney you can trust. Local to you, the E. Orum Young Law Offices has filed the most bankruptcies in Northeast Louisiana and fully understands what it takes to make it through the bankruptcy process successfully. And if that’s not enough to convince you, our Trial Guarantee ensures that we will take your case to trial if you’re dissatisfied with the results.
All of our attorneys are members of the Louisiana State Bar Association and the National Association of Consumer Bankruptcy Attorneys. Contact us today via phone at (318) 540-3192 or fill out our online contact form for a free case evaluation.
