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Louisiana Revised Statutes Tit. 47, § 2267. Procedure to enforce tax lien; proceeds of judicial sale

Current as of January 01, 2023 | Updated by Findlaw Staff

A. Except as otherwise provided in this Section and R.S. 47:2268, a judgment rendered in favor of the tax lien certificate holder in an action brought pursuant to R.S. 47:2266.1 shall be executed by a writ of fieri facias in accordance with the provisions of Title II of Book IV of the Code of Civil Procedure, Article 2291 et seq.

B. A judicial sale for the execution of a judgment rendered pursuant to R.S. 47:2266.1 shall be subject to the following rules:

(1) The winning bidder shall deliver the price of the judicial sale to the sheriff. After deducting the costs of the sale and any commission due, the sheriff shall distribute the proceeds in the following order:

(a) To the plaintiff certificate holder for the payment of the judgment plus judicial interest through the date of sale and reasonable costs and attorney fees incurred in relation to the judicial sale.

(b) To any other tax lien certificate holders whose rights have not perempted for the termination price.

(c) To holders of recorded mortgages, liens, and privileges to satisfy each claim.

(d) To each owner in accordance with their interest.

(2) Distribution of the judgment amount to the plaintiff tax lien certificate holder shall be made immediately following the sale, regardless of any dispute that arises between other parties over allocation of the surplus sale proceeds. Disputes over the surplus proceeds shall not delay the issuance of the sheriff's deed to the winning bidder.

(3) If any of the proceeds are not able to be delivered, they shall be deposited in the registry of the court in which the original action was brought. The cost of causing the deposit shall be deducted from the funds being deposited. If the surplus proceeds are not claimed within one year, they shall be subject to the Uniform Unclaimed Property Act of 1997, R.S. 9:151 et seq.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 47, § 2267. Procedure to enforce tax lien; proceeds of judicial sale - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-47-sect-2267/

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