Art. 2772.Procedure to Obtain Deficiency Judgment

Article 2771 decides whether a creditor can pursue a deficiency judgment at all. Article 2772 decides how. It gives the creditor two procedural paths to obtain that judgment once the appraisal condition is met.

The first path converts the existing executory proceeding itself into an ordinary proceeding, following the mechanism Article 2644 sets out, rather than starting an entirely new lawsuit. The second path is a separate suit altogether, filed independently of the now-concluded executory proceeding.

Whichever path the creditor picks, Article 2772 holds the process to the same standard. The defendant has to be cited, and the case has to observe every delay and formality an ordinary proceeding requires. That matters because a deficiency judgment reaches further than the executory proceeding that preceded it -- executory process lets the creditor take the mortgaged property based on authentic evidence alone, but a deficiency judgment imposes personal liability on the debtor for money beyond what the property brought at sale. Louisiana requires the debtor to get a full, contested proceeding, complete with real notice and time to respond, before facing that broader exposure, even though the underlying mortgage or security debt already drove a seizure and sale under a faster track.