When the mortgagee enforces a conventional mortgage by an ordinary proceeding, he must first obtain a judgment against the mortgagor and then execute the judgment. If it is not possible to obtain a personal judgment against the mortgagor, then the judgment shall be in rem.
Art. 3722.Enforcement By Ordinary Proceeding
Book VII. Special Proceedings · Title II. Real Actions · Chapter 3. Hypothecary Action · Enacted 2003 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3722 requires a mortgagee enforcing a conventional mortgage through an ordinary proceeding to first obtain a judgment against the mortgagor and then execute it, allowing a judgment in rem against the property itself when a personal judgment against the mortgagor is not possible.
Full Text of Art. 3722
Amendment History
Acts 2003, No. 1072, §1.
Plain-English Summary
Article 3722 lays out the ordinary-proceeding path to enforcing a hypothec. It follows the two-step pattern of an ordinary lawsuit: the mortgagee first has to sue and obtain a judgment against the mortgagor, the debtor who granted the mortgage, and only then can move to execute that judgment against the mortgaged property.
That sequence assumes a personal judgment against the mortgagor is available. It is not always. When it is not possible — because the mortgagor cannot be reached or subjected to the court's jurisdiction over the mortgagor personally, for example — Article 3722 lets the judgment be rendered in rem instead, meaning against the property itself rather than against the mortgagor as an individual. Either way, the creditor still needs a judgment before moving to seize and sell the mortgaged property under this path, unlike the faster executory-proceeding route in Article 3723.
Frequently Asked Questions
How does a creditor enforce a mortgage through an ordinary proceeding?
By first obtaining a judgment against the mortgagor and then executing that judgment against the mortgaged property, following the standard two-step pattern of an ordinary lawsuit.
What happens if the creditor cannot get a personal judgment against the mortgagor?
Article 3722 allows the judgment to be rendered in rem, against the mortgaged property itself, when a personal judgment against the mortgagor is not possible.
Is the ordinary proceeding faster than the executory proceeding for enforcing a mortgage?
No, generally not. The ordinary proceeding requires obtaining a judgment first, while the executory proceeding under Article 3723 lets the creditor move more directly against the property without first litigating the debt to judgment.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: Article 3722 Louisianaordinary proceeding mortgage enforcement Louisianain rem judgment mortgage Louisianahypothecary action ordinary proceedingenforcing conventional mortgage Louisiana