Art. 3723.Enforcement By Executory Proceeding

Article 3723 is the second half of the choice Article 3721 offers a mortgagee: enforce the mortgage by executory proceeding instead of an ordinary one. This article does not repeat the executory-proceeding rules here. It instead points the mortgagee to a full, separate body of provisions elsewhere in the Code governing executory process — a faster procedure that lets a secured creditor seize and sell the mortgaged property without first litigating the underlying debt to a full judgment.

That executory-proceeding framework, covered in its own detail elsewhere on this site, spells out what the mortgagee has to submit to obtain the order of seizure and sale, how the debtor is notified, and what defenses the debtor can raise. Article 3723's job here is narrow: it confirms that choosing this enforcement path means following that framework in full, rather than mixing and matching pieces of the ordinary-proceeding rules that govern Article 3722.