A legal mortgage, after judgment on the original obligation has been obtained, a judicial mortgage, or a conventional mortgage may be enforced without reference to any alienation or transfer of the mortgaged property from the original debtor, and the creditor may cause the property to be seized and sold as though it were still owned by the original debtor and in his possession.
Art. 3741.Right of Enforcement
Book VII. Special Proceedings · Title II. Real Actions · Chapter 3. Hypothecary Action · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3741 lets a legal mortgage with a judgment already obtained on the underlying debt, a judicial mortgage, or a conventional mortgage be enforced regardless of any sale or transfer of the mortgaged property, letting the creditor seize and sell it as though the original debtor still owned and possessed it.
Full Text of Art. 3741
Plain-English Summary
A mortgage follows the property, not just the person who granted it. Article 3741 states that principle directly: a legal mortgage — once judgment has been obtained on the underlying obligation — a judicial mortgage, or a conventional mortgage can all be enforced without regard to any alienation or transfer of the mortgaged property away from the original debtor.
That means the creditor is not left empty-handed just because the debtor sold the property to someone else. Article 3741 lets the creditor seize and sell the property as though it were still owned by, and in the possession of, the original debtor, even though a new owner — called the third possessor — now holds it.
The two articles that follow put that principle into practice: Article 3742 requires notice to both the original debtor and the new owner before the seizure proceeds, and Article 3743 gives that new owner, the third possessor, specific rights to respond.
Frequently Asked Questions
Can a mortgage still be enforced after the property is sold to someone else?
Yes. Article 3741 lets a legal, judicial, or conventional mortgage be enforced without regard to any transfer of the property, so the creditor can seize and sell it even though a new owner now holds it.
What does it mean that a mortgage 'follows the property'?
It means the security interest stays attached to the immovable property itself even after a sale, so a purchaser can end up subject to a mortgage that was recorded before the purchase, unless it has been released or has prescribed.
What is required before a legal mortgage can be enforced under this article?
Judgment on the original obligation has to be obtained first. Article 3741 specifies that requirement for a legal mortgage, distinguishing it from a judicial or conventional mortgage.
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 3741 Louisianamortgage follows the property Louisianahypothecary action third possessorenforcing mortgage after property soldlegal judicial conventional mortgage Louisiana