When property subject to a legal or a judicial mortgage is no longer owned by the original debtor, the seizing creditor shall cause notices of the seizure to be served by the sheriff upon both the original debtor and the present owner.
Art. 3742.Notice of Seizure
Book VII. Special Proceedings · Title II. Real Actions · Chapter 3. Hypothecary Action · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3742 requires the seizing creditor to have the sheriff serve notice of the seizure on both the original debtor and the property's present owner whenever property subject to a legal or judicial mortgage has passed out of the original debtor's ownership.
Full Text of Art. 3742
Plain-English Summary
Enforcing a mortgage against property someone new now owns raises an obvious fairness problem: the new owner may have no idea the seizure is coming. Article 3742 addresses it directly for legal and judicial mortgages, which unlike a conventional mortgage are not always something the new owner negotiated or necessarily expected to encounter.
When property carrying a legal or judicial mortgage is no longer owned by the original debtor, the creditor cannot proceed against it without more. The seizing creditor has to cause notices of the seizure to be served, through the sheriff, on both the original debtor and the property's present owner. Both parties get formal notice that the seizure is happening, even though only the present owner is likely to feel its practical effect.
Frequently Asked Questions
Who has to be notified when mortgaged property has changed hands and is being seized?
Both the original debtor and the property's present owner. Article 3742 requires the sheriff to serve notice of the seizure on each of them.
Does this notice requirement apply to conventional mortgages too?
Article 3742 addresses property subject to a legal or a judicial mortgage specifically. Conventional mortgage enforcement is addressed separately in Articles 3721 through 3723.
What happens if the present owner is not properly notified of the seizure?
Article 3743 gives a third possessor, including one who was not properly notified, specific rights to respond to and challenge the seizure.
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 3742 Louisiananotice of seizure mortgaged property Louisianathird possessor notice requirementlegal mortgage judicial mortgage seizure noticesheriff notice of seizure Louisiana