When a legal or judicial mortgage securing an indebtedness due by a former owner of property is sought to be enforced against the property after its acquisition by a third possessor, the latter may plead discussion to compel the mortgagee to enforce the mortgage against other property affected thereby, which is owned by the mortgagor, or which has been acquired from the mortgagor by a third person after the third possessor acquired his property.
Art. 5154.Third Possessor's Right to Plead
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 4. Discussion · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 5154 lets a third possessor, someone who has acquired mortgaged property from the original debtor, plead discussion to compel the mortgagee to first enforce the mortgage against other property still owned by the mortgagor or later acquired from the mortgagor by someone else.
Full Text of Art. 5154
Plain-English Summary
A third possessor is someone who has acquired ownership of property already burdened by a legal or judicial mortgage securing another person's debt, and who now stands in that original owner's place with respect to the mortgage. The third possessor did not incur the underlying debt, but the property they now hold remains subject to it.
When the mortgagee moves to enforce that mortgage against the property after the third possessor has acquired it, Article 5154 gives the third possessor a way to push back on the order of enforcement. By pleading discussion, the third possessor can compel the mortgagee to first pursue other property still affected by the same mortgage, whether that property remains with the original mortgagor or has since passed to yet another person who acquired it from the mortgagor after the third possessor took title.
This protects a third possessor from bearing the first brunt of enforcement only because their property is the most convenient target, when other mortgaged property that more directly belongs to, or traces more recently to, the original debtor remains available. Article 5155 allows the third possessor to raise this defense in an injunction suit brought to restrain enforcement of the mortgage against their property, a broader avenue than the dilatory exception available to a surety or transferee.
Frequently Asked Questions
Who counts as a third possessor under Louisiana mortgage law?
Someone who has acquired ownership of property already subject to a legal or judicial mortgage securing a debt owed by a previous owner, and who now holds the property in that owner's place with respect to the mortgage.
Can a third possessor stop a mortgage from being enforced against their property?
Not stop it outright, but Article 5154 lets a third possessor plead discussion to require the mortgagee to pursue other mortgaged property, still held by the mortgagor or a later transferee, before reaching the third possessor's property.
How does a third possessor raise discussion?
Through an injunction suit to restrain enforcement of the mortgage against the third possessor's property, as Article 5155 provides, which is broader than the dilatory-exception route available to a surety or transferee.
Does the third possessor have to identify the other property themselves?
Yes. Article 5155 requires the party pleading discussion to point out identifiable, unencumbered property of the primary obligor worth more than the debt, and to deposit funds to cover the cost of pursuing it.
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: third possessor's right to plead discussionArticle 5154 Louisianathird possessor mortgaged property Louisianainjunction against mortgage enforcementlegal or judicial mortgage third possessor