In this final part of our discussion of the foreclosure process on commercial real estate in Louisiana, we are detailing the procedures involved in foreclosing on property in Louisiana utilizing federal court mechanisms. Similar to ordinary process foreclosures, foreclosure in federal court involves instituting a lawsuit against the mortgagor asking that the court recognize that
In this part three of our discussion of the foreclosure process on commercial real estate in Louisiana, we are detailing the procedures involved in ordinary process foreclosures in Louisiana. Foreclosing on collateral by ordinary process in Louisiana involves filing a civil suit against the mortgagor asking the court to recognize that the indebtedness is due
With the revamp of the residential short-term rental regulations passed recently, the New Orleans City Council has turned its attention to commercial short-term rental (“CSTR”) regulations. The City Council has asked the City Planning Commission (“CPC”) to study the regulations to determine the overall impact of CSTRs on the City’s neighborhoods. In particular, the CPC
In this part two of our discussion of the foreclosure process on commercial real estate in Louisiana, we are demystifying the procedures involved in executory process foreclosures in Louisiana. While Louisiana does not allow non-judicial foreclosure options for creditors, it does provide a streamlined judicial process known as executory process foreclosure, allowing a creditor to
Foreclosure proceedings in Louisiana can be challenging for lenders and servicers not familiar with the Bayou State’s particular procedures. This blog post provides a brief introduction to Louisiana’s foreclosure process focused on mortgaged commercial or industrial property.
First and foremost, Louisiana is a judicial-foreclosure state. The foreclosing creditor must request and obtain a court order
On February 2, 2023, the New Orleans City Council adopted an ordinance modeled after that of the City of Baltimore, Maryland, wherein properties found to be “chronic public nuisances” may be prohibited from holding occupational licenses for a period of up to two years. The ordinance does not apply to residential properties. The so called
In response to a court ruling finding that New Orleans’ requirement that the holder of a residential short-term rental (“RSTR”) license hold a homestead exemption violated the Constitution’s Commerce Clause, the New Orleans City Planning Commission is making recommendations for changes to the RSTR regulations. In particular, on January 27, 2023, the City Planning Commission
For traditional manufacturers, the Inflation Reduction Act of 2022 (IRA) offers a mixed bag of carrots and sticks to support its green energy goals.
Signed by President Biden on Aug. 16, 2022, the bill includes numerous tax credits and other incentives promoting clean energy investment. One of the IRA’s stated purposes is to incentivize and
On August 8, 2020, President Donald Trump issued an executive order directing the Centers for Disease Control (“CDC”) to “consider whether any measures temporarily halting residential evictions of any tenants for failure to pay rent are reasonably necessary to prevent the further spread of COVID-19 …”. On September 1, 2020, the CDC, using its quarantine
On April 18, 2017, the U.S. Court of Appeals for the Fifth Circuit released a published opinion in Guilbeau v. Hess Corp.[1] The court affirmed the application of Louisiana’s subsequent purchaser doctrine to claims for environmental damages allegedly caused by activities of a former mineral lessee prior to the date that the plaintiff