Louisiana Revised Statutes & Codes

La. Rev. Stat. § 13:4108 (2026)

Notwithstanding any other law to the contrary, including but not limited to R.S. 13:4106 and 4107, none of the following actions by a mortgagee or other creditor shall prohibit the mortgagee or other creditor from obtaining a deficiency judgment against any debtor, guarantor, or surety, notwithstanding the fact that a sale of property or collateral may have occurred at a judicial sale without appraisal, at a public or private sale with or without appraisal, or at a judicial sale with a defective appraisal:

✓ current as of May 2026

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§4108. Transactions which do not bar deficiency judgment

Notwithstanding any other law to the contrary, including but not limited to R.S. 13:4106 and 4107, none of the following actions by a mortgagee or other creditor shall prohibit the mortgagee or other creditor from obtaining a deficiency judgment against any debtor, guarantor, or surety, notwithstanding the fact that a sale of property or collateral may have occurred at a judicial sale without appraisal, at a public or private sale with or without appraisal, or at a judicial sale with a defective appraisal:

(1) A sale through the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, of any pledged stock, bonds, or options registered or traded on such exchanges.

(2) A sale through the Chicago Commodity Exchange of any pledged options registered or traded on such exchange.

(3) A sale pursuant to an order of a United States Bankruptcy Court, or of a United States District Court sitting in bankruptcy.

(4) The mortgagee's or other creditor's exercise of its rights against property subject to a mortgage, pledge, privilege, security interest, or encumbrance in favor of such creditor, when the property or collateral is located outside the state of Louisiana, and the creditor has elected to proceed under the laws of the state, county, or territory where the property or collateral is then located to seize or sell such property or collateral.

(5) The collection or receipt of:

(a) Any proceeds of any pledged negotiable or nonnegotiable note;

(b) Any funds through the offset of any pledged deposit of cash, whether in the form of a demand deposit account with any institution insured by any agency of the federal government, certificate of deposit, or otherwise;

(d) Any proceeds of any pledge or assignment of the right to receive income under any lease or rent of movable property or immovable property.

(6) Collection or receipt of insurance proceeds under a simple or standard loss-payee clause.

(7) Collection or receipt of the return of any unearned premiums of any insurance policy.

Acts 1986, No. 489, §2; Acts 1989, No. 137, §8, eff. Sept. 1, 1989.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1986–2022 · leading case: Interfirst Bank Clifton v. Julian E. Fernandez, 844 F.2d 279 (1st Cir. 1988).

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Interfirst Bank Clifton v. Julian E. Fernandez, 844 F.2d 279 (1st Cir. 1988). · cites it 3× “La.Rev.Stat.Ann. § 13:4108 states in pertinent part: Transactions which do not bar deficiency judgment Notwithstanding any other law to the contrary, including but not limited to R.”

Univ. Prop. Corp. v. Fid. Nat. Bank, 500 So. 2d 888 (La. Ct. App. 1986). · cites it 3× “13:4106 and 4107, none of the following actions by a mortgagee or other creditor shall prohibit the mortgagee or other creditor from obtaining a deficiency judgment against any debtor, guarantor, or surety, notwithstanding the fact that a sale of property or collateral may have…”

In the Matter of Sandy Ridge Dev. Corp., Debtor. Sandy Ridge Dev. Corp. v. Louisiana Nat'l Bank, 881 F.2d 1346 (5th Cir. 1989). “Furthermore, if the property is sold, and the proceeds distributed to LNB, La. Rev. Stat. Ann. § 13:4108(3) provides that a sale pursuant to an order of a United States bankruptcy court may not prohibit a creditor from obtaining a deficiency judgment against any debtor,…”

Fed. Nat. Mortg. v. Prudential Prop., 517 So. 2d 201 (La. Ct. App. 1987). · cites it 6× “Act 489 of 1986 enacted LSA-R.S. 13:4108 of LDJA, which in pertinent part reads as follows: Notwithstanding any other law to the contrary, including but not limited to R.”

First Guar. Bk. v. Baton Rouge Petroleum Ctr., Inc., 529 So. 2d 834 (La. 1988). “However, the present case does not involve one of the types of transactions contemplated by R.S. 13:4108, and R.S. 13:4108.1 may not be applied retroactively to affect the parties' vested rights in this case for reasons explained in this court's original opinion.”

Guar. Bank of Mamou v. Cmty. Rice Mill, 502 So. 2d 1067 (La. 1987). · cites it 2× “R.S. 13:4108 and 4108.1. The effective date of these statutes is August 30, 1986.”

Purchase Corp. v. Starkes, 560 So. 2d 1005 (La. Ct. App. 1990). · cites it 7× “R.S. 13:4108 is applicable. PERSONAL OR REAL ACTION? Mrs.”

In Re Sandy Ridge Dev. Corp., 77 B.R. 69 (Bankr. M.D. La. 1987). “R.S. 13:4108(3) only applies to sales by court order, not dations en paiement.”

In the Matter of Plantation Acceptance Corp., Debtor. Heller Fin., Inc. v. Plantation Acceptance Corp., 836 F.2d 962 (5th Cir. 1988). “…need not consider the effect of the 1986 amendment to the Deficiency Judgment Act, Acts 1986, No. 489, § 2, adding La.R.S. 13:4108 and 13:4108.1.”

Chrysler Fin. Co., LLC v. Cloutier, 785 So. 2d 255 (La. Ct. App. 2001). “In other words, R.S. 13:4108 .1 was not intended by the legislature to supersede the LDJA but only as an exception where the requisite consent of the parties is present.”

Newtek Small Bus. Fin., LLC as successor in interest by merger to Newtek Small Bus. Fin., Inc. v. Robert A. Baker & Elsa M. Baker (La. Ct. App. 2022). “§362 (d),° which allowed Newtek to enforce its state law remedies. See In re: Baker Sales, Inc.”

— La. Rev. Stat. § 13:4108(3) — 3 cases

In Re Sandy Ridge Dev. Corp., 77 B.R. 69 (Bankr. M.D. La. 1987). “R.S. 13:4108(3) only applies to sales by court order, not dations en paiement.”

— La. Rev. Stat. § 13:4108(4) — 2 cases

Interfirst Bank Clifton v. Julian E. Fernandez, 844 F.2d 279 (1st Cir. 1988). “La.Rev.Stat.Ann. § 13:4108 states in pertinent part: Transactions which do not bar deficiency judgment Notwithstanding any other law to the contrary, including but not limited to R.”

Purchase Corp. v. Starkes, 560 So. 2d 1005 (La. Ct. App. 1990). “R.S. 13:4108 is applicable. PERSONAL OR REAL ACTION? Mrs.”

— La. Rev. Stat. § 13:4108(6) — 2 cases

Univ. Prop. Corp. v. Fid. Nat. Bank, 500 So. 2d 888 (La. Ct. App. 1986). “13:4106 and 4107, none of the following actions by a mortgagee or other creditor shall prohibit the mortgagee or other creditor from obtaining a deficiency judgment against any debtor, guarantor, or surety, notwithstanding the fact that a sale of property or collateral may have…”

Fed. Nat. Mortg. v. Prudential Prop., 517 So. 2d 201 (La. Ct. App. 1987). “Act 489 of 1986 enacted LSA-R.S. 13:4108 of LDJA, which in pertinent part reads as follows: Notwithstanding any other law to the contrary, including but not limited to R.”

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