This text of Louisiana § 47:2154 (Tax lien auctions; time of auction; price) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§2154. Tax lien auctions; time of auction; price
A.
(1)The tax collector shall advertise for sale by public auction the tax lien on or
before May first of the year following the year in which the taxes were assessed, or as soon
thereafter as possible.
(2)Notwithstanding the provisions of Paragraph (1) of this Subsection and R.S.
47:2127(D) to the contrary, a delinquent obligation related to immovable property subject
to an outstanding tax lien certificate issued in favor of and held by a political subdivision
may be excluded from a tax lien auction at the election of the political subdivision. As soon
as practicable after an election pursuant to this Paragraph is made, the tax collector shall
issue and file in the mortgage records a tax lien certificate for the delinquent obligation in
fa
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§2154. Tax lien auctions; time of auction; price
A.(1) The tax collector shall advertise for sale by public auction the tax lien on or
before May first of the year following the year in which the taxes were assessed, or as soon
thereafter as possible.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection and R.S.
47:2127(D) to the contrary, a delinquent obligation related to immovable property subject
to an outstanding tax lien certificate issued in favor of and held by a political subdivision
may be excluded from a tax lien auction at the election of the political subdivision. As soon
as practicable after an election pursuant to this Paragraph is made, the tax collector shall
issue and file in the mortgage records a tax lien certificate for the delinquent obligation in
favor of the political subdivision.
B. The tax lien auction shall be conducted on any weekday, with bidding opening
not earlier than 8:00 a.m. and closing no later than 8:00 p.m. If a tax lien auction is
conducted by using an online or electronic bidding process that is conducted over the course
of multiple days, bids may be placed on any day at any time on any tax lien upon which
bidding has not closed, provided that all bidding closes on a weekday within the hours
prescribed in this Subsection. Any bid received prior to the opening of the auction shall be
null and void.
C. The auction price shall be the face value of the tax lien certificate.
D.(1) The auction shall be conducted by competitive bid. The subject of the
competitive bidding shall be the monthly rate at which interest will accrue on the face value
of the tax lien certificate following its issuance.
(2)(a) Subject to a maximum bid of one percent per month, bidders may submit bids
reducing the monthly interest rate in increments of one-tenth of one percent or an integral
multiple thereof. The bid that requires the assessment of interest at the lowest rate shall be
declared the winner. If multiple bidders submit the same lowest bid, the winner shall be the
first in time to submit the bid.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, no bid
shall be accepted that purports to reduce the rate of monthly interest below seven-tenths of
one percent.
E.(1) No later than thirty days after conclusion of the tax lien auction, the tax
collector shall issue and file in the mortgage records of the parish in which the property is
situated a tax lien certificate in favor of the winning bidder. If there is no bidder, the tax
collector shall issue and record the tax lien certificate in favor of the political subdivision.
The recording cost due to the clerk of court shall be included in the price paid at the tax lien
auction and the face value of the tax lien certificate. The tax collector shall also deliver a
certified copy of the tax lien certificate to the winning bidder.
(2) The tax lien certificate shall be prima facie evidence of the validity of the tax lien
and the assignment to the person named thereon.
F. Upon the issuance of a tax lien certificate, interest shall accrue on the face value
of the tax lien certificate at the monthly rate established by the winning bid at the tax lien
auction. If the tax lien certificate is issued in favor of the political subdivision, interest shall
accrue on the face value of the tax lien certificate at the rate of one percent per month. In
both cases, interest shall be calculated on a noncompounding basis.