Louisiana Receivers In Foreclosure - "Keep-er Away From My Collateral!!" Part 1

by Baker Donelson


This is the first of two posts on "Keepers".  The first post discusses (1) what a keeper is and (2) why you should designate a Keeper.  The forth-coming second post will discuss (3) the benefits of a Keeper and (4) some risks relating to a Keeper.

What is a "Keeper"?

Many non-Louisiana based commercial lenders/servicers will frequently confess to being mystified by the apparent anachronisms of Louisiana's "civil law" system. The good news is that many of Louisiana's laws governing commercial transactions have been modernized in recent years to, conceptually at least, bring them in line with other states. While the concepts behind these changes may be familiar, however, in true civil law fashion some of the terminology used remains distinct to Louisiana and can cause an unnecessary level of unease amongst those who are unfamiliar with the enforcement of security interests in the state.

For example, most every lender/servicer is familiar with the concept of appointing a receiver to administrate secured collateral, but Louisiana lawyers are often greeted with puzzlement when they ask whether a client would like to have a "Keeper" appointed during a foreclosure. To clear the air, a Keeper under Louisiana law is the basic equivalent of a receiver in other states.  Louisiana's Keeper laws can generally be found at La. R.S. 9:5136, et seq., for immovable and movable property (though certain types of specialized collateral are governed by additional rules).

Designate or You May Be Dismayed

Whether you have a mortgage on immovable/movable property or a security agreement under Chapter 9 of Louisiana's Commercial Laws, make certain your security instrument either designates a specific Keeper or clearly sets forth your right to appoint one along with the method that will be used to designate a Keeper in the future, and sets forth how the Keeper's compensation will be treated. Failure to do so will permit the Court, upon request via summary proceeding, to appoint a designee of the Court to act as Keeper. This can often-times be disastrous as the Keeper appointed by the Court may not have the particular expertise required to handle larger commercial/multi-family assets.

If, for some reason, your security instrument does not designate a specific Keeper, or a methodology for designating a Keeper, you may, via a separate instrument executed by the parties, cover this gap. But remember that if part of your collateral is immovable property, this separate instrument will have to be executed/acknowledged in the presence of a notary and two witnesses.

Finally, while Louisiana law does permit the secured party to designate itself as the Keeper, for a host of reasons it will nearly always be the wiser move to designate a third party to administrate your collateral during the pendency of a foreclosure action.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Baker Donelson | Attorney Advertising

Written by:

Baker Donelson

Baker Donelson on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.