Art. 2772 Procedure to obtain deficiency judgment

If a lender forecloses on property but the sale doesn't cover the full amount owed, the lender can go after the borrower for the remaining balance. This remaining balance is called a deficiency judgment. This rule explains how a lender can legally pursue that extra money.

There are two ways to do this. The lender can either switch the foreclosure case into a regular lawsuit, or file a brand new separate lawsuit against the borrower. Either way, the process has to follow the normal rules for lawsuits.

This means the borrower must be formally notified of the case through proper legal notice, called being "cited." The lender also has to follow all the standard waiting periods and legal steps that apply to regular lawsuits. The lender cannot skip these steps just because the case started as a foreclosure. This protects the borrower's right to know about the case and to respond before a judge decides they owe more money.