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Guide · Louisiana · Texas

Short-sale deficiency: leftover debt in Louisiana and Texas

A deficiency is the part of the mortgage the sale did not pay. A short sale, a Louisiana sheriff's sale, and a Texas trustee sale do not treat that leftover the same way. This page is the basic split. It is not legal advice and it is not tax advice.

What is a deficiency?

You owe $150,000. The house sells for $130,000. The $20,000 gap is the deficiency, the leftover. Whether anyone can still collect that gap is not one national rule. It depends on the state, the sale, and what the lender agrees to in writing.

We buy houses. We do not forgive debt, and we do not tell a lender what it must accept.

Want a cash offer, or to have us take over the payments? Call or text Charlie at (318) 714-4321, or Get My Cash Offer. Cash is not promised on every house. No fee, no obligation.

Louisiana: the sale papers matter

On a Louisiana foreclosure, look at one line: with appraisement, or without appraisement.

  • Without appraisement. The notice says "without the benefit of appraisement." Under Louisiana Revised Statutes 13:4106, when a lender uses that waiver and the sale does not cover the debt, the debt is generally treated as satisfied as your personal obligation. There are exceptions. A lawyer reads your loan.
  • With appraisement. The house is appraised. If the sale does not pay the debt, the lender may be able to seek a deficiency judgment. How the appraisal and the bids are credited is in Louisiana Code of Civil Procedure article 2336. It is not automatic. The lender generally has to ask a court.

A short sale is different from the sheriff's sale. In a short sale, the lender agrees to take less than you owe before a closing. The written approval is what says whether the leftover is waived, pursued, or left unstated. Do not assume silence means waiver. Our page on owing more than the house is worth is the short version of that path.

Our guide on after a sheriff's sale is the foreclosure version. If the house is in Caddo and the date is still ahead, read how to stop a Caddo sheriff sale.

Texas is not Louisiana

A Marshall or Harrison County house under a deed of trust is not a Caddo sheriff's sale. Texas has its own rules for a trustee sale and for whether a lender can seek what the sale did not cover. Those rules are not R.S. 13:4106. A Texas lawyer reads the note and the notice. We do not.

If the house is in Marshall, start with we buy houses in Marshall, TX. The county page is Harrison County.

Taxes are a third question

Forgiven debt can be taxable even when a lender agrees not to collect it. That is a CPA question, not ours. Ask before you sign an approval that forgives a balance. We will not guess what the IRS will do with your file.

What we can and cannot do

We can buy a house when the numbers work, including some houses that owe more than a cash price would cover. Sometimes that is a short sale the lender must approve. Sometimes taking over the payments fits better. Cash is not promised on every house.

We cannot promise the lender will waive a deficiency. We cannot promise a deficiency lawsuit will fail. We do not negotiate with your lender as a service, and we charge homeowners no fee.

Not legal advice and not tax advice. A lawyer handles the leftover debt. A CPA handles any tax on forgiven debt. We buy houses.

Updated November 2, 2026

Questions people ask us

If I do a short sale, is the rest of the debt gone?
Only if the lender's written approval says so. Approval to sell for less is not the same sentence as a waiver of the leftover. Read the approval with a lawyer before you close.
Does a Louisiana sheriff sale wipe out the debt?
Sometimes. A sale without appraisement generally limits a deficiency under R.S. 13:4106, with exceptions. A sale with appraisement may leave a deficiency the lender can ask a court for. Your notice says which sale you have.
Does the same rule apply in Marshall, Texas?
No. Texas trustee sales follow Texas law. Do not use the Louisiana appraisement rule on a Harrison County notice. Ask a Texas lawyer.
Can you stop a deficiency lawsuit?
No. We do not represent you, and we do not practice law. If a suit is filed, take it to a lawyer.
Will you pay enough to clear what I owe?
Maybe, and maybe not. We look at the house and the payoff. If a cash price will not clear the loan, we say so. Cash is not promised on every house.
Do you charge to explain this?
No. This page is free, and we charge homeowners no fee to look at a house. The advice in a law office or a CPA's office is theirs, not ours.

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