Legal Opinion
In the Matter Of: Thomas Shannon Millette, Debtor. O'Neal Steel, Incorporated, Appellant-Cross-Appellee v. E B Incorporated, Appellee-Cross-Appellant
Court of Appeals for the Fifth Circuit
Decided September 21, 1999No. 98-60442PublishedCited by 10 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
At issue in this case is whether, under Mississippi law, an “assignment of rents” clause contained in a properly recorded deed of trust gives the mortgagee a perfected, secured interest in the rents. 1 Although this issue has never been addressed by the courts of Mississippi, our best Erie guess is that, following the majority rule, a Mississippi mortgagee’s interest in the rents becomes perfected when it properly records the document granting the assignment. The judgment of the bankruptcy and district courts is therefore, affirmed.
BACKGROUND
Thomas Millette, Ted…
2Cases cited39 opinions
- Martinez v. Continental EnterprisesSupreme Court of Colorado · 1986
- Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
- Wolters Village, Ltd. v. Village Properties, Ltd.Court of Appeals for the Fifth Circuit · 1984
- Bankr. L. Rep. P 71,239 in Re G. Dwayne Casbeer, Debtor. G. Dwayne Casbeer v. State Federal Savings & Loan Association of LubbockCourt of Appeals for the Fifth Circuit · 1986
- Federal Deposit Insurance Corporation v. AbrahamCourt of Appeals for the Fifth Circuit · 1998
34 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Roberts v. City of ShreveportCourt of Appeals for the Fifth Circuit · 2005
- Tarver v. City of EdnaCourt of Appeals for the Fifth Circuit · 2005
- In Re McCollumDistrict Court, E.D. Louisiana · 2007
- In re Manuel Mediavilla, Inc.United States Bankruptcy Court, D. Puerto Rico · 2014
- Gulf States Airgas v. Amer Marine ConstCourt of Appeals for the Fifth Circuit · 2000
5 more not listed; retrieve them via the Exa API.