Jay's Commercial Carpets, Inc. v. Magna Interests, Inc.

Alliance Federal Savings & Loan might have utilized La.R.S. 9:4401, recorded the assignment of rents in the conveyance records, and primed the materialman. In my view Toomer v. Lowenthal, 430 So.2d 353 (La.App. 3d Cir.1983), and not Mexic Bros. v. 108 University Place, 488 So.2d 1193 (La.App. 4th Cir.1986), had it right. In Toomer, the court of appeal correctly determined that an assignment of rents recorded in the mortgage office was not effective against a third party purchaser of the rental property since R.S. 9:4401 required recordation in the conveyance records. However, Alliance did not…