Legal Opinion

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

Supreme Court of Louisiana

Decided April 30, 1990No. 89-C-2594PublishedCited by 2 opinions

1Opinion of the Court

WATSON, Justice.*

In this dispute over rents from a commercial building, the plaintiff judgment creditor, Jay’s Commercial Carpets, Inc., claims priority over the mortgage holder because an assignment of leases and rents to the mortgagee was not recorded in the conveyance records as required by LSA-R.S. 9:44o!.1

Three individuals executed a mortgage and an assignment of rents from the mortgaged property in favor of Alliance Federal Savings and Loan Association. Alliance has been succeeded by its receiver, FSLIC. Both the mortgage and assignment were recorded in the mortgage records of East…

2Cases cited3 opinions

  1. Mexic Bros., Inc. v. 108 University PlaceLouisiana Court of Appeal · 1986
  2. Toomer v. LowenthalLouisiana Court of Appeal · 1983
  3. Jay's Commercial Carpets, Inc. v. Magna Interests, Inc.Louisiana Court of Appeal · 1989

3Cited by2 opinions

  1. Prudential Ins. v. CC & F BATON ROUGELouisiana Court of Appeal · 1994
  2. W.a.C. Inc. v. DayLouisiana Court of Appeal · 1993

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