Opinion

First National Bank of Commerce v. de la Tour Contractors, Inc.

  • 570 So. 2d 239
  • 1990 La. App. LEXIS 2576
  • 1990 WL 176975
Court
Louisiana Court of Appeal
Filed
Nov 15, 1990
Status
Published
Author
Schott
On the bench
Klees, Plotkin, Schott
Cited by
2 cases

The opinion

SCHOTT, Chief Judge,

dissenting.

The question is whether FNBC is within the class of persons R.S. 9:4833(F) is intended to protect. FNBC seems to concede that when it took its mortgage it was subordinate to de la Tour’s lien and it remained subordinate for the one year period after the date de la Tour filed its lien. I do not agree that FNBC is a third person as to whom de la Tour’s privilege ceased to exist by its failure to file a notice of lis pendens.

R.S. 9:2722 provides that a third person is one who deals with or acquires a right in property as a mortgagee and confers on such a third person the protection of the public registry laws. The clear intent is to protect one who takes a mortgage on property from any and all unrecorded liens, mortgages, claims or alienations of interest in the property. It enables one who takes a mortgage to rely exclusively on the public records.

FNBC is not in this class. It did not take its mortgage in reliance on the public records. It took its mortgage subject to de la Tour’s lien and should remain in that position notwithstanding de la Tour’s subsequent failure to avail itself of the protection of the public records law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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