Liening on the Court: Examining Loblolly Properties, LLC v. Le Papillon Homeowner's Association, Inc. and the Future of Lien Priority in Mississippi

Authors

Thomas C. Jones

Publication Date

Winter 12-1-2025

Abstract

The Mississippi Supreme Court in Loblolly Properties, LLC v. Le Papillon Homeowner’s Association, Inc. held that the nonjudicial foreclosure of a deed of trust does not extinguish restrictive covenants to pay HOA fees that were filed after the recording of the deed of trust.  In doing so, the Court blatantly disregarded the fundamental understanding of lien priority in Mississippi, and also failed to explain how the policy behind lien priority would further be upheld in the future. This decision by the Supreme Court is incorrect and places Mississippi in a “super-minority” of jurisdictions on this issue.  The overwhelming majority of courts who have ruled on facts similar to Loblolly have all held contrary to that of the Supreme Court.  This Article examines the holding and analysis of the court in Loblolly and offers an explanation as to why the court found the way it did.  Finally, this Article lays out the direct consequences of the court's holding and presents several solutions as to how the Court may remedy this disastrous precedent.

Recommended Citation

Jones, Thomas C. (2025) "Liening on the Court: Examining Loblolly Properties, LLC v. Le Papillon Homeowner's Association, Inc. and the Future of Lien Priority in Mississippi," Mississippi College Law Review: Vol. 43: Iss. 2, Article 11.
Available at: https://dc.law.mc.edu/lawreview/vol43/iss2/11