MOF PRESERVATION OF AFFORDABILITY CORP v. NAPOLEON (2026)

Writ Granted. Louisiana Code of Civil Procedure article 3751 authorizes the recordation of a notice of lis pendens for “an action or proceeding ․ affecting the title to, or asserting a mortgage or privilege on, immovable property.” In this context, “title” means “ownership of a thing or a valid claim to a real right other than ownership.” See Yiannopoulos and Scalise, 2 La. Civ. Law. Treatise, Property § 11:10 (5th ed.).

The subject notice of lis pendens was recorded in connection with a suit seeking recovery of damages and specific performance of a lease of immovable property. A lease does not convey any real right or title to the property leased, but only personal rights and obligations between the lessor and lessee. See Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., 10-2267 (La. 10/25/11), 79 So. 3d 246, 262; Richard v. Hall, 03-1488 (La. 4/23/04), 874 So. 2d 131, 145; Yiannopoulos, 2 La. Civ. Law. Treatise at § 9:26. While recordation of the lease renders it enforceable against a subsequent purchaser of the property, this “does not alter the nature of [the] right. The right of the lessee is always a personal right against the owner to let him enjoy the thing.” Yiannopoulos, 2 La. Civ. Law. Treatise at § 9:26.

The subject suit for damages and specific performance of the lease does not affect the title to the leased property, nor does it assert a mortgage or privilege on the property. The trial court did not err in granting a writ of mandamus ordering cancellation of the notice of lis pendens. See La. Civ. Code art. 3751. The court of appeal judgment is reversed, and the trial court judgment is reinstated.

COURT OF APPEAL JUDGMENT REVERSED; TRIAL COURT JUDGMENT REINSTATED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM * FN* Judge Allison H. Penzato of the Court of Appeal, First Circuit, appointed Justice pro tempore, sitting for the vacancy in the First District.

Weimer, C.J., concurs in the result. Griffin, J., concurs in the result.