Mississippi Court Rules That Construction Surety Has Priority To Retainage Over Claims Of The Contractor’s Secured Lender

LexisNexis (October 25, 2019, 12:30 PM EDT) -- In a recent decision from Mississippi, a bankruptcy court has ruled in favor of a surety over the construction lender’s perfected security interest in a retainage. The surety’s victory was based on a claim of equitable subrogation, outside the scope of Article 9. The Mississippi case is the latest of a long line of decisions favoring the surety in this important and recurrent priority scenario....