In Ellis Construction, Inc. v. Vieux Carre Resort Properties, 934 So. 2d 206 (La. App. 4th Cir. 6/07/06), the Fourth Circuit Court of Appeal addressed the effect of an arbitration clause contained in a construction contract on a collateral (future advance) mortgage securing the amounts due under the construction construct. Although the collateral mortgage satisfied all of the requirements in order to obtain Louisiana's expedited foreclosure remedy known as executory process, the Court held that the debtor was entitled to an injunction, because a suspensive condition to the seizure and sale had not yet been satisfied: arbitration of the amount owed by the debtor as required by the construction contract. The Court recognized that executory process is intended to grant accelerated relief to creditors in a summary proceeding without a trial, but that parties are free to contract on their own terms as long as the terms are not illegal or prohibited by statute. This decision was also based on the strong presumption in favor of upholding arbitration agreements and the fact that the debt in dispute was covered by the arbitration clause contained in the construction contract. Thus, the contractor, as a creditor, unknowingly contracted around the use of executory process which is permitted by Louisiana law. The use of arbitration provisions in loan documents must be carefully considered in light of the possible loss of executory process.