Empathy List Archives

TA

Todd Allen

Fri, Mar 11, 2016 5:33 PM

Do people usually file a lien foreclosure count in their complaint for eviction/damages? Client is the landlord for a restaurant tenant. Tenant left the equipment and landlord wants to rent the space out with the equipment in place. Tenant failed to deposit money into the registry pursuant to a court order, so he’s waived defenses. I would just like to avoid having to amend the complaint to include a lien foreclosure count it I can.

Thanks
Todd B. Allen, Esq. | Attorney
[Office] 239.593.7900
[Fax] 239.593.7909
www.lindsayallenlaw.com http://www.lindsayallenlaw.com/
13180 Livingston Road, Ste. 206
Naples, FL 34109
http://www.lindsayallenlaw.com/

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Do people usually file a lien foreclosure count in their complaint for eviction/damages? Client is the landlord for a restaurant tenant. Tenant left the equipment and landlord wants to rent the space out with the equipment in place. Tenant failed to deposit money into the registry pursuant to a court order, so he’s waived defenses. I would just like to avoid having to amend the complaint to include a lien foreclosure count it I can. Thanks Todd B. Allen, Esq. | Attorney [Office] 239.593.7900 [Fax] 239.593.7909 www.lindsayallenlaw.com <http://www.lindsayallenlaw.com/> 13180 Livingston Road, Ste. 206 Naples, FL 34109 <http://www.lindsayallenlaw.com/> -- CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential. UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents. EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents. FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes.

SJ

Sebastian Jaramillo

Fri, Mar 11, 2016 6:55 PM

The only thing I can think of is if you filed for a distress writ along
with your complaint.

Sebastian Jaramillo, Esq.

66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com

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On Fri, Mar 11, 2016 at 12:33 PM, Todd Allen todd@lindsayallenlaw.com
wrote:

Do people usually file a lien foreclosure count in their complaint for
eviction/damages? Client is the landlord for a restaurant tenant. Tenant
left the equipment and landlord wants to rent the space out with the
equipment in place. Tenant failed to deposit money into the registry
pursuant to a court order, so he’s waived defenses. I would just like to
avoid having to amend the complaint to include a lien foreclosure count it
I can.

Thanks
Todd B. Allen, Esq. | Attorney
[Office] 239.593.7900
[Fax] 239.593.7909
www.lindsayallenlaw.com
13180 Livingston Road, Ste. 206
Naples, FL 34109
http://www.lindsayallenlaw.com/

CONFIDENTIALITY NOTICE: This message contains information from Lindsay &
Allen, PLLC that may be privileged and/or confidential. If you are not the
addressee, please be advised that any disclosure, copying, distribution or
other use of the contents of this message is prohibited. If you are the
intended recipient and a client of the law firm, please preserve your
attorney-client privilege by NOT showing this message to others and keeping
its contents confidential.

UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns
negotiation of a contract or agreement, unless otherwise expressly stated
in writing, the Uniform Electronic Transactions Act does not apply to this
communication. Contract formation in this matter occurs subject to our
clients’ final review and manually affixing of original signatures on
original documents.

EVIDENTIARY PRIVILEGE: To the extent that this message is a communication
to settle a claim, all evidentiary limitations on its use are hereby
expressly made applicable to its contents.

FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that
this message is an effort to collect a consumer debt, you are hereby
notified that this is a communication from a debt collector and that all
information provided in response to this message may be used for debt
collection purposes.

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The only thing I can think of is if you filed for a distress writ along with your complaint. *Sebastian Jaramillo, Esq.* 66 W. Flagler St Suite 500 Miami, FL 33130 Tel: (305) 600-3805 Fax: (786) 347-5562 www.lawjb.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended. On Fri, Mar 11, 2016 at 12:33 PM, Todd Allen <todd@lindsayallenlaw.com> wrote: > Do people usually file a lien foreclosure count in their complaint for > eviction/damages? Client is the landlord for a restaurant tenant. Tenant > left the equipment and landlord wants to rent the space out with the > equipment in place. Tenant failed to deposit money into the registry > pursuant to a court order, so he’s waived defenses. I would just like to > avoid having to amend the complaint to include a lien foreclosure count it > I can. > > Thanks > Todd B. Allen, Esq. | Attorney > [Office] 239.593.7900 > [Fax] 239.593.7909 > www.lindsayallenlaw.com > 13180 Livingston Road, Ste. 206 > Naples, FL 34109 > <http://www.lindsayallenlaw.com/> > > > > CONFIDENTIALITY NOTICE: This message contains information from Lindsay & > Allen, PLLC that may be privileged and/or confidential. If you are not the > addressee, please be advised that any disclosure, copying, distribution or > other use of the contents of this message is prohibited. If you are the > intended recipient and a client of the law firm, please preserve your > attorney-client privilege by NOT showing this message to others and keeping > its contents confidential. > > UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns > negotiation of a contract or agreement, unless otherwise expressly stated > in writing, the Uniform Electronic Transactions Act does not apply to this > communication. Contract formation in this matter occurs subject to our > clients’ final review and manually affixing of original signatures on > original documents. > > EVIDENTIARY PRIVILEGE: To the extent that this message is a communication > to settle a claim, all evidentiary limitations on its use are hereby > expressly made applicable to its contents. > > FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that > this message is an effort to collect a consumer debt, you are hereby > notified that this is a communication from a debt collector and that all > information provided in response to this message may be used for debt > collection purposes. > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >

LS

Lainie Simon

Tue, Mar 15, 2016 5:11 PM

I am sorry I didn’t see this more timely.
First is to make sure that a third party doesn’t own any of the property, and for UCC liens, as you always have to deal with the third party first.

How risk averse is your client?
My clients make a few different choices in this situation.
Sometimes, they just relet with recognition of potential consequences, which are usually nothing. They understand they can get sued for damages, but for the most part the rent owed exceeds the value of the property. Before the tenant sues, it generally will make a demand and we deal with the tenant that way.
Sometimes, they send an abandoned property letter (not that they go through with a sale, but can often get a walk-thru appraisal showing that the equipment is worth next to nothing in its condition).
Sometimes they send the tenant a letter saying that the tenant will get a credit, in the value of the property, against what the tenant owes.

Fifteen years ago I did more distress writs, but usually my landlord clients understand the risks and consider them a cost of doing business, without the hassles of distraining property.

A few years ago Batmasian/Investments took my client’s laundry/dry cleaning machinery, worth multiples of what was owed. We sued and then settled for half, because my client couldn’t afford the litigation, and they were prepared to wait us out.

Hope this helps.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Mar 11, 2016, at 12:33 PM, Todd Allen todd@lindsayallenlaw.com wrote:

Do people usually file a lien foreclosure count in their complaint for eviction/damages? Client is the landlord for a restaurant tenant. Tenant left the equipment and landlord wants to rent the space out with the equipment in place. Tenant failed to deposit money into the registry pursuant to a court order, so he’s waived defenses. I would just like to avoid having to amend the complaint to include a lien foreclosure count it I can.

Thanks
Todd B. Allen, Esq. | Attorney
[Office] 239.593.7900
[Fax] 239.593.7909
www.lindsayallenlaw.com http://www.lindsayallenlaw.com/
13180 Livingston Road, Ste. 206
Naples, FL 34109
http://www.lindsayallenlaw.com/

CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential.

UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents.

EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents.

FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes.

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

I am sorry I didn’t see this more timely. First is to make sure that a third party doesn’t own any of the property, and for UCC liens, as you always have to deal with the third party first. How risk averse is your client? My clients make a few different choices in this situation. Sometimes, they just relet with recognition of potential consequences, which are usually nothing. They understand they can get sued for damages, but for the most part the rent owed exceeds the value of the property. Before the tenant sues, it generally will make a demand and we deal with the tenant that way. Sometimes, they send an abandoned property letter (not that they go through with a sale, but can often get a walk-thru appraisal showing that the equipment is worth next to nothing in its condition). Sometimes they send the tenant a letter saying that the tenant will get a credit, in the value of the property, against what the tenant owes. Fifteen years ago I did more distress writs, but usually my landlord clients understand the risks and consider them a cost of doing business, without the hassles of distraining property. A few years ago Batmasian/Investments took my client’s laundry/dry cleaning machinery, worth multiples of what was owed. We sued and then settled for half, because my client couldn’t afford the litigation, and they were prepared to wait us out. Hope this helps. Lainie J. Simon, Esq. 185 NW Spanish River Boulevard Suite 220 Boca Raton, FL 33431 561.445.1361 561.997.6224(fax) PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use. Ê On Mar 11, 2016, at 12:33 PM, Todd Allen <todd@lindsayallenlaw.com> wrote: Do people usually file a lien foreclosure count in their complaint for eviction/damages? Client is the landlord for a restaurant tenant. Tenant left the equipment and landlord wants to rent the space out with the equipment in place. Tenant failed to deposit money into the registry pursuant to a court order, so he’s waived defenses. I would just like to avoid having to amend the complaint to include a lien foreclosure count it I can. Thanks Todd B. Allen, Esq. | Attorney [Office] 239.593.7900 [Fax] 239.593.7909 www.lindsayallenlaw.com <http://www.lindsayallenlaw.com/> 13180 Livingston Road, Ste. 206 Naples, FL 34109 <http://www.lindsayallenlaw.com/> CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential. UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents. EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents. FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

landten@lists.flabarrpptl.org

[RPPTL LandTen] 83.08 Lien