Leasehold foreclosure
Question:
A lessee on a commercial lease does a build-out, doesn't pay the contractor who files a lien but the landlord has complied with 713.10. The leasehold interest is foreclosed and sold at foreclosure sale. The purchaser of the leasehold interest thereafter does not pay rent. Is the original tenant still liable for any unpaid rent?
[BSLawBSolomonBC-page-001 (2)]
The original lessee is probably in breach of the commercial lease which usually provides for acceleration of rents due under the lease. It will likely depend upon the terms of the lease.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, November 17, 2016 2:07 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Leasehold foreclosure
Question:
A lessee on a commercial lease does a build-out, doesn't pay the contractor who files a lien but the landlord has complied with 713.10. The leasehold interest is foreclosed and sold at foreclosure sale. The purchaser of the leasehold interest thereafter does not pay rent. Is the original tenant still liable for any unpaid rent?
[BSLawBSolomonBC-page-001 (2)]
Sean is right, and this question is perhaps a little tardy in the time line, but why would one seek to foreclose a lien on a leasehold unless it was a long term lease and the suffering of a lien or judgment allowed for transfer and the premises could be used by the lienor? I typically seek a judgment recognizing the lien in the amount due plus interest and fees against the tenant (and anyone else who may be responsible).
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, November 17, 2016 2:17 PM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
The original lessee is probably in breach of the commercial lease which usually provides for acceleration of rents due under the lease. It will likely depend upon the terms of the lease.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, November 17, 2016 2:07 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Leasehold foreclosure
Question:
A lessee on a commercial lease does a build-out, doesn't pay the contractor who files a lien but the landlord has complied with 713.10. The leasehold interest is foreclosed and sold at foreclosure sale. The purchaser of the leasehold interest thereafter does not pay rent. Is the original tenant still liable for any unpaid rent?
[BSLawBSolomonBC-page-001 (2)]
Larry: So what, exactly, does such a judgment (as you describe below) get you?
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, November 17, 2016 5:17 PM
To: Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
Sean is right, and this question is perhaps a little tardy in the time line, but why would one seek to foreclose a lien on a leasehold unless it was a long term lease and the suffering of a lien or judgment allowed for transfer and the premises could be used by the lienor? I typically seek a judgment recognizing the lien in the amount due plus interest and fees against the tenant (and anyone else who may be responsible).
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, November 17, 2016 2:17 PM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
The original lessee is probably in breach of the commercial lease which usually provides for acceleration of rents due under the lease. It will likely depend upon the terms of the lease.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, November 17, 2016 2:07 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Leasehold foreclosure
Question:
A lessee on a commercial lease does a build-out, doesn’t pay the contractor who files a lien but the landlord has complied with 713.10. The leasehold interest is foreclosed and sold at foreclosure sale. The purchaser of the leasehold interest thereafter does not pay rent. Is the original tenant still liable for any unpaid rent?
[BSLawBSolomonBC-page-001 (2)]
See F.S. 85.021 and 85.011 (3) and (4). Primarily it gets a claim against the tenant (if not already in privity) and the ability to recover fees (exactly).
Larry R. Leiby, Esq.
Of Counsel
Malka & Kravitz, P.A.
Suite 100, 1300 Sawgrass Corporate Parkway
Sunrise, FL 33323
Office: 954-514-0984 Cell 954-895-9198
e-mail: leiby@MKPAlaw.com website: www.MKPAlaw.com
Florida Bar Board Certified Construction Law Expert
Florida Supreme Court Certified Circuit Civil Mediator IMI Certifed International Mediator
Fellow, College of Commercial Arbitrators Fellow, American Law Society
From: Reese J. Henderson, Jr. [mailto:Reese.Henderson@gray-robinson.com]
Sent: Friday, November 18, 2016 9:58 AM
To: Larry Leiby; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
Larry: So what, exactly, does such a judgment (as you describe below) get you?
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, November 17, 2016 5:17 PM
To: Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
Sean is right, and this question is perhaps a little tardy in the time line, but why would one seek to foreclose a lien on a leasehold unless it was a long term lease and the suffering of a lien or judgment allowed for transfer and the premises could be used by the lienor? I typically seek a judgment recognizing the lien in the amount due plus interest and fees against the tenant (and anyone else who may be responsible).
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, November 17, 2016 2:17 PM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
The original lessee is probably in breach of the commercial lease which usually provides for acceleration of rents due under the lease. It will likely depend upon the terms of the lease.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, November 17, 2016 2:07 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Leasehold foreclosure
Question:
A lessee on a commercial lease does a build-out, doesn’t pay the contractor who files a lien but the landlord has complied with 713.10. The leasehold interest is foreclosed and sold at foreclosure sale. The purchaser of the leasehold interest thereafter does not pay rent. Is the original tenant still liable for any unpaid rent?
[BSLawBSolomonBC-page-001 (2)]
But if you can’t foreclose it . . . ? (Which your analysis seems to suggest, and which I think is true in most cases – how often do you find a tenant who stiffs the build-out contractor but is performing under its lease?)
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
From: Larry Leiby [mailto:Leiby@mkpalaw.com]
Sent: Friday, November 18, 2016 10:07 AM
To: Reese J. Henderson, Jr.; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
See F.S. 85.021 and 85.011 (3) and (4). Primarily it gets a claim against the tenant (if not already in privity) and the ability to recover fees (exactly).
Larry R. Leiby, Esq.
Of Counsel
Malka & Kravitz, P.A.
Suite 100, 1300 Sawgrass Corporate Parkway
Sunrise, FL 33323
Office: 954-514-0984 Cell 954-895-9198
e-mail: leiby@MKPAlaw.commailto:leiby@MKPAlaw.com website: www.MKPAlaw.comhttp://www.MKPAlaw.com
Florida Bar Board Certified Construction Law Expert
Florida Supreme Court Certified Circuit Civil Mediator IMI Certifed International Mediator
Fellow, College of Commercial Arbitrators Fellow, American Law Society
From: Reese J. Henderson, Jr. [mailto:Reese.Henderson@gray-robinson.com]
Sent: Friday, November 18, 2016 9:58 AM
To: Larry Leiby; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
Larry: So what, exactly, does such a judgment (as you describe below) get you?
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, November 17, 2016 5:17 PM
To: Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
Sean is right, and this question is perhaps a little tardy in the time line, but why would one seek to foreclose a lien on a leasehold unless it was a long term lease and the suffering of a lien or judgment allowed for transfer and the premises could be used by the lienor? I typically seek a judgment recognizing the lien in the amount due plus interest and fees against the tenant (and anyone else who may be responsible).
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, November 17, 2016 2:17 PM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
The original lessee is probably in breach of the commercial lease which usually provides for acceleration of rents due under the lease. It will likely depend upon the terms of the lease.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, November 17, 2016 2:07 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Leasehold foreclosure
Question:
A lessee on a commercial lease does a build-out, doesn’t pay the contractor who files a lien but the landlord has complied with 713.10. The leasehold interest is foreclosed and sold at foreclosure sale. The purchaser of the leasehold interest thereafter does not pay rent. Is the original tenant still liable for any unpaid rent?
[BSLawBSolomonBC-page-001 (2)]
You find it right outside of Kissimmee, Fantasyland (rarely if ever). It works if the tenant is solvent. If the tenant is worthless, just sad, which is why a lien against a leasehold is not as valuable as a lien against a feehold (at least where there is some equity in the feehold).
From: Reese J. Henderson, Jr. [mailto:Reese.Henderson@gray-robinson.com]
Sent: Friday, November 18, 2016 10:12 AM
To: Larry Leiby; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
But if you can’t foreclose it . . . ? (Which your analysis seems to suggest, and which I think is true in most cases – how often do you find a tenant who stiffs the build-out contractor but is performing under its lease?)
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
From: Larry Leiby [mailto:Leiby@mkpalaw.com]
Sent: Friday, November 18, 2016 10:07 AM
To: Reese J. Henderson, Jr.; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
See F.S. 85.021 and 85.011 (3) and (4). Primarily it gets a claim against the tenant (if not already in privity) and the ability to recover fees (exactly).
Larry R. Leiby, Esq.
Of Counsel
Malka & Kravitz, P.A.
Suite 100, 1300 Sawgrass Corporate Parkway
Sunrise, FL 33323
Office: 954-514-0984 Cell 954-895-9198
e-mail: leiby@MKPAlaw.commailto:leiby@MKPAlaw.com website: www.MKPAlaw.comhttp://www.MKPAlaw.com
Florida Bar Board Certified Construction Law Expert
Florida Supreme Court Certified Circuit Civil Mediator IMI Certifed International Mediator
Fellow, College of Commercial Arbitrators Fellow, American Law Society
From: Reese J. Henderson, Jr. [mailto:Reese.Henderson@gray-robinson.com]
Sent: Friday, November 18, 2016 9:58 AM
To: Larry Leiby; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
Larry: So what, exactly, does such a judgment (as you describe below) get you?
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, November 17, 2016 5:17 PM
To: Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
Sean is right, and this question is perhaps a little tardy in the time line, but why would one seek to foreclose a lien on a leasehold unless it was a long term lease and the suffering of a lien or judgment allowed for transfer and the premises could be used by the lienor? I typically seek a judgment recognizing the lien in the amount due plus interest and fees against the tenant (and anyone else who may be responsible).
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, November 17, 2016 2:17 PM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
The original lessee is probably in breach of the commercial lease which usually provides for acceleration of rents due under the lease. It will likely depend upon the terms of the lease.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, November 17, 2016 2:07 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Leasehold foreclosure
Question:
A lessee on a commercial lease does a build-out, doesn’t pay the contractor who files a lien but the landlord has complied with 713.10. The leasehold interest is foreclosed and sold at foreclosure sale. The purchaser of the leasehold interest thereafter does not pay rent. Is the original tenant still liable for any unpaid rent?
[BSLawBSolomonBC-page-001 (2)]
Just what I thought – a unicorn case ☺
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
From: Larry Leiby [mailto:Leiby@mkpalaw.com]
Sent: Friday, November 18, 2016 10:14 AM
To: Reese J. Henderson, Jr.; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
You find it right outside of Kissimmee, Fantasyland (rarely if ever). It works if the tenant is solvent. If the tenant is worthless, just sad, which is why a lien against a leasehold is not as valuable as a lien against a feehold (at least where there is some equity in the feehold).
From: Reese J. Henderson, Jr. [mailto:Reese.Henderson@gray-robinson.com]
Sent: Friday, November 18, 2016 10:12 AM
To: Larry Leiby; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
But if you can’t foreclose it . . . ? (Which your analysis seems to suggest, and which I think is true in most cases – how often do you find a tenant who stiffs the build-out contractor but is performing under its lease?)
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
From: Larry Leiby [mailto:Leiby@mkpalaw.com]
Sent: Friday, November 18, 2016 10:07 AM
To: Reese J. Henderson, Jr.; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
See F.S. 85.021 and 85.011 (3) and (4). Primarily it gets a claim against the tenant (if not already in privity) and the ability to recover fees (exactly).
Larry R. Leiby, Esq.
Of Counsel
Malka & Kravitz, P.A.
Suite 100, 1300 Sawgrass Corporate Parkway
Sunrise, FL 33323
Office: 954-514-0984 Cell 954-895-9198
e-mail: leiby@MKPAlaw.commailto:leiby@MKPAlaw.com website: www.MKPAlaw.comhttp://www.MKPAlaw.com
Florida Bar Board Certified Construction Law Expert
Florida Supreme Court Certified Circuit Civil Mediator IMI Certifed International Mediator
Fellow, College of Commercial Arbitrators Fellow, American Law Society
From: Reese J. Henderson, Jr. [mailto:Reese.Henderson@gray-robinson.com]
Sent: Friday, November 18, 2016 9:58 AM
To: Larry Leiby; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
Larry: So what, exactly, does such a judgment (as you describe below) get you?
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, November 17, 2016 5:17 PM
To: Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
Sean is right, and this question is perhaps a little tardy in the time line, but why would one seek to foreclose a lien on a leasehold unless it was a long term lease and the suffering of a lien or judgment allowed for transfer and the premises could be used by the lienor? I typically seek a judgment recognizing the lien in the amount due plus interest and fees against the tenant (and anyone else who may be responsible).
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, November 17, 2016 2:17 PM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
The original lessee is probably in breach of the commercial lease which usually provides for acceleration of rents due under the lease. It will likely depend upon the terms of the lease.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, November 17, 2016 2:07 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Leasehold foreclosure
Question:
A lessee on a commercial lease does a build-out, doesn’t pay the contractor who files a lien but the landlord has complied with 713.10. The leasehold interest is foreclosed and sold at foreclosure sale. The purchaser of the leasehold interest thereafter does not pay rent. Is the original tenant still liable for any unpaid rent?
[BSLawBSolomonBC-page-001 (2)]
It happens more often than you would expect. The tenant sees the obligation to pay rent as an immediate one, while the threat of suit and foreclosure a “can to kick down the road” until the new business becomes wildly successful enabling the tenant to satisfy its obligations to its contractor.
Michael Clark, Esquire
Florida Bar Certified Construction Law Specialist
Siegfried, Rivera, Hyman, Lerner,
De La Torre, Mars & Sobel, P.A.
201 Alhambra Circle, Eleventh Floor
Coral Gables, FL 33134
Tel: 305-442-3334 ● Fax: 305-443-3292
www.srhl-law.com ● MClark@srhl-law.commailto:MClark@srhl-law.com
Follow us on: Facebookhttps://www.facebook.com/pages/Siegfried-Rivera-Hyman-Lerner-De-La-Torre-Mars-Sobel-PA/168748843171348 ● Twitterhttps://twitter.com/SiegfriedLaw ● LinkedInhttp://www.linkedin.com/company/siegfried-rivera-lerner-de-la-torre-&-sobel-p-a-?trk=ppro_cprof ● Youtubehttp://www.youtube.com/user/SiegfriedLaw
[http://www.srhl-law.com/photos/new_logo.jpg]http://www.srhl-law.com/
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me by replying to this message and permanently deleting the original and any copy of this e-mail and any printout thereof.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Friday, November 18, 2016 10:12 AM
To: 'Larry Leiby'; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
But if you can’t foreclose it . . . ? (Which your analysis seems to suggest, and which I think is true in most cases – how often do you find a tenant who stiffs the build-out contractor but is performing under its lease?)
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
From: Larry Leiby [mailto:Leiby@mkpalaw.com]
Sent: Friday, November 18, 2016 10:07 AM
To: Reese J. Henderson, Jr.; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
See F.S. 85.021 and 85.011 (3) and (4). Primarily it gets a claim against the tenant (if not already in privity) and the ability to recover fees (exactly).
Larry R. Leiby, Esq.
Of Counsel
Malka & Kravitz, P.A.
Suite 100, 1300 Sawgrass Corporate Parkway
Sunrise, FL 33323
Office: 954-514-0984 Cell 954-895-9198
e-mail: leiby@MKPAlaw.commailto:leiby@MKPAlaw.com website: www.MKPAlaw.comhttp://www.MKPAlaw.com
Florida Bar Board Certified Construction Law Expert
Florida Supreme Court Certified Circuit Civil Mediator IMI Certifed International Mediator
Fellow, College of Commercial Arbitrators Fellow, American Law Society
From: Reese J. Henderson, Jr. [mailto:Reese.Henderson@gray-robinson.com]
Sent: Friday, November 18, 2016 9:58 AM
To: Larry Leiby; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
Larry: So what, exactly, does such a judgment (as you describe below) get you?
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, November 17, 2016 5:17 PM
To: Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
Sean is right, and this question is perhaps a little tardy in the time line, but why would one seek to foreclose a lien on a leasehold unless it was a long term lease and the suffering of a lien or judgment allowed for transfer and the premises could be used by the lienor? I typically seek a judgment recognizing the lien in the amount due plus interest and fees against the tenant (and anyone else who may be responsible).
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, November 17, 2016 2:17 PM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
The original lessee is probably in breach of the commercial lease which usually provides for acceleration of rents due under the lease. It will likely depend upon the terms of the lease.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, November 17, 2016 2:07 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Leasehold foreclosure
Question:
A lessee on a commercial lease does a build-out, doesn’t pay the contractor who files a lien but the landlord has complied with 713.10. The leasehold interest is foreclosed and sold at foreclosure sale. The purchaser of the leasehold interest thereafter does not pay rent. Is the original tenant still liable for any unpaid rent?
[BSLawBSolomonBC-page-001 (2)]
This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com
This email has been scanned for email related threats and delivered safely by Mimecast.
For more information please visit http://www.mimecast.com
Michael,
Respectfully you are correct on the perception by the debtor tenant, and you state a reason to enforce the lien. However, I don’t see cases where they go to judgment and the leasehold gets sold at foreclosure sale for any value, other than a long term lease, and then only if the lease terms do not preclude it. You enforce the lien to judgment. Foreclosure is questionable. The issue is what you can do with your lien enforcement judgment – seek execution, or pursue a foreclosure sale, incur that cost, and seek a deficiency with delayed execution.
Larry R. Leiby, Esq.
Of Counsel
Malka & Kravitz, P.A.
Suite 100, 1300 Sawgrass Corporate Parkway
Sunrise, FL 33323
Office: 954-514-0984 Cell 954-895-9198
e-mail: leiby@MKPAlaw.com website: www.MKPAlaw.com
Florida Bar Board Certified Construction Law Expert
Florida Supreme Court Certified Circuit Civil Mediator IMI Certifed International Mediator
Fellow, College of Commercial Arbitrators Fellow, American Law Society
From: Michael Clark [mailto:mclark@srhl-law.com]
Sent: Friday, November 18, 2016 10:26 AM
To: 'Reese J. Henderson, Jr.'; Larry Leiby; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
It happens more often than you would expect. The tenant sees the obligation to pay rent as an immediate one, while the threat of suit and foreclosure a “can to kick down the road” until the new business becomes wildly successful enabling the tenant to satisfy its obligations to its contractor.
Michael Clark, Esquire
Florida Bar Certified Construction Law Specialist
Siegfried, Rivera, Hyman, Lerner,
De La Torre, Mars & Sobel, P.A.
201 Alhambra Circle, Eleventh Floor
Coral Gables, FL 33134
Tel: 305-442-3334 ● Fax: 305-443-3292
www.srhl-law.com ● MClark@srhl-law.commailto:MClark@srhl-law.com
Follow us on: Facebookhttps://www.facebook.com/pages/Siegfried-Rivera-Hyman-Lerner-De-La-Torre-Mars-Sobel-PA/168748843171348 ● Twitterhttps://twitter.com/SiegfriedLaw ● LinkedInhttp://www.linkedin.com/company/siegfried-rivera-lerner-de-la-torre-&-sobel-p-a-?trk=ppro_cprof ● Youtubehttp://www.youtube.com/user/SiegfriedLaw
[http://www.srhl-law.com/photos/new_logo.jpg]http://www.srhl-law.com/
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me by replying to this message and permanently deleting the original and any copy of this e-mail and any printout thereof.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Friday, November 18, 2016 10:12 AM
To: 'Larry Leiby'; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
But if you can’t foreclose it . . . ? (Which your analysis seems to suggest, and which I think is true in most cases – how often do you find a tenant who stiffs the build-out contractor but is performing under its lease?)
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
From: Larry Leiby [mailto:Leiby@mkpalaw.com]
Sent: Friday, November 18, 2016 10:07 AM
To: Reese J. Henderson, Jr.; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
See F.S. 85.021 and 85.011 (3) and (4). Primarily it gets a claim against the tenant (if not already in privity) and the ability to recover fees (exactly).
Larry R. Leiby, Esq.
Of Counsel
Malka & Kravitz, P.A.
Suite 100, 1300 Sawgrass Corporate Parkway
Sunrise, FL 33323
Office: 954-514-0984 Cell 954-895-9198
e-mail: leiby@MKPAlaw.commailto:leiby@MKPAlaw.com website: www.MKPAlaw.comhttp://www.MKPAlaw.com
Florida Bar Board Certified Construction Law Expert
Florida Supreme Court Certified Circuit Civil Mediator IMI Certifed International Mediator
Fellow, College of Commercial Arbitrators Fellow, American Law Society
From: Reese J. Henderson, Jr. [mailto:Reese.Henderson@gray-robinson.com]
Sent: Friday, November 18, 2016 9:58 AM
To: Larry Leiby; Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Leasehold foreclosure
Larry: So what, exactly, does such a judgment (as you describe below) get you?
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, November 17, 2016 5:17 PM
To: Sean A. Mickley; Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
Sean is right, and this question is perhaps a little tardy in the time line, but why would one seek to foreclose a lien on a leasehold unless it was a long term lease and the suffering of a lien or judgment allowed for transfer and the premises could be used by the lienor? I typically seek a judgment recognizing the lien in the amount due plus interest and fees against the tenant (and anyone else who may be responsible).
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, November 17, 2016 2:17 PM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure
The original lessee is probably in breach of the commercial lease which usually provides for acceleration of rents due under the lease. It will likely depend upon the terms of the lease.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, November 17, 2016 2:07 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Leasehold foreclosure
Question:
A lessee on a commercial lease does a build-out, doesn’t pay the contractor who files a lien but the landlord has complied with 713.10. The leasehold interest is foreclosed and sold at foreclosure sale. The purchaser of the leasehold interest thereafter does not pay rent. Is the original tenant still liable for any unpaid rent?
[BSLawBSolomonBC-page-001 (2)]
This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com
This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com
