Question:
Who has priority to a delinquent commercial condominium unit owner's tenant's rent payments?
The Association under 718.116(11) or the lender under an Assignment of Rents?
I represent the Association. The tenants have been paying rent to the Association to partially satisfy the past due assessments. The lender, in its pending foreclosure action, has filed a Motion for Order to Require Turnover of Rents pursuant to the lender’s Assignment of Rents. The Association wishes to defeat the lender’s Motion and I have not found any cases addressing this issue.
Best regards,
Michael L. Grant, Esq.
WARREN & GRANT, P.A.
4440 PGA Boulevard, Suite 200
Palm Beach Gardens, FL 33410
Telephone: (561) 681-9494
Facsimile: (561) 681-9436
www.warrengrant.com http://www.warrengrant.com/
Question:
Who has priority to a delinquent commercial condominium unit owner's tenant's rent payments?
The Association under 718.116(11) or the lender under an Assignment of Rents?
I represent the Association. The tenants have been paying rent to the Association to partially satisfy the past due assessments. The lender, in its pending foreclosure action, has filed a Motion for Order to Require Turnover of Rents pursuant to the lender’s Assignment of Rents. The Association wishes to defeat the lender’s Motion and I have not found any cases addressing this issue.
Best regards,
Michael L. Grant, Esq.
WARREN & GRANT, P.A.
4440 PGA Boulevard, Suite 200
Palm Beach Gardens, FL 33410
Telephone: (561) 681-9494
Facsimile: (561) 681-9436
www.warrengrant.com <http://www.warrengrant.com/>
