[RPPTL LandTen] Security deposits
Has anyone dealt with a garnishment served on the landlord? The creditor is trying to grab the security deposit. I’m not able to find anything saying it cannot be grabbed by the creditor, so I assume it’s free game.
Does anyone have any conflicting insight?
Thanks
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It seems that during the term of the Lease, the Landlord has a security interest in the SD. After it is returnable, the creditor can get at it.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Phone 954-491-1120 Ext. 1015
Direct Phone 954-343-6941
David.Weisman@gmlaw.com
www.GMlaw.com
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Thursday, May 11, 2017 9:51 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Security deposits
Has anyone dealt with a garnishment served on the landlord? The creditor is trying to grab the security deposit. I’m not able to find anything saying it cannot be grabbed by the creditor, so I assume it’s free game.
Does anyone have any conflicting insight?
Thanks
--
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Seems to me that only unencumbered assets, or assets in which the creditor has a priority interest at least, are fair game. Surely there is an argument that this not how you would characterize a deposit held by a landlord, but I have not dealt with that issue. I do have a client against which a receiver has proceeded for the tenant's deposit, but it's a different situation because the landlord/client had applied it to a default already (and the receiver was using the tenant’s space without paying rent). I assume that is not your situation.
Gregory R. Haney | Shumaker
Attorney at Law
Board Certified in Real Estate Law
Bank of America Plaza, Suite 2800
101 East Kennedy Boulevard | Tampa, FL 33602
Direct 813.227.2277 | Fax 813.229.1660
ghaney@slk-law.com | biohttp://www.slk-law.com/Professionals/Gregory-Scott-R-Haney | LinkedInhttp://www.linkedin.com/in/gregoryhaney
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-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Thursday, May 11, 2017 9:51 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Security deposits
Has anyone dealt with a garnishment served on the landlord? The creditor is trying to grab the security deposit. I’m not able to find anything saying it cannot be grabbed by the creditor, so I assume it’s free game.
Does anyone have any conflicting insight?
Thanks
--
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While the landlord ought have a security interest in the deposit during the
term of the lease, the landlord probably did not obtain a perfected
security interest by filing a UCC-1.
Bob Wunker
On Thu, May 11, 2017 at 10:35 AM, David Weisman David.Weisman@gmlaw.com
wrote:
It seems that during the term of the Lease, the Landlord has a security
interest in the SD. After it is returnable, the creditor can get at it.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Phone 954-491-1120 Ext. 1015
Direct Phone 954-343-6941
David.Weisman@gmlaw.com
www.GMlaw.com
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.
flabarrpptl.org] On Behalf Of Todd Allen
Sent: Thursday, May 11, 2017 9:51 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Security deposits
Has anyone dealt with a garnishment served on the landlord? The creditor
is trying to grab the security deposit. I’m not able to find anything
saying it cannot be grabbed by the creditor, so I assume it’s free game.
Does anyone have any conflicting insight?
Thanks
--
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It does not seem possible that as a result of a garnishment order that they someone could have greater rights than the tenant. The tenant is not entitled to return of the deposit as landlord holds it for security of its obligations.
Bob wouldn’t possession act to perfect?
This email message was sent by:
Lloyd Granet | Board Certified Real Estate Attorney
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
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NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Bob Wunker
Sent: Thursday, May 11, 2017 10:50 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Security deposits
While the landlord ought have a security interest in the deposit during the term of the lease, the landlord probably did not obtain a perfected security interest by filing a UCC-1.
Bob Wunker
On Thu, May 11, 2017 at 10:35 AM, David Weisman <David.Weisman@gmlaw.commailto:David.Weisman@gmlaw.com> wrote:
It seems that during the term of the Lease, the Landlord has a security interest in the SD. After it is returnable, the creditor can get at it.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Phone 954-491-1120 Ext. 1015tel:954-491-1120%20Ext.%201015
Direct Phone 954-343-6941tel:954-343-6941
David.Weisman@gmlaw.commailto:David.Weisman@gmlaw.com
www.GMlaw.comhttp://www.GMlaw.com
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Thursday, May 11, 2017 9:51 AM
To: landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Security deposits
Has anyone dealt with a garnishment served on the landlord? The creditor is trying to grab the security deposit. I’m not able to find anything saying it cannot be grabbed by the creditor, so I assume it’s free game.
Does anyone have any conflicting insight?
Thanks
--
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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.
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Would possession act to perfect? Depends. If it is in a bank account of
the landlord, then per UCC 9-313, it is in a “deposit account” (UCC
9-102(29)). Under 9-313 a deposit account is excluded from entitlement of
perfection by possession alone (see official comment 2 to 9-313). But, if
the landlord is the bank’s customer and is the secured party under the
lease, then it is “control” (not possession) by which UCC 9-104(a)(3)
provides that “the secured party becomes the bank’s customer with respect
to the deposit account” and would under UCC 9-312 (see official comment 5)
have perfection by that control unless the deposit was in the nature of a
certificate of deposit or other “instrument”. It is “control”, not
“filing” that perfects an interest in a “deposit account”. If the security
deposit is not in a “deposit account", then it is my view that neither
possession nor control would give rise to perfection against third parties,
and the Landlord would have to perfect by a filing. Hopefully for the
landlord, the security deposit is in a deposit account which he controls.
On Thu, May 11, 2017 at 11:02 AM, Lloyd Granet lgranet@granetlaw.com
wrote:
It does not seem possible that as a result of a garnishment order that
they someone could have greater rights than the tenant. The tenant is not
entitled to return of the deposit as landlord holds it for security of its
obligations.
Bob wouldn’t possession act to perfect?
This email message was sent by:
Lloyd Granet | Board Certified Real Estate Attorney
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110 <(561)%20999-9300>
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with
IRS Circular 230, we must inform you that any U.S. tax advice contained in
this transmission and any attachments hereto is not intended or written to
be used and may not be used by any person for the purpose of (i) avoiding
any penalty that may be imposed by the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any tax-related
matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent,
(b) confidential, and (c) intended only for the use of the individual or
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P.A. requests that you immediately notify us at (561) 999-9300 (collect)
and destroy this communication. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Bob Wunker
Sent: Thursday, May 11, 2017 10:50 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Security deposits
While the landlord ought have a security interest in the deposit during
the term of the lease, the landlord probably did not obtain a perfected
security interest by filing a UCC-1.
Bob Wunker
On Thu, May 11, 2017 at 10:35 AM, David Weisman David.Weisman@gmlaw.com
wrote:
It seems that during the term of the Lease, the Landlord has a security
interest in the SD. After it is returnable, the creditor can get at it.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Phone 954-491-1120 Ext. 1015
Direct Phone 954-343-6941
David.Weisman@gmlaw.com
www.GMlaw.com
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.
flabarrpptl.org] On Behalf Of Todd Allen
Sent: Thursday, May 11, 2017 9:51 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Security deposits
Has anyone dealt with a garnishment served on the landlord? The creditor
is trying to grab the security deposit. I’m not able to find anything
saying it cannot be grabbed by the creditor, so I assume it’s free game.
Does anyone have any conflicting insight?
Thanks
--
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
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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
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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
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Unless specifically indicated otherwise, any discussion of tax issues
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information you provide will be used for that purpose if we are attempting
to collect a debt from you.
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The Creditor has no more rights than the Debtor possessed
Robert M. Schwartz, Esq.
FLORIDA BAR BOARD CERTIFIED REAL ESTATE LAWYER
ROBERT MARC SCHWARTZ, P.A.
4700 NW Boca Raton Blvd., Suite 104
Boca Raton, FL 33431-4860
Phone (561) 241-1850
Fax (561) 241-1845
Christine@RobertSchwartzPA.Com
http://WWW.RobertSchwartzPA.Com WWW.RobertSchwartzPA.Com
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THANK YOU
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Thursday, May 11, 2017 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security deposits
It does not seem possible that as a result of a garnishment order that they someone could have greater rights than the tenant. The tenant is not entitled to return of the deposit as landlord holds it for security of its obligations.
Bob wouldn’t possession act to perfect?
This email message was sent by:
Lloyd Granet | Board Certified Real Estate Attorney
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com
NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Bob Wunker
Sent: Thursday, May 11, 2017 10:50 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Security deposits
While the landlord ought have a security interest in the deposit during the term of the lease, the landlord probably did not obtain a perfected security interest by filing a UCC-1.
Bob Wunker
On Thu, May 11, 2017 at 10:35 AM, David Weisman David.Weisman@gmlaw.com wrote:
It seems that during the term of the Lease, the Landlord has a security interest in the SD. After it is returnable, the creditor can get at it.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Phone 954-491-1120 Ext. 1015 tel:954-491-1120%20Ext.%201015
Direct Phone 954-343-6941
David.Weisman@gmlaw.com
www.GMlaw.com
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Thursday, May 11, 2017 9:51 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Security deposits
Has anyone dealt with a garnishment served on the landlord? The creditor is trying to grab the security deposit. I’m not able to find anything saying it cannot be grabbed by the creditor, so I assume it’s free game.
Does anyone have any conflicting insight?
Thanks
--
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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landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
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you have received this communication in error, please notify us immediately
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Unless specifically indicated otherwise, any discussion of tax issues
contained in this e-mail, including any attachments, is not, and is not
intended to be, ''written advice'' as defined in Section 10.37 of Treasury
Department Circular 230.
A portion of our practice involves the collection of debt and any
information you provide will be used for that purpose if we are attempting
to collect a debt from you.
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