Empathy List Archives

HG

Haney, Gregory

Mon, Jan 30, 2012 4:39 PM

Good morning, all -

I know 713.10 has been at the forefront for some of our members lately,
but I don't recall this aspect being discussed, nor has it ever come up
before in my practice.

If an owner properly recorded a 713.10 notice of lien prohibition and
referenced same in a given lease, would a successor owner/landlord have
to re-record the notice upon taking title, or does the protection exist
as long as the relevant lease(s)?

Thanks,
Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

Good morning, all - I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice. If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)? Thanks, Gregory Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com http://www.slk-law.com/ -------------------------------------------------------------------------- IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

MF

Manuel Farach

Mon, Jan 30, 2012 4:43 PM

Aren’t the old leases typically assigned over to the Buyer at closing? If a new lease is signed, I think the new owner would have to re-record but I can fashion a really good argument that the Buyer is protected under the old lease with a proper assignment

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Monday, January 30, 2012 11:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

Good morning, all -

I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice.

If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)?

Thanks,
Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
www.slk-law.com http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

Aren’t the old leases typically assigned over to the Buyer at closing? If a new lease is signed, I think the new owner would have to re-record but I can fashion a really good argument that the Buyer is protected under the old lease with a proper assignment ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory Sent: Monday, January 30, 2012 11:39 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords Good morning, all - I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice. If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)? Thanks, Gregory Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com www.slk-law.com<http://www.slk-law.com/> ________________________________ IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

DD

Drobner, David S.

Mon, Jan 30, 2012 4:46 PM

I always thought the notice runs with the land and the relevant leasehold estate to which it relates; never doubted that it remains effective to protect a successor owner. Title insurance typically shows those 713.10 instrument(s) as exceptions to title – indicating, again I always thought, a belief they survive…

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, January 30, 2012 11:44 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

Aren’t the old leases typically assigned over to the Buyer at closing? If a new lease is signed, I think the new owner would have to re-record but I can fashion a really good argument that the Buyer is protected under the old lease with a proper assignment

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Monday, January 30, 2012 11:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

Good morning, all -

I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice.

If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)?

Thanks,
Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
www.slk-law.com http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

I always thought the notice runs with the land and the relevant leasehold estate to which it relates; never doubted that it remains effective to protect a successor owner. Title insurance typically shows those 713.10 instrument(s) as exceptions to title – indicating, again I always thought, a belief they survive… From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, January 30, 2012 11:44 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords Aren’t the old leases typically assigned over to the Buyer at closing? If a new lease is signed, I think the new owner would have to re-record but I can fashion a really good argument that the Buyer is protected under the old lease with a proper assignment ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory Sent: Monday, January 30, 2012 11:39 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords Good morning, all - I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice. If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)? Thanks, Gregory Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com www.slk-law.com<http://www.slk-law.com/> ________________________________ IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

MG

Munoz, Gisela

Mon, Jan 30, 2012 4:51 PM

David’s understanding below - that it runs with the land - was my understanding, as well. If someone has information/case law to the contrary, please advise the group.

Best Regards,

Gisela

http://www.hugheshubbard.com/

Gisela M. Munoz | Counsel
Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332
Office 305-373-5665 | Fax 305-371-8759
munoz@hugheshubbard.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner, David S.
Sent: Monday, January 30, 2012 11:47 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

I always thought the notice runs with the land and the relevant leasehold estate to which it relates; never doubted that it remains effective to protect a successor owner. Title insurance typically shows those 713.10 instrument(s) as exceptions to title – indicating, again I always thought, a belief they survive…

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Monday, January 30, 2012 11:44 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

Aren’t the old leases typically assigned over to the Buyer at closing? If a new lease is signed, I think the new owner would have to re-record but I can fashion a really good argument that the Buyer is protected under the old lease with a proper assignment

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com

To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter
addressed herein.

This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not
landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in
reliance on the contents of this information is strictly prohibited. E-mail
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Monday, January 30, 2012 11:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

Good morning, all -

I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice.

If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)?

Thanks,

Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
www.slk-law.com http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

This email and any files transmitted with it may contain privileged or confidential information. Use, disclosure, copying or distribution of this message by anyone other than the intended recipient is strictly prohibited. If you have received this email in error please notify the sender by reply email and destroy all copies of this message in your possession, custody or control.

David’s understanding below - that it runs with the land - was my understanding, as well. If someone has information/case law to the contrary, please advise the group. Best Regards, Gisela <http://www.hugheshubbard.com/> Gisela M. Munoz | Counsel Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332 Office 305-373-5665 | Fax 305-371-8759 munoz@hugheshubbard.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner, David S. Sent: Monday, January 30, 2012 11:47 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords I always thought the notice runs with the land and the relevant leasehold estate to which it relates; never doubted that it remains effective to protect a successor owner. Title insurance typically shows those 713.10 instrument(s) as exceptions to title – indicating, again I always thought, a belief they survive… From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, January 30, 2012 11:44 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords Aren’t the old leases typically assigned over to the Buyer at closing? If a new lease is signed, I think the new owner would have to re-record but I can fashion a really good argument that the Buyer is protected under the old lease with a proper assignment ________________________________ Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory Sent: Monday, January 30, 2012 11:39 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords Good morning, all - I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice. If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)? Thanks, Gregory Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com www.slk-law.com <http://www.slk-law.com/> ________________________________ IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659. ********************************************************************** This email and any files transmitted with it may contain privileged or confidential information. Use, disclosure, copying or distribution of this message by anyone other than the intended recipient is strictly prohibited. If you have received this email in error please notify the sender by reply email and destroy all copies of this message in your possession, custody or control. **********************************************************************

HG

Haney, Gregory

Mon, Jan 30, 2012 6:06 PM

Thanks for everyone's thoughts on this. I would tend to agree that this
protection runs with the land upon recording (with regard to compliant
leases of course), but likewise welcome any contrary thoughts or case
law.

Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Munoz,
Gisela
Sent: Monday, January 30, 2012 11:52 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien
prohibitionprotection to successor owners/landlords

David's understanding below - that it runs with the land - was my
understanding, as well. If someone has information/case law to the
contrary, please advise the group.

Best Regards,

Gisela

http://www.hugheshubbard.com/

Gisela M. Munoz | Counsel
Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL
33131-4332
Office 305-373-5665 | Fax 305-371-8759
munoz@hugheshubbard.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner,
David S.
Sent: Monday, January 30, 2012 11:47 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition
protection to successor owners/landlords

I always thought the notice runs with the land and the relevant
leasehold estate to which it relates; never doubted that it remains
effective to protect a successor owner. Title insurance typically shows
those 713.10 instrument(s) as exceptions to title - indicating, again I
always thought, a belief they survive...

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel
Farach
Sent: Monday, January 30, 2012 11:44 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition
protection to successor owners/landlords

Aren't the old leases typically assigned over to the Buyer at closing?
If a new lease is signed, I think the new owner would have to re-record
but I can fashion a really good argument that the Buyer is protected
under the old lease with a proper assignment

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and
Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com

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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney,
Gregory
Sent: Monday, January 30, 2012 11:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition
protection to successor owners/landlords

Good morning, all -

I know 713.10 has been at the forefront for some of our members lately,
but I don't recall this aspect being discussed, nor has it ever come up
before in my practice.

If an owner properly recorded a 713.10 notice of lien prohibition and
referenced same in a given lease, would a successor owner/landlord have
to re-record the notice upon taking title, or does the protection exist
as long as the relevant lease(s)?

Thanks,

Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
www.slk-law.com http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or
entity may use any tax advice in this communication or any attachment to
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Thanks for everyone's thoughts on this. I would tend to agree that this protection runs with the land upon recording (with regard to compliant leases of course), but likewise welcome any contrary thoughts or case law. Gregory Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com http://www.slk-law.com/ -------------------------------------------------------------------------- IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Munoz, Gisela Sent: Monday, January 30, 2012 11:52 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibitionprotection to successor owners/landlords David's understanding below - that it runs with the land - was my understanding, as well. If someone has information/case law to the contrary, please advise the group. Best Regards, Gisela <http://www.hugheshubbard.com/> Gisela M. Munoz | Counsel Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL 33131-4332 Office 305-373-5665 | Fax 305-371-8759 munoz@hugheshubbard.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Drobner, David S. Sent: Monday, January 30, 2012 11:47 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords I always thought the notice runs with the land and the relevant leasehold estate to which it relates; never doubted that it remains effective to protect a successor owner. Title insurance typically shows those 713.10 instrument(s) as exceptions to title - indicating, again I always thought, a belief they survive... From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Manuel Farach Sent: Monday, January 30, 2012 11:44 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords Aren't the old leases typically assigned over to the Buyer at closing? If a new lease is signed, I think the new owner would have to re-record but I can fashion a really good argument that the Buyer is protected under the old lease with a proper assignment ________________________________ Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory Sent: Monday, January 30, 2012 11:39 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords Good morning, all - I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice. If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)? Thanks, Gregory Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com www.slk-law.com <http://www.slk-law.com/> ________________________________ IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659. ********************************************************************** This email and any files transmitted with it may contain privileged or confidential information. Use, disclosure, copying or distribution of this message by anyone other than the intended recipient is strictly prohibited. If you have received this email in error please notify the sender by reply email and destroy all copies of this message in your possession, custody or control. **********************************************************************

AJ

Arthur J. Menor

Mon, Jan 30, 2012 10:17 PM

Although the recitation of facts in the opinion is not free from doubt, it appears that the blanket notice that was the subject of the Everglades Electric case was recorded by a predecessor in title to the landlord party to the lawsuit which would imply that the notice “runs with the land”.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Monday, January 30, 2012 11:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

Good morning, all -

I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice.

If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)?

Thanks,
Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com
www.slk-law.com http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

</pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

Although the recitation of facts in the opinion is not free from doubt, it appears that the blanket notice that was the subject of the Everglades Electric case was recorded by a predecessor in title to the landlord party to the lawsuit which would imply that the notice “runs with the land”. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory Sent: Monday, January 30, 2012 11:39 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords Good morning, all - I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice. If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)? Thanks, Gregory Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com www.slk-law.com<http://www.slk-law.com/> ________________________________ IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659. </pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

LG

Lloyd Granet

Tue, Jan 31, 2012 1:48 PM

It makes sense that a specific memorandum that says this lease provides for lien prohibition would run with the land, but for the generic notice we have as a matter of course rerecorded notices when our clients acquired centers.

My logic has been that under the law prior to Everglades our notices said, our standard form lease provides the following language_______________, my theory was while that may cover old leases it did not cover new leases by a new landlord.

Under the new statute, you are required to notice the name of the landlord, the language in the various leases and a statement that all or a majority of leases contain the required language. Regardless unless we adopt the language from the prior landlord’s form we will need to record new notice for the lien prohibition language in our form.

The other way to look at the question is what happens when a center was in compliance when the notice was filed but falls out of compliance?

This email message was sent by:

Lloyd Granet
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 Arthur J. Menor
Sent: Monday, January 30, 2012 5:17 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

Although the recitation of facts in the opinion is not free from doubt, it appears that the blanket notice that was the subject of the Everglades Electric case was recorded by a predecessor in title to the landlord party to the lawsuit which would imply that the notice “runs with the land”.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org]mailto:[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Monday, January 30, 2012 11:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

Good morning, all -

I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice.

If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)?

Thanks,
Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney@slk-law.com mailto:ghaney@slk-law.com
www.slk-law.com http://www.slk-law.com/

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

It makes sense that a specific memorandum that says this lease provides for lien prohibition would run with the land, but for the generic notice we have as a matter of course rerecorded notices when our clients acquired centers. My logic has been that under the law prior to Everglades our notices said, our standard form lease provides the following language_______________, my theory was while that may cover old leases it did not cover new leases by a new landlord. Under the new statute, you are required to notice the name of the landlord, the language in the various leases and a statement that all or a majority of leases contain the required language. Regardless unless we adopt the language from the prior landlord’s form we will need to record new notice for the lien prohibition language in our form. The other way to look at the question is what happens when a center was in compliance when the notice was filed but falls out of compliance? This email message was sent by: _______________________________ Lloyd Granet 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 Arthur J. Menor Sent: Monday, January 30, 2012 5:17 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords Although the recitation of facts in the opinion is not free from doubt, it appears that the blanket notice that was the subject of the Everglades Electric case was recorded by a predecessor in title to the landlord party to the lawsuit which would imply that the notice “runs with the land”. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org]<mailto:[mailto:landten-bounces@lists.flabarrpptl.org]> On Behalf Of Haney, Gregory Sent: Monday, January 30, 2012 11:39 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords Good morning, all - I know 713.10 has been at the forefront for some of our members lately, but I don't recall this aspect being discussed, nor has it ever come up before in my practice. If an owner properly recorded a 713.10 notice of lien prohibition and referenced same in a given lease, would a successor owner/landlord have to re-record the notice upon taking title, or does the protection exist as long as the relevant lease(s)? Thanks, Gregory Gregory R. Haney Attorney at Law Shumaker, Loop & Kendrick, LLP Bank of America Plaza 101 East Kennedy Boulevard Suite 2800 Tampa, FL 33602 813.229.7600 813.227.2277 direct 813.229.1660 fax ghaney@slk-law.com<mailto:ghaney@slk-law.com> www.slk-law.com<http://www.slk-law.com/> ________________________________ IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.