Empathy List Archives

L

lesstevens

Thu, Jul 9, 2015 5:32 PM

Has anyone heard of any recent cases which would overturn the premise that
upon foreclosure of a commercial mortgage, absent an SNDA or
self-subordination language, a commercial lease is terminated and becomes
month-to-month or tenant at sufferance?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS
MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH
TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY

Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance? Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ____________________________________________________________________________ ____________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

CS

Cary Sabol

Thu, Jul 9, 2015 5:49 PM

I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work. However, if anyone would know sure, it would be Manny Farach.
Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: lesstevens lesstevens@earthlink.net
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Thursday, July 9, 2015 1:32 PM
Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance? Les H. Stevens, Esquire

Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net ________________________________________________________________________________________OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

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

I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work. However, if anyone would know sure, it would be Manny Farach. Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. From: lesstevens <lesstevens@earthlink.net> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Sent: Thursday, July 9, 2015 1:32 PM Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance? Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ________________________________________________________________________________________OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

LC

Leonard Cabral

Thu, Jul 9, 2015 6:21 PM

I am not trying to correct anyone just want to known for my own sake. Isn’t a tenant at sufferance a Trespasser? and a person who continues after the term expired a tenant at will (a/k/a a month to month tenant).

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, July 09, 2015 1:49 PM
To: lesstevens@earthlink.net; 'RPPTL Landlord Tenant Committee'; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work. However, if anyone would know sure, it would be Manny Farach.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744

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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: lesstevens <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Sent: Thursday, July 9, 2015 1:32 PM
Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net mailto:lesstevens@earthlink.net

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

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

I am not trying to correct anyone just want to known for my own sake. Isn’t a tenant at sufferance a Trespasser? and a person who continues after the term expired a tenant at will (a/k/a a month to month tenant). From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Thursday, July 09, 2015 1:49 PM To: lesstevens@earthlink.net; 'RPPTL Landlord Tenant Committee'; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work. However, if anyone would know sure, it would be Manny Farach. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 ________________________________ 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. ________________________________ From: lesstevens <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Sent: Thursday, July 9, 2015 1:32 PM Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance? Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

MF

Manuel Farach

Thu, Jul 9, 2015 6:33 PM

Les,
I haven't seen any cases overturning that general principle. Specific facts in individual cases may, however, lead to a different result

Sent from my iPhone

On Jul 9, 2015, at 10:38 AM, lesstevens <lesstevens@earthlink.net mailto:lesstevens@earthlink.net> wrote:

Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net mailto:lesstevens@earthlink.net

[cid:imagebd9cc9.GIF@6b3c0da0.41a13067]

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
V-cardhttp://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com http://www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

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

Les, I haven't seen any cases overturning that general principle. Specific facts in individual cases may, however, lead to a different result Sent from my iPhone On Jul 9, 2015, at 10:38 AM, lesstevens <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>> wrote: Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance? Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________ [cid:imagebd9cc9.GIF@6b3c0da0.41a13067] 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 V-card<http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com<http://www.RichmanGreer.com> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. ________________________________ ________________________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

JG

James Glover

Thu, Jul 9, 2015 6:36 PM

We had a recent appeal on a similar issue, and we cited to these
cases. Unfortunately, neither directly supports your client's argument.

Redding v. Stockton, Whatley, Davin & Co., 488 So. 2d 548, 549 (Fla. 5th
DCA 1986), cause dism’d, 492 So. 2d 1334 (Fla. 1986)
Riley v. Grissett, 556 So. 2d 473, 475-76 (Fla. 1st DCA 1990)

If the tenant is joined as a defendant in the foreclosure and is foreclosed
in the judgment, then his/her tenancy is terminated once the foreclosure
sale occurs. However, (as appeared in our case) if the tenant is not
joined in the foreclosure, then their tenancy survives the foreclosure,
unless other equitable factors come into play (Riley).

Hope this helps.

Sincerely,

James

--

James Gloverc: 954.254.0436e: GloverJamesR@gmail.com
GloverJamesR@gmail.comLinked-In
http://www.linkedin.com/pub/james-glover/21/53/739

On Thu, Jul 9, 2015 at 2:33 PM, Manuel Farach MFarach@richmangreer.com
wrote:

Les,
I haven't seen any cases overturning that general principle. Specific
facts in individual cases may, however, lead to a different result

Sent from my iPhone

On Jul 9, 2015, at 10:38 AM, lesstevens lesstevens@earthlink.net wrote:

Has anyone heard of any recent cases which would overturn the premise
that upon foreclosure of a commercial mortgage, absent an SNDA or
self-subordination language, a commercial lease is terminated and becomes
month-to-month or tenant at sufferance?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

------------------------------

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
V-card http://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that
written communications issued by us are not intended to be and cannot be
relied upon to avoid penalties that may be imposed by the Internal Revenue
Service.

Incoming emails are filtered which may delay receipt. This email is
personal to the named recipient(s) and may be privileged and confidential.
If you are not the intended recipient, you received this in error. If so,
any review, dissemination, or copying of this email is prohibited. Please
immediately notify us by email and delete the original message.

*OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL
FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO
ACH TRANSFERS). *

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY

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

We had a recent appeal on a similar issue, and we cited to these cases. Unfortunately, neither directly supports your client's argument. Redding v. Stockton, Whatley, Davin & Co., 488 So. 2d 548, 549 (Fla. 5th DCA 1986), cause dism’d, 492 So. 2d 1334 (Fla. 1986) Riley v. Grissett, 556 So. 2d 473, 475-76 (Fla. 1st DCA 1990) If the tenant is joined as a defendant in the foreclosure and is foreclosed in the judgment, then his/her tenancy is terminated once the foreclosure sale occurs. However, (as appeared in our case) if the tenant is not joined in the foreclosure, then their tenancy survives the foreclosure, unless other equitable factors come into play (*Riley*). Hope this helps. Sincerely, James *--* *James Gloverc: 954.254.0436e: GloverJamesR@gmail.com <GloverJamesR@gmail.com>Linked-In <http://www.linkedin.com/pub/james-glover/21/53/739>* On Thu, Jul 9, 2015 at 2:33 PM, Manuel Farach <MFarach@richmangreer.com> wrote: > Les, > I haven't seen any cases overturning that general principle. Specific > facts in individual cases may, however, lead to a different result > > Sent from my iPhone > > On Jul 9, 2015, at 10:38 AM, lesstevens <lesstevens@earthlink.net> wrote: > > Has anyone heard of any recent cases which would overturn the premise > that upon foreclosure of a commercial mortgage, absent an SNDA or > self-subordination language, a commercial lease is terminated and becomes > month-to-month or tenant at sufferance? > > > > > > Les H. Stevens, Esquire > Les H. Stevens, P.A. > 5301 North Federal Highway > Suite 130 > Boca Raton, Florida 33487 > Tel. - (561) 989-9797 > Fax - (561) 989-8484 > E-Mail - lesstevens@earthlink.net > > > > ------------------------------ > > 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 > V-card <http://richmangreer.com/uploads/vcards/VcardFarach.vcf> > > www.RichmanGreer.com > > U.S. Treasury Regulation Circular 230 requires us to advise you that > written communications issued by us are not intended to be and cannot be > relied upon to avoid penalties that may be imposed by the Internal Revenue > Service. > > Incoming emails are filtered which may delay receipt. This email is > personal to the named recipient(s) and may be privileged and confidential. > If you are not the intended recipient, you received this in error. If so, > any review, dissemination, or copying of this email is prohibited. Please > immediately notify us by email and delete the original message. > > ------------------------------ > > > ________________________________________________________________________________________ > > *OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL > FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO > ACH TRANSFERS). * > > > > THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO > WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, > CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED > THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE > IMMEDIATELY > > > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >

L

lesstevens

Thu, Jul 9, 2015 6:43 PM

In our scenario, none of the tenants were names as defendants, but all leases were either entered into after the mortgage or were self-subordinating to any mortgage placed on the property

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of James Glover
Sent: Thursday, July 09, 2015 2:37 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

We had a recent appeal on a similar issue, and we cited to these cases. Unfortunately, neither directly supports your client's argument.

Redding v. Stockton, Whatley, Davin & Co., 488 So. 2d 548, 549 (Fla. 5th DCA 1986), cause dism’d, 492 So. 2d 1334 (Fla. 1986)

Riley v. Grissett, 556 So. 2d 473, 475-76 (Fla. 1st DCA 1990)

If the tenant is joined as a defendant in the foreclosure and is foreclosed in the judgment, then his/her tenancy is terminated once the foreclosure sale occurs. However, (as appeared in our case) if the tenant is not joined in the foreclosure, then their tenancy survives the foreclosure, unless other equitable factors come into play (Riley).

Hope this helps.

Sincerely,

James

--

James Glover

c: 954.254.0436

e: mailto:GloverJamesR@gmail.com GloverJamesR@gmail.com

Linked-In http://www.linkedin.com/pub/james-glover/21/53/739

On Thu, Jul 9, 2015 at 2:33 PM, Manuel Farach MFarach@richmangreer.com wrote:

Les,

I haven't seen any cases overturning that general principle. Specific facts in individual cases may, however, lead to a different result

Sent from my iPhone

On Jul 9, 2015, at 10:38 AM, lesstevens lesstevens@earthlink.net wrote:

Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797 tel:%28561%29%20989-9797
Fax - (561) 989-8484 tel:%28561%29%20989-8484
E-Mail - lesstevens@earthlink.net

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
V-card http://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

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In our scenario, none of the tenants were names as defendants, but all leases were either entered into after the mortgage or were self-subordinating to any mortgage placed on the property From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of James Glover Sent: Thursday, July 09, 2015 2:37 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases We had a recent appeal on a similar issue, and we cited to these cases. Unfortunately, neither directly supports your client's argument. Redding v. Stockton, Whatley, Davin & Co., 488 So. 2d 548, 549 (Fla. 5th DCA 1986), cause dism’d, 492 So. 2d 1334 (Fla. 1986) Riley v. Grissett, 556 So. 2d 473, 475-76 (Fla. 1st DCA 1990) If the tenant is joined as a defendant in the foreclosure and is foreclosed in the judgment, then his/her tenancy is terminated once the foreclosure sale occurs. However, (as appeared in our case) if the tenant is not joined in the foreclosure, then their tenancy survives the foreclosure, unless other equitable factors come into play (Riley). Hope this helps. Sincerely, James -- James Glover c: 954.254.0436 e: <mailto:GloverJamesR@gmail.com> GloverJamesR@gmail.com Linked-In <http://www.linkedin.com/pub/james-glover/21/53/739> On Thu, Jul 9, 2015 at 2:33 PM, Manuel Farach <MFarach@richmangreer.com> wrote: Les, I haven't seen any cases overturning that general principle. Specific facts in individual cases may, however, lead to a different result Sent from my iPhone On Jul 9, 2015, at 10:38 AM, lesstevens <lesstevens@earthlink.net> wrote: Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance? Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 <tel:%28561%29%20989-9797> Fax - (561) 989-8484 <tel:%28561%29%20989-8484> E-Mail - lesstevens@earthlink.net _____ 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 V-card <http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. _____ ________________________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

RW

Roland Waller

Thu, Jul 9, 2015 7:33 PM

No. The tenant is month to month after the expiration of the lease.

A trespasser entered the property without the consent of the owner.

Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
Roland.Waller@rdwaller.com

[cid:image001.jpg@01D0BA5C.32CABF50]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, July 09, 2015 2:22 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I am not trying to correct anyone just want to known for my own sake. Isn’t a tenant at sufferance a Trespasser? and a person who continues after the term expired a tenant at will (a/k/a a month to month tenant).

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, July 09, 2015 1:49 PM
To: lesstevens@earthlink.net mailto:lesstevens@earthlink.net; 'RPPTL Landlord Tenant Committee'; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work. However, if anyone would know sure, it would be Manny Farach.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744

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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: lesstevens <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Sent: Thursday, July 9, 2015 1:32 PM
Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net mailto:lesstevens@earthlink.net

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

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

No. The tenant is month to month after the expiration of the lease. A trespasser entered the property without the consent of the owner. Thank You, Roland "Chip" Waller, Esquire Waller & Mitchell 5332 Main Street New Port Richey, FL 34652 Office: 727-847-2288 / Fax: 727-848-4183 Roland.Waller@rdwaller.com [cid:image001.jpg@01D0BA5C.32CABF50] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Thursday, July 09, 2015 2:22 PM To: Cary Sabol; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases I am not trying to correct anyone just want to known for my own sake. Isn’t a tenant at sufferance a Trespasser? and a person who continues after the term expired a tenant at will (a/k/a a month to month tenant). From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Thursday, July 09, 2015 1:49 PM To: lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>; 'RPPTL Landlord Tenant Committee'; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work. However, if anyone would know sure, it would be Manny Farach. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 ________________________________ 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. ________________________________ From: lesstevens <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Sent: Thursday, July 9, 2015 1:32 PM Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance? Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

WJ

Walson, James

Thu, Jul 9, 2015 8:00 PM

A tenant at sufferance is a tenant that refuses to return possession of the property following the expiration or earlier termination of the lease and remains without the permission of the landlord. A month to month tenant is a tenancy at will terminable upon 15 days’ notice.

James E. Walson
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive
Orlando, FL 32801
Phone:407-843-4600
Direct:407-418-6403
Fax:407-843-4444
Email: james.walson@lowndes-law.com
Website: www.lowndes-law.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Thursday, July 09, 2015 3:34 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

No. The tenant is month to month after the expiration of the lease.

A trespasser entered the property without the consent of the owner.

Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
Roland.Waller@rdwaller.com mailto:Roland.Waller@rdwaller.com

[cid:image001.jpg@01D0BA5E.941C01E0]

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, July 09, 2015 2:22 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I am not trying to correct anyone just want to known for my own sake. Isn’t a tenant at sufferance a Trespasser? and a person who continues after the term expired a tenant at will (a/k/a a month to month tenant).

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, July 09, 2015 1:49 PM
To: lesstevens@earthlink.net mailto:lesstevens@earthlink.net; 'RPPTL Landlord Tenant Committee'; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work. However, if anyone would know sure, it would be Manny Farach.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744

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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: lesstevens <lesstevens@earthlink.net mailto:lesstevens@earthlink.net>
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Sent: Thursday, July 9, 2015 1:32 PM
Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net mailto:lesstevens@earthlink.net

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

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

This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com

A tenant at sufferance is a tenant that refuses to return possession of the property following the expiration or earlier termination of the lease and remains without the permission of the landlord. A month to month tenant is a tenancy at will terminable upon 15 days’ notice. James E. Walson Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Orlando, FL 32801 Phone:407-843-4600 Direct:407-418-6403 Fax:407-843-4444 Email: james.walson@lowndes-law.com Website: www.lowndes-law.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller Sent: Thursday, July 09, 2015 3:34 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases No. The tenant is month to month after the expiration of the lease. A trespasser entered the property without the consent of the owner. Thank You, Roland "Chip" Waller, Esquire Waller & Mitchell 5332 Main Street New Port Richey, FL 34652 Office: 727-847-2288 / Fax: 727-848-4183 Roland.Waller@rdwaller.com<mailto:Roland.Waller@rdwaller.com> [cid:image001.jpg@01D0BA5E.941C01E0] From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Thursday, July 09, 2015 2:22 PM To: Cary Sabol; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases I am not trying to correct anyone just want to known for my own sake. Isn’t a tenant at sufferance a Trespasser? and a person who continues after the term expired a tenant at will (a/k/a a month to month tenant). From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Thursday, July 09, 2015 1:49 PM To: lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>; 'RPPTL Landlord Tenant Committee'; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work. However, if anyone would know sure, it would be Manny Farach. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 ________________________________ 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. ________________________________ From: lesstevens <lesstevens@earthlink.net<mailto:lesstevens@earthlink.net>> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Sent: Thursday, July 9, 2015 1:32 PM Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance? Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net<mailto:lesstevens@earthlink.net> ________________________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com

L

lesstevens

Thu, Jul 9, 2015 8:09 PM

Thank you all…

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Walson, James
Sent: Thursday, July 09, 2015 4:01 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

A tenant at sufferance is a tenant that refuses to return possession of the property following the expiration or earlier termination of the lease and remains without the permission of the landlord. A month to month tenant is a tenancy at will terminable upon 15 days’ notice.

James E. Walson

Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

215 North Eola Drive

Orlando, FL 32801

Phone:407-843-4600

Direct:407-418-6403

Fax:407-843-4444

Email: james.walson@lowndes-law.com

Website: www.lowndes-law.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Thursday, July 09, 2015 3:34 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

No. The tenant is month to month after the expiration of the lease.

A trespasser entered the property without the consent of the owner.

Thank You,

Roland "Chip" Waller, Esquire

Waller & Mitchell

5332 Main Street

New Port Richey, FL 34652

Office: 727-847-2288 / Fax: 727-848-4183

Roland.Waller@rdwaller.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, July 09, 2015 2:22 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I am not trying to correct anyone just want to known for my own sake. Isn’t a tenant at sufferance a Trespasser? and a person who continues after the term expired a tenant at will (a/k/a a month to month tenant).

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, July 09, 2015 1:49 PM
To: lesstevens@earthlink.net; 'RPPTL Landlord Tenant Committee'; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work. However, if anyone would know sure, it would be Manny Farach.

Cary

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416

Phone: (561) 281-2744

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.

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From: lesstevens lesstevens@earthlink.net
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Thursday, July 9, 2015 1:32 PM
Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net

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[v4.30]

Thank you all… Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ________________________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Walson, James Sent: Thursday, July 09, 2015 4:01 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases A tenant at sufferance is a tenant that refuses to return possession of the property following the expiration or earlier termination of the lease and remains without the permission of the landlord. A month to month tenant is a tenancy at will terminable upon 15 days’ notice. James E. Walson Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Orlando, FL 32801 Phone:407-843-4600 Direct:407-418-6403 Fax:407-843-4444 Email: james.walson@lowndes-law.com Website: www.lowndes-law.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller Sent: Thursday, July 09, 2015 3:34 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases No. The tenant is month to month after the expiration of the lease. A trespasser entered the property without the consent of the owner. Thank You, Roland "Chip" Waller, Esquire Waller & Mitchell 5332 Main Street New Port Richey, FL 34652 Office: 727-847-2288 / Fax: 727-848-4183 Roland.Waller@rdwaller.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Thursday, July 09, 2015 2:22 PM To: Cary Sabol; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases I am not trying to correct anyone just want to known for my own sake. Isn’t a tenant at sufferance a Trespasser? and a person who continues after the term expired a tenant at will (a/k/a a month to month tenant). From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Thursday, July 09, 2015 1:49 PM To: lesstevens@earthlink.net; 'RPPTL Landlord Tenant Committee'; RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work. However, if anyone would know sure, it would be Manny Farach. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 _____ 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. _____ From: lesstevens <lesstevens@earthlink.net> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Sent: Thursday, July 9, 2015 1:32 PM Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases Has anyone heard of any recent cases which would overturn the premise that upon foreclosure of a commercial mortgage, absent an SNDA or self-subordination language, a commercial lease is terminated and becomes month-to-month or tenant at sufferance? Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel. - (561) 989-9797 Fax - (561) 989-8484 E-Mail - lesstevens@earthlink.net ________________________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS). THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30]