Empathy List Archives

DW

David Weisman

Fri, Aug 3, 2012 9:03 PM

I have seen a new form floating in from tenant's lenders which is disturbing and I wonder if anyone else has seen this: In addition to a typical Landlord waiver of lien on FFE, the Lender asks that they be allowed to take possession of the premises, rent free, for 30 days. After the 30 days, they agree to pay rent on a per diem basis.

I strike the free occupancy if I can.

Any thoughts or has anyone else encountered this?

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image001.jpg@01CD7199.D6C40D00]

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

I have seen a new form floating in from tenant's lenders which is disturbing and I wonder if anyone else has seen this: In addition to a typical Landlord waiver of lien on FFE, the Lender asks that they be allowed to take possession of the premises, rent free, for 30 days. After the 30 days, they agree to pay rent on a per diem basis. I strike the free occupancy if I can. Any thoughts or has anyone else encountered this? David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 [cid:image001.jpg@01CD7199.D6C40D00] The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

JM

Jeff Mazor

Fri, Aug 3, 2012 9:05 PM

I've seen these before.

Like you, once I see them, I strike them.

If they are concerned, they can keep a cushion out of the money lent.

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: JMazor@Mazor.com

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Friday, August 03, 2012 5:04 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Landlord's Waiver of Lien

I have seen a new form floating in from tenant's lenders which is disturbing
and I wonder if anyone else has seen this: In addition to a typical Landlord
waiver of lien on FFE, the Lender asks that they be allowed to take
possession of the premises, rent free, for 30 days. After the 30 days, they
agree to pay rent on a per diem basis.

I strike the free occupancy if I can.

Any thoughts or has anyone else encountered this?

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

Email Logo -Resize 30

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have received this communication in error, please notify us immediately by
reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any
information you provide will be used for that purpose if we are attempting
to collect a debt from you.

I've seen these before. Like you, once I see them, I strike them. If they are concerned, they can keep a cushion out of the money lent. Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Phone: 954-962-3500 Fax: 954-962-3560 Email: JMazor@Mazor.com -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Friday, August 03, 2012 5:04 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Landlord's Waiver of Lien I have seen a new form floating in from tenant's lenders which is disturbing and I wonder if anyone else has seen this: In addition to a typical Landlord waiver of lien on FFE, the Lender asks that they be allowed to take possession of the premises, rent free, for 30 days. After the 30 days, they agree to pay rent on a per diem basis. I strike the free occupancy if I can. Any thoughts or has anyone else encountered this? David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 Email Logo -Resize 30 The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

DD

Drobner, David S.

Fri, Aug 3, 2012 9:10 PM

I've seen this effort repeatedly for many years in commercial retail especially for majors, anchors, nationals and public companies doing financing - lots of awful over-reaching stuff. I strike ALL occupancy rights - typically it is a collateral assignment of personalty, not the leasehold estate (not that a LL has agreed to anyway). Huge issues in retail if you let the lender walk in and have possession rights. Want to avoid liability/lack of operation issues, fire-sale situations, and lack of adequate indemnity and insurance coverage among many things to worry about.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Friday, August 03, 2012 5:04 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Landlord's Waiver of Lien

I have seen a new form floating in from tenant's lenders which is disturbing and I wonder if anyone else has seen this: In addition to a typical Landlord waiver of lien on FFE, the Lender asks that they be allowed to take possession of the premises, rent free, for 30 days. After the 30 days, they agree to pay rent on a per diem basis.

I strike the free occupancy if I can.

Any thoughts or has anyone else encountered this?

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[Email Logo -Resize 30]

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have

received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it

cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

I've seen this effort repeatedly for many years in commercial retail especially for majors, anchors, nationals and public companies doing financing - lots of awful over-reaching stuff. I strike ALL occupancy rights - typically it is a collateral assignment of personalty, not the leasehold estate (not that a LL has agreed to anyway). Huge issues in retail if you let the lender walk in and have possession rights. Want to avoid liability/lack of operation issues, fire-sale situations, and lack of adequate indemnity and insurance coverage among many things to worry about. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Friday, August 03, 2012 5:04 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Landlord's Waiver of Lien I have seen a new form floating in from tenant's lenders which is disturbing and I wonder if anyone else has seen this: In addition to a typical Landlord waiver of lien on FFE, the Lender asks that they be allowed to take possession of the premises, rent free, for 30 days. After the 30 days, they agree to pay rent on a per diem basis. I strike the free occupancy if I can. Any thoughts or has anyone else encountered this? David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 [Email Logo -Resize 30] The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

NB

Neil B. Shoter

Fri, Aug 3, 2012 9:12 PM

David, I have seen a few lenders try to get away with "taking" possession either free for time and then on payment of rent for 30-60-90. I would just try to knock this out or at most give them a very short window to remove their property.

[cid:image002.jpg@01CD719B.1CAD6E50]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Friday, August 03, 2012 5:04 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Landlord's Waiver of Lien

I have seen a new form floating in from tenant's lenders which is disturbing and I wonder if anyone else has seen this: In addition to a typical Landlord waiver of lien on FFE, the Lender asks that they be allowed to take possession of the premises, rent free, for 30 days. After the 30 days, they agree to pay rent on a per diem basis.

I strike the free occupancy if I can.

Any thoughts or has anyone else encountered this?

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image003.jpg@01CD719B.1CAD6E50]

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have

received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it

cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

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.

David, I have seen a few lenders try to get away with "taking" possession either free for time and then on payment of rent for 30-60-90. I would just try to knock this out or at most give them a very short window to remove their property. [cid:image002.jpg@01CD719B.1CAD6E50] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Friday, August 03, 2012 5:04 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Landlord's Waiver of Lien I have seen a new form floating in from tenant's lenders which is disturbing and I wonder if anyone else has seen this: In addition to a typical Landlord waiver of lien on FFE, the Lender asks that they be allowed to take possession of the premises, rent free, for 30 days. After the 30 days, they agree to pay rent on a per diem basis. I strike the free occupancy if I can. Any thoughts or has anyone else encountered this? David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 [cid:image003.jpg@01CD719B.1CAD6E50] The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you. _____________________________________________________________ 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.

DW

David Weisman

Fri, Aug 3, 2012 9:16 PM

Thank you, gentlemen.

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image001.jpg@01CD719B.ABA77380]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, August 03, 2012 5:12 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Landlord's Waiver of Lien

David, I have seen a few lenders try to get away with "taking" possession either free for time and then on payment of rent for 30-60-90. I would just try to knock this out or at most give them a very short window to remove their property.

[cid:image002.jpg@01CD719B.ABA77380]