[CLC-Discussion] Leasehold foreclosure

[Larry Leiby]

Sean is right, and this question is perhaps a little tardy in the time line, but why would one seek to foreclose a lien on a leasehold unless it was a long term lease and the suffering of a lien or judgment allowed for transfer and the premises could be used by the lienor?  I typically seek a judgment recognizing the lien in the amount due plus interest and fees against the tenant (and anyone else who may be responsible).



From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, November 17, 2016 2:17 PM
To: Brian Solomon; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Leasehold foreclosure

The original lessee is probably in breach of the commercial lease which usually provides for acceleration of rents due under the lease.  It will likely depend upon the terms of the lease.

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, November 17, 2016 2:07 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Leasehold foreclosure

Question:

A lessee on a commercial lease does a build-out, doesn't pay the contractor who files a lien but the landlord has complied with 713.10.  The leasehold interest is foreclosed and sold at foreclosure sale.  The purchaser of the leasehold interest thereafter does not pay rent.  Is the original tenant still liable for any unpaid rent?


[BSLawBSolomonBC-page-001 (2)]

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