[RPPTL LandTen] Applicability of 713.10 lien prohibition protection to successor owners/landlords

[Manuel Farach]

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


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

Good morning, all -

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

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

Thanks,
Gregory




Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
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ghaney at slk-law.com
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