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

Mon Jan 30 08:51:59 PST 2012

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

Best Regards,

Gisela 

  <http://www.hugheshubbard.com/> 

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

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

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

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

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

________________________________

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

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

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

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

________________________________

From: landten-bounces 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
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney at slk-law.com
www.slk-law.com <http://www.slk-law.com/>  

________________________________

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

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

**********************************************************************
This email and any files transmitted with it may contain privileged or confidential information. Use, disclosure, copying or distribution of this message by anyone other than the intended recipient is strictly prohibited. If you have received this email in error please notify the sender by reply email and destroy all copies of this message in your possession, custody or control.
**********************************************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120130/a052bbd0/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14440 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120130/a052bbd0/attachment-0003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 572 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120130/a052bbd0/attachment-0004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 602 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120130/a052bbd0/attachment-0005.jpg>