[RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

[James Glover]

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 at gmail.com
<GloverJamesR at 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 at 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 at 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
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>
>
>    ------------------------------
>
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> Business Litigation by The Florida Bar
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