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

[Roland Waller]

No.  The tenant is month to month after the expiration of the lease.

A trespasser entered the property without the consent of the owner.


Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
Roland.Waller at rdwaller.com




[cid:image001.jpg at 01D0BA5C.32CABF50]

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, July 09, 2015 2:22 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I am not trying to correct anyone just want to known for my own sake.  Isn’t a tenant at sufferance a Trespasser? and a person who continues after the term expired a tenant at will (a/k/a a month to month tenant).

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, July 09, 2015 1:49 PM
To: lesstevens at earthlink.net<mailto:lesstevens at earthlink.net>; 'RPPTL Landlord Tenant Committee'; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

I haven't seen any case like that and I follow the foreclosure case updates pretty closely because I do a lot of third party purchaser work.  However, if anyone would know sure, it would be Manny Farach.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
________________________________
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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

________________________________
From: lesstevens <lesstevens at earthlink.net<mailto:lesstevens at earthlink.net>>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Sent: Thursday, July 9, 2015 1:32 PM
Subject: [RPPTL LandTen] Effect of Foreclosure of Commercial Property on Leases

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
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net<mailto:lesstevens at earthlink.net>

________________________________________________________________________________________
OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING.  ALL FUNDS  MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH TRANSFERS).

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY



_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150709/c69cbde8/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 39087 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150709/c69cbde8/image001-0001.jpg>