[RPPTL LandTen] Security deposits

Thu May 11 08:46:29 PDT 2017

The Creditor has no more rights than the Debtor possessed

Robert M. Schwartz, Esq.

FLORIDA BAR BOARD CERTIFIED REAL ESTATE LAWYER

ROBERT MARC SCHWARTZ, P.A.

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Thursday, May 11, 2017 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security deposits

It does not seem possible that as a result of a garnishment order that they someone could have greater rights than the tenant.  The tenant is not entitled to return of the deposit as landlord holds it for security of its obligations.  

Bob wouldn’t possession act to perfect? 

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Bob Wunker
Sent: Thursday, May 11, 2017 10:50 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Security deposits

While the landlord ought have a security interest in the deposit during the term of the lease, the landlord probably did not obtain a perfected security interest by filing a UCC-1.

Bob Wunker

On Thu, May 11, 2017 at 10:35 AM, David Weisman <David.Weisman at gmlaw.com> wrote:

It seems that during the term of the Lease, the Landlord has a security interest in the SD. After it is returnable, the creditor can get at it.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301   
Phone 954-491-1120 Ext. 1015 <tel:954-491-1120%20Ext.%201015> 
Direct Phone 954-343-6941

David.Weisman at gmlaw.com
www.GMlaw.com

-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Thursday, May 11, 2017 9:51 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Security deposits

Has anyone dealt with a garnishment served on the landlord?  The creditor is trying to grab the security deposit.  I’m not able to find anything saying it cannot be grabbed by the creditor, so I assume it’s free game.

Does anyone have any conflicting insight?

Thanks

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