BRE DDR BR Whittwood CA LLC v Farmers & Merchants Bank (2017) 14 CA5th 992 (Commentary)

Real Property Law Reporter (Vol.40, p. 141 - 142, Nov. 2017)

3 Pages Posted: 8 Mar 2018

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Date Written: November 2017

Abstract

After a shopping center tenant (Tenant) defaulted on a secured loan, Lender took possession of the premises through foreclosure. Shortly thereafter, Lender transferred its interest to Third Party, who later stopped paying rent and surrendered the premises. Landlord sued Lender and Third Party to enforce the lease obligations, including payment of rent for the full term of the lease. The trial court entered judgment in favor of Landlord against Lender, reading the lease and the foreclosure documents to impose contractual obligations on Lender when it purchased the leasehold estate.

Keywords: Subordination, Leasehold Mortgages, BRE

Suggested Citation

Bernhardt, Roger, BRE DDR BR Whittwood CA LLC v Farmers & Merchants Bank (2017) 14 CA5th 992 (Commentary) (November 2017). Real Property Law Reporter (Vol.40, p. 141 - 142, Nov. 2017). Available at SSRN: https://ssrn.com/abstract=3132614

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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