Can lenders collect rents without possession? Recent First District opinion calls well-settled answer “no” into question
By Thomas M. Lombardo
Commercial Banking, Collections, and Bankruptcy,
October 2014
One of the first things someone learns when they get involved in commercial real estate foreclosures is that a lender cannot enforce an assignment of rents unless it first obtains some form of “possession.” The First District, perhaps unintentionally, called this well-settled possession requirement into question on July 23, 2014 with its decision in Urban Partnership Bank v. Winchester-Wolcott, LLC, et al.
Spot an error in your article? Contact Sara Anderson at sanderson@isba.org. For information on obtaining a copy of an article,visit the ISBA Newsletters page.
Select a Different Author