We have a claim in escrow for a debtor with multiple locations. Can we claim the balance for all of their stores since the seller is the same owner, or can we only claim the balance owing on the store being sold?
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Posted 2 years ago #
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Debra--
I think you would probably be restricted to a claim only against the property in escrow. My justification is that, when filing a lien, a claimant may only make claim for whatever materials or improvements were made against *that* property, regardless of any other claims against the owner of that property which do not relate to the specific property in question.
One exception might be possible if you have a judgment against the seller outside of the lien process, say in case of fraud or civil liability related to the seller as a whole. A claim in bankruptcy may also be an exception.
You should check my line of reasoning with your corporate counsel, just to be sure, but I'm fairly confident that you wouldn't be able to.
Posted 2 years ago #
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