The court is asked to hear arguments denying Plaintiffs claims to a lawful foreclosure on ground the liquidation of the estates value over 10 years requires the court to decide a punitive tax upon reconstituting the lost or abandonment asset.
The fact is most commercial leases are written against chattel that converts at installation into real property or machinery that at the and of a 10 years term is fully amortized down to zero. The vendor sells the asset to the creditor who is return his investment as 20 semi annual installments.
Furniture fixture and other equipment that is attached to real property become real property . So how can these high ticket items sell on a lease versus a mortage . After all dont you turn a car in at the end of five years ?
In these instances a capital lease agreement or commercial lease covers the cost basis in the asset sold or in this case leased. At the end of ten years the lessor will seek to have the lessee exercise his right of reversion for a nominal value such as $100. In a recent bankruptcy Ch 7 case in White Plains New York I was allowed to appear as the filers accountant. The court explained to me that my analysis failed as just what I am describing here – a lease and not a mortgage.
My response was asked then why did the home sell for $100. Homes do not sell for $100 and this is called the right of repurchase value at a nominal value.
If the Creditor desires to take back the asset after the end of the term he does what is known as a repossession. Typically the lessee will claim the lessors abandonment for walking away and seek permission to recover possession. If the lessors or creditor here is looking to recover his asset leased by vendor and assigned back he may seek a court ordered entry for judgement to establish the value of the article to be repossessed.
If I were a banker or any one of the interested parties I would thank my bad karma that the majority or Americans cannot calculate a mortage to the date prior to the term for the life loan. Better yet few rarely know how to calculate a commercial lease.
Beware of terms used like repossession installments and abandonment – lease terms .