OK, here's the scenario... (tenant, foreclosure, mortgage, mortgage)

[gentlearts]

Successful restaurant paying mucho bucks every month to the owner of the building.
Owner of the building cashes the checks, but never pays the mortgage payments to the bank.
Successful restaurant owner hoping to buy the building at the eventual foreclosure (owner has fixed an unrealistic asking price).
Is there anything the restaurant owner can do to cement his position? I don't know how far behind the owner is, or if forclosure proceedings are close, or not.

[chet everett]

NO. Undoubtedly the landlord has some really messed financial situation, but there is not a lot the tenant can do about that.

Lender will maybe appreciate knowing that tenant has been cutting checks for rent, and if the market says the value of the space is similar to the payments that might be represented by rent that could be useful data, but lender will want AN ALL CASH DEAL and if restaurant owner is willing to find a way fo get this thing financed it would be a lot of leg work. My experince with lenders that finance commercial real estate is that they are not the same kind of people that back restuarantuers...

[peachstatehomegal]

Next time restaurant owner signs a lease, put some kind of stipulation in there that restaurant owner can see proof that mortgage payments are being made!