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ARTICLE · 03 SEPTEMBER 2024

Specific Assignment Of Lease

Gardiner Roberts LLP
Gardiner Roberts LLP
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Commercial real estate mortgage lenders in Ontario require a comprehensive security package to safeguard their investment. One critical component of this package is the assignment of leases.

CanadaReal Estate and Construction

Commercial real estate mortgage lenders in Ontario require a comprehensive security package to safeguard their investment. One critical component of this package is the assignment of leases. There are two types of lease assignments: a general assignment and a specific assignment. Understanding the distinction between these and the unique advantages of a specific assignment of a commercial lease is essential for lenders.

What is a Specific Assignment of a Commercial Lease?

A specific assignment of a commercial lease is a legal agreement in which a borrower (the landlord) transfers its rights to a particular commercial lease or leases to the lender as collateral for a loan. This assignment gives the lender the right to collect rents directly from the tenant(s) in the event of the borrower's default. It is distinct from a general assignment of leases, which assigns all current and future leases related to the property.

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