Kezner v. Landover Corp.

The former owner of a commercial building whose interest has been nonjudicially foreclosed cannot thereafter bring an action to recover past due rent. In this state, unpaid rent is classified as real property for purposes of mortgages and deeds of trust. All interests in real property subject to a mortgage or deed pass to the purchaser at foreclosure. Accordingly, a former owner has no interest in unpaid rent if rent was part of the security granted in a deed of trust because any interest in unpaid rent is part of the bundle of rights passed to the new owner upon foreclosure.

FACTS

After the…