Here’s the situation:
My old man used to run his own company, and they had a mortgage on their commercial property. Most of it was paid off, but things were getting messy with debts piling up, so there was this constant fear the bank would just seize the whole building.
I’m also running my own business, and since I was partially leasing space in that same building, I decided to step in. I figured I’d take out a loan to buy the property from my dad’s company—that way, he could clear his debts to the bank and all his other creditors.
That happened back in 2010. The only way to pull it off was to have a leasing company buy the property and then immediately lease it back to me through a financial lease agreement. The contract basically says the buyer (the leasing firm) is purchasing the property specifically to lease it to the co-signer—which is me—and everyone involved agrees the buyer will hand over possession.
So, yeah, I got the funds from the leasing company, funneled them straight into my father’s company to wipe out his debt, and the paperwork clearly states the leasing firm is the owner and bought it just to lease it back to me.
Payments were steady until about a month ago. Right now, I’ve got an overdue balance with the leasing firm, though I am chipping away at it.
It wouldn't be such a mess if the leasing company wasn't foreign-owned. Their parent company decided to liquidate all its US branches this year, and those proceedings are happening right now.
Since I can't keep up with the payments under the current terms, they're threatening to terminate the contract.
What I really need to know is how fast this whole thing moves once a contract gets terminated. I guess if I don't keep paying, my business accounts—and my personal ones, too, since I signed a personal guarantee—will probably get frozen pretty quickly. If that happens, I'm done. I can't run a business with frozen accounts.
But the big question is: what’s the legal deadline for me to vacate the property if they actually cancel the lease?
The place houses entire production lines, so I’d definitely need at least a month to move everything out. What kind of leverage do I actually have?
The remaining debt is around $270,000. I actually heard from one of their employees that there might be a chance to write off maybe 5% of it if I can somehow cough up the full amount right away.
The property is valued at roughly $630,000, but that doesn't help much. I’ve already tried selling it, even dropping the price down to $325,000 just to clear the debt and get this weight off my company and my own shoulders, but nothing stuck.
I have some personal assets I could potentially sell, but to move them fast enough, I’d have to sell way below market value, and even then, it wouldn't even cover half the debt.
Time is running out. I'm running out of ideas, and honestly, I'm starting to prepare for the possibility of losing it all. But seriously, how long does it legally take for them to evict me and lock the doors?
It sucks because my brother and I run this business together in that building, and things aren't even bad. It’s just these leasing obligations that are eating us alive. We can't keep working ourselves to death just to pay for something we might end up losing anyway in a year or two.