PALM BEACH, Florida - April 26, 2009 - When attorney Malcolm Cunningham, Jr. heard that the Palm Beach Mall had been sued for foreclosure, he didn't know whether to laugh or cry. "Oh no! Oh my gosh. You have got to be kidding me!"

The foreclosure of the storied West Palm Beach shopping center has stunned a number of professionals in the community. Some are wondering generally about the future of the area's retail market, while others have a more personal stake in the filing.

Cunningham, for instance, represents a small business owner who has waged a long battle with mall owner Simon Property Group to honor a lease. Simon has unsuccessfully sought to evict the tenant, Players of Palm Beach, which voluntarily closed its shop at the mall in February.

Upon hearing of the $55 million foreclosure lawsuit just filed against the Palm Beach Mall, Cunningham could only note the irony. "They have chosen not to pay their debt, but at the same time they have sought to evict people when, in fact, no basis exists for evicting them," said Cunningham.

Cunningham also lamented the timing. He recently spent six hours over two days in court building a case for his attorney’s fees, estimated to be $185,000. A judge has ruled Cunningham is entitled to recover his fees from Simon. Now Cunningham may never see the money.

"The foreclosure means I'm not going to get a judgment lien against that property, and I'm not going to get paid," he said.