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Fort Lauderdale, Florida 33301
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Schecter Law

Posts Tagged ‘Commercial’

Lease Commercial Real Estate in South Florida

August 18th, 2010

By Mark Schecter | No Comments »

officebuildingAre you thinking about leasing office space, a storefront or warehouse? You are in good company.

Many businesses are foregoing large purchases and deciding to lease instead.

The good news is there is a lot of prime real estate for you to choose from.

Finding the “Right” Property to Lease

The real estate market in Florida is over-saturated with all types of commercial properties.

You can find great bargains but there are 3 things you need to consider before you kick off your search.

1.    Budget

What you can afford will determine the location and type of property you can lease. If you set your budget before you start searching, you will know (and can focus on) what is available to you.

2.    Location

Consider your customer base when considering locations that may be a good fit for your business.

Ask yourself:

  • Is this location suitable for my business?
  • Is this location convenient for my customers?
  • Is this location convenient for my staff?

3.    Type of Commercial Real Estate

Consider the needs of your customers and employees, then decide what type of property you want to lease. A warehouse, storefront or office space?

Finding the “right” property takes time. Knowing what you want and how much you can afford will speed up the process.

Need help finding (and securing) a property for your business? Give us a call today – (954) 779-7009.

3 Reasons to Buy a Pre Foreclosure Property

August 11th, 2010

By Mark Schecter | No Comments »

pre-foreclosureA pre foreclosure is a property that is only steps away from being repossessed by the mortgage lender.

While the foreclosure process is ongoing, the homeowner is allowed to live in the home and make decisions to sell the property.

In most cases, if the homeowner is willing and able to bring his mortgage current, the lender is eager to stop the proceedings and allow him an opportunity to stay in the home.

However, sometimes the owner cannot afford to keep the property and must sell as quickly as possible.

Here’s why you may want to consider buying pre-foreclosure:

Price

Pricing is a major benefit when it comes to buying pre-foreclosures. Because the homeowner is forced to sell the property to prevent losing it, he or she are more inclined to consider prices that are substantially lower than the property’s actual value.

It is not unusual to find a pre-foreclosure property at half (or less than half) of its value.

Timing

Florida’s real estate market is saturated with a huge supply of pending foreclosures.

If you are able to get a loan, now may be a great time to buy prime, upscale real estate as homeowners continue to drop prices.

Negotiate with Property Owner

You can negotiate directly with the property owner when you’re buying a pre-foreclosure. This gives you an advantage.

You have leverage to negotiate a good deal and the homeowner has an incentive to sell the property fast to prevent losing it to the mortgage company.

Find Pre Foreclosures

You can start your search for pre-foreclosures in the same places you would look for other properties.

Search the Internet. Browse the local newspapers. Visit the foreclosure courts in and around your county.

If you need help locating pre-foreclosures, call 954-779-7009 or email our  real estate lawyers today.

Florida Title Examinations and Title Insurance FAQ

July 19th, 2010

By Mark Schecter | No Comments »

title insurance

What is a title?

A title legitimizes your ownership rights in a property. If the title is free of any blemishes, it’s considered a “clear title.” If inconsistencies or other problems are found, the title may be deemed defective.

What is a title examination?

Before you buy any real estate, it is imperative that you have a thorough title examination performed. This will allow you to confirm you are buying a property that has a clear title that can be conveyed without difficulty.

A title examination also reveals the history of ownership (known as the “chain of title”) for the property. Each time a Florida property is sold, the purchase is recorded as public record in the county court. The chain of title will reflect every time the property was bought or sold.

Can a title be transferred from one person to another?

Yes. There are several ways a title to a property can be transferred. Most often, a written deed is used to change ownership from one person to another. Other ways a transfer can take place is through inheritance, a court order, and a will.

What is title insurance?

Title insurance is an insurance policy that protects the real estate buyer and the mortgage holder against loss caused by defective titles, liens, or encumbrances. Most mortgage lenders in the United States require the buyer to purchase a title insurance policy that will protect the lender’s interests in real estate loans.  A title insurance policy will cover the property indefinitely – until the ownership changes.

Who needs title insurance?

Title insurance protects both the property buyer and lender from liabilities that can stem from a defective title. However, federal law – specifically the Real Estate Settlement Procedures Act (RESPA) – establishes that the buyer has a legal right to pick a company to insure the title.

Our Florida real estate attorneys routinely provide title examination and title insurance for residential and commercial clients. This includes an extensive search of the public records to confirm there are no adverse claims or other defects in the property’s title.

Contact our real estate lawyers today to protect your commercial and residential property. You can use this form to email or call us at (954) 779-7009.

How to Deal with Foreclosure Threats from Lender

May 26th, 2010

By Mark Schecter | No Comments »

If your mortgage has been in default for months, it is likely your lender is taking steps to foreclose on your property.

You may already have a stack of threatening default notices waiting to be opened.

If you have any desire to save your property, you have to get those notices opened and deal with the foreclosure threats right away.

1. Do your research.

Educating yourself about the alternatives to foreclosure is one of the most important things you can do.

You may have time to bring the default mortgage current before the lender actually starts the foreclosure proceedings.

There are likely other options available to you as well, including a loan modification, bankruptcy or short sale.

2. Communicate with the lender.

It is imperative that you keep the lines of communication open with your mortgage lender.

Stop ignoring the default notices and accept their telephone calls.

Keep the lender informed of changes in your business that is affecting your ability to pay the mortgage.

3. Ask for help

Mortgage lenders will sometimes go out of their way to help you.

They do not want to deal with a costly, time-consuming foreclosure anymore than you do.

They can agree to modify your loan, lower your monthly payments, or accept a short sale.

There is no guarantee these tips will save your commercial property from foreclosure. (Sometimes there are circumstances beyond your control that make it inevitable.) But they will definitely get you moving in the right direction.

You may also want to read – Get Help from your Mortgage Lender – for more tips regarding foreclosure.

Commercial Property Investments in Florida

May 19th, 2010

By Mark Schecter | No Comments »

In the past few years, Florida’s foreclosure rate has increased drastically and now sits at historic highs. Commercial properties in prime locations remain vacant as builders and property owners drop their prices and offer incentives to attract potential buyers.

Before you invest in a commercial property, it is important that you understand how they differ from residential property investments.  Here are a few facts you’d want to know:

1.    The value of a commercial property is based primarily on the square footage of space available for use.

2.    A commercial purchase may require a heftier down payment. If you plan to invest, you may be asked to come up with a down payment that is roughly thirty percent more than a residential property.

3.    Commercial foreclosures can be ideal for investors. There are several commercial properties that are either facing foreclosure or have been foreclosed on. The banks are eager to sell as they do not want to hold on to commercial properties any longer than.

4.    A commercial property can provide more stability and monthly income than one single-family residential investment. Lets compare the investments of two gentlemen – Mr. A and Mr. B:

Mr. A owns a small office building located in a middle class community. Mr. B owns a beautiful Victorian style home located in a prominent area of town. Mr. A’s office building is at full capacity with 10 tenants. Mr. B’s home is occupied by a nice family.

What if each of the gentlemen lost a tenant?  Mr. A would lose only ten percent of his monthly rental income, while Mr. B would lose 100% of his if the single family decided to vacate the premises.

Investing in commercial real estate, can be financially rewarding for you and can give your real estate portfolio the diversity it needs. Hire a Florida attorney that will help you research potential commercial property investments and hold your hand throughout the purchase process.

The commercial real estate attorneys of Schecter Law have experience helping investors purchase office buildings, warehouses, shopping malls and multi-family apartment complexes that can result in a good return on investment for you.

Property Investors Buy Foreclosures in Broward County

May 5th, 2010

By Mark Schecter | 1 Comment »

notice-foreclosure-mdRealtyTrac is an online resource that provides information on foreclosures in Broward County, Florida and throughout the US.

According to recent statistics, real estate sales are up in Broward, mainly in the Fort Lauderdale area. In March 2010, approximately 3200 properties were sold; compared to 2200 in February. And, the average property price of $143,000 is up from $137,000 in the previous month.

Despite the increase in real estate sales, Broward County’s commercial (and residential) markets remain saturated with vacant foreclosures and unbeatable deals. Most of these deals can be found in Fort Lauderdale, the largest incorporated city in the county.

If you are a property investor looking to buy a property in foreclosure, Fort Lauderdale is a good place to start your search. But before you invest any capital, you should understand the foreclosure process so you can catch the properties with the best deals.

There are 3 steps that occur during the foreclosure process:

Pre-Foreclosure: During this period, the property owner is behind on mortgage loan payments but no legal action has been taken to start the foreclosure process. At this time, the property owner is more inclined to consider offers to avoid foreclosure and save their credit rating.

Notice of Default:
This is the first step that initiates the foreclosure process.

Sale: If you fail to prevent the foreclosure, the lender will eventually be able to take the property. The length of time the process takes to complete is determined by the state you live in.

In Florida, once a judgment is reached the foreclosure sale is scheduled to take place on the courthouse steps. In some states, the property owner may be given an opportunity to get the property back. This is known as the redemption period, but is not applicable in Florida.

Buying commercial foreclosures and other real estate is a complex and tedious process. Our Fort Lauderdale real estate lawyers can help you navigate the purchase process and find the right property for you. Contact us today to start your search for commercial foreclosures.

Buying foreclosures and other real estate is a complex and often tedious process. The Fort Lauderdale real estate lawyers of Schecter Law can help you navigate the purchase process. Contact us today to start your search for commercial foreclosures. You can use this form to email or call us at (954) 779-7009.

How to Get Help from your Mortgage Lender

April 23rd, 2010

By Mark Schecter | No Comments »

If you are a commercial property owner in default and facing foreclosure, you may consider your mortgage lender the last place to turn for help.

The fear of asking for help and being rejected is understandable. But if you give it a try, you may get a response you do not expect.

Indeed, the very first step to getting the help you need is to ask for it.

But before you pick up the phone, spend some time preparing for your conversation with the lender.

Consider what you will say and the type of help you will ask for.

  • How has your business changed since you obtained the mortgage?
  • What are your monthly income and expenses?
  • Can you afford a smaller loan payment?
  • Do you want to modify the mortgage and/or lower the interest rate?
  • Do you want to sale the property? Perhaps a short sale?

These are all questions you may be asked at one point or another. Take time to prepare yourself because you may be offered more help than you expect.

Keep in mind, the lender would rather help you avoid foreclosure and keep your property.

Want more tips? Make sure you subscribe to our blog to get future updates.

You can always email our real estate lawyers with questions you have, or give us a call at (954) 779-7009 to schedule a consultation.

Basic Facts about Leasing Commercial Office Space in Florida

April 1st, 2010

By Mark Schecter | 1 Comment »

Fort Lauderdale businesses are choosing to lease commercial office space at an increasing rate. While some purchase commercial real estate, more and more businesses are opting to become tenants.

Finding a commercial office space

The process of finding a commercial office space to lease is similar to finding a home. Throughout Florida, there are several office spaces vacant and ready to be leased in prime locations.

You should begin your search for a property that meets your criteria. Once you find a property that’s suitable for your business, you can negotiate the lease terms with the landlord. It’s important to approve of the terms before you sign a binding lease that confirms the agreement with the landlord.

What is a commercial lease agreement?

A commercial lease agreement is a legally binding and enforceable agreement that specifies the terms of a lease arrangement. The lease duration can range from month-to-month to multiple years.

Generally, a commercial lease will name the landlord, tenant and any other parties of the agreement, the duration of the term, monthly rent and other obligations of both parties, and it can be structured in many ways.

Usually, on the last day of occupancy your lease is terminated if no other agreements between the landlord and tenant exist.

If the lease term is year-to-year or month-to-month, it’s considered a periodic tenancy, which means it automatically renews at the end of the lease period.  Your lease will not terminate and will continue to renew indefinitely.

Terms of a commercial lease

The terms of a commercial lease, although often similar, can vary depending on the agreement between the landlord and tenant.

Under some lease agreements, the utilities are included in the rental amount. In other situations, they are not and the tenant is responsible for paying the utilities, in addition to the rent they agreed on.

Unlike a simpler residential transaction, commercial leases can be complex and may require you to come up with a substantial amount of money. It is imperative that you fully understand the terms that are expressed.

Before your business leases office space in Fort Lauderdale, you should hire an attorney to guide you through the commercial lease process.

Are you a Commercial Tenant Dealing with Foreclosure?

February 24th, 2010

By Mark Schecter | No Comments »

We all know the foreclosure rate in Florida has hit an all time high in the commercial and residential real estate markets. We see it in the news coverage, hear it over the radio, and read it in magazines and newspapers throughout the state.

But, what does this mean for you?

How Foreclosure Affects Commercial Tenants

While there are several commercial property owners that outright own their real estate; there are others that lease their space. When the property owner is unable to pay his/her mortgage loan and later loses the commercial property to foreclosure, the tenant is usually left suffering and in search of a new location.

The media coverage focuses primarily on how property owners are affected by foreclosures, and not as much on the tenants that lose out in the process.

If you lease commercial (or residential) property in Florida, you should be aware of your rights as a tenant of any property facing foreclosure.

Notification of Foreclosure Proceedings

In many situations, the tenant is the last to hear the commercial property is facing foreclosure, and you may be left wondering where you stand and where you can turn to discuss your options.

In some states, a valid eviction (even after foreclosure) requires that the property owner is notified in writing before an eviction takes place. Where you live will determine how much time you are granted to vacate the property. The time frame can range from weeks to a month, so it is important that you consult a Florida real estate attorney in your area as soon as possible.

Are you a commercial tenant dealing with a foreclosure issue? If so, contact our South Florida real estate attorneys today.

Florida Bank Closures Due to Real Estate Market?

October 15th, 2009

By Mark Schecter | No Comments »

As the US economy shows signs of recovery on one hand, the banking industry is still suffering on the other. South Florida is only one of several areas throughout the U.S. that is dealing with small and large bank closures due to ailing commercial and residential real estate markets.

Since January 2009, more than 103 banks in the United States have failed; many of which ceased operations and closed their doors overnight. To make matters worse, it has been speculated there are several other banks – possibly hundreds – that are struggling every day to stay afloat and remain viable throughout this banking crisis recovery.

In recent days, the Federal Deposit Insurance Corp reported that three (3) banks in Florida had failed:

  • Partners Bank of Naples, Florida
  • Hillcrest Bank of Naples, Florida
  • Flagship National Bank of Bradenton, FL

Collectively, these banks reported $341.7 million in assets and $322.4 million in deposits.

It has been estimated the deposit insurance fund will lose nearly $120 million due to the three bank failures mentioned above. However, although the banks are suffering huge losses, most account holders’ money is safe in that the FDIC guarantees up to $250,000 on each account.

Experts agree the US has not seen bank failures of this magnitude since 1992 when several banks closed as a result of the Savings and Loan Crisis.

Many believe the current bank closures are primarily a result of failed mortgages in the commercial and residential real estate markets. They are probably correct. The Florida real estate market is no stranger to residential and commercial foreclosures, declining home prices, low demand, and high supply.

We likely have not witnessed the end of bank closures in South Florida. In the third quarter, three local banks fell into the “significantly undercapitalized” category, which means their capital ratios are low enough to warrant regulatory action. Those banks are Sun American Bank, Premier American Bank, and Republic Federal Bank. Unfortunately, these banks are not alone. Several other South Florida banks reported undercapitalization at the end of the third quarter.

Despite the seemingly constant barrage of negative information we hear about the banking crisis, there has been progress made and there may be more good news on the horizon for small banks.

The Obama administration recently announced it would provide funds from the $700 billion financial bailout to banks at low interest rates in exchange for them agreeing to increase their lending to small businesses. And, if it’s a bank servicing small businesses in low-income urban and rural areas, funding will be provided at an even lower rate. If you are an entrepreneur or small business owner seeking funding from lenders, relief may be on the way.