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Posts Tagged ‘Real Estate’

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.

South Florida Real Estate News: Week Ending February 13

February 13th, 2010

By Mark Schecter | No Comments »

Can Court Ordered Mediation Reduce the Foreclosure Rate?

According to recent statistics released by the Florida Supreme Court, foreclosures in the Tri-County area are on the rise. In 2009 alone, more than 143,000 home mortgages fell into default. Since then, foreclosures are up 13.2%.

The Miami and Fort Lauderdale areas were among the top 10 locations in Florida with the highest foreclosure rates. Another report released recently, also indicates Florida has the second highest foreclosure rate in the nation. This means that this problem may be affecting the local economy statewide.

So, what’s being done? In a word, mediation.

Due to overwhelming number of foreclosure lawsuits, Supreme Court Chief Justice Peggy A. Quince ordered every circuit court in Florida to create a mediation program to put in place for individuals involved in the foreclosure process. This is an effort to resolve disputes between owners and lenders without the need for a long, drawn out litigation process.

Prior to participating in mediation, homeowners will be required to undergo foreclosure counseling. This allows them an opportunity to get a better understanding of what they should expect in the process. The new mediation rule may significantly reduce the burdens felt by the borrowers and the courts, and have a positive impact on the foreclosure rate in Florida.

Read more here

Florida Condos Target Delinquent Owners

Many condominium owners in South Florida are growing tired of neighbors that refused to pay maintenance fees and maintain their properties, but still get to enjoy the same amenities as owners that timely pay the fees they’re responsible for.

While associations are on the hook to pay their bills, delinquent owners are able to watch free cable TV paid for by the association, elect board members and even collect rent from tenants without forwarding a dime to the association they owe money.

There seems to be a general consensus among the condominium owners that struggle to make sure all of their fees are paid in full, and that’s delinquent owners are taking advantage of the condo associations. And, this is not fair to those struggling every month to pay their share to the associations.

As a result of this growing concern, two bills are on the table to stop condo owners from neglecting their obligations. Those bills are:

  • House Bill 329 – This bill is specifically designed for condo associations, and is sponsored by Rep. Julio Robaina.
  • Senate Bill 1196 – This bill is designed to address condo and homeowner associations, and is sponsored by Senator Mike Fasano.

If these two bills are passed, the law will be amended to limit the amenities delinquent condo owners receive, and assess strict sanctions on people that fail to stay on top of their payments.

The restrictions that will be put in place could prevent delinquent owners and their tenants from accessing the swimming pools, clubs, etc, and also take away their right to vote at board elections. Most condo owners welcome the Senate and House bills and are happy to see something being done to curb this delinquent behavior.

Read more here

South Florida Real Estate News: Week Ending February 6

February 6th, 2010

By Mark Schecter | No Comments »

We are kicking off a weekly “In the News” series in which we will provide you with a brief overview of some of the top on and offline stories affecting the South Florida real estate market.

If there is a topic or story you’d like for us to discuss, please submit the story here.

Court Rules in Favor of Homeowners Association

A much anticipated victory was won by the Association Law Group of Miami on behalf of the Keys Gate Homeowners Association. The reverse foreclosure, as it is referred to, is designed to basically speed up the actions in which a bank is awarded a property. Because of this ruling, the bank will be responsible for the fees and maintenance associated with vacant and occupied properties.

BankAtlantic Seeks Foreclosures in Tivoli Lake

BankAtlantic, a Fort Lauderdale based bank, recently filed a foreclosure lawsuit against managing partners of the Tivoli Lakes subdivision in Palm Peach Circuit Court. The concerns an unpaid loan of $14.3 million and 11 properties that remain vacant and unsold in the subdivision; ranging from $250,000 to nearly $600,000 in price.

Foreclosure Judgment Against Palm Beach Mall

In April 2009, a foreclosure lawsuit was filed against Palm Beach Mall. On January 20, 2010, a judgment was rendered against the mall due to its failure to dispute or defend the foreclosure action. While the future of the mall is uncertain, it is scheduled to be included in an online auction on March 4, 2010.

Read more about all of these stories at South Florida business journal.

What is a Pre Foreclosure?

January 26th, 2010

By Mark Schecter | 1 Comment »

We have discussed the benefits of purchasing commercial and residential foreclosures in South Florida on this blog before. Today, we will discuss pre foreclosures and how they may be a good option for both commercial and residential buyers.

What is a Pre Foreclosure?

A pre foreclosure is a property that is near the end of the foreclosure process and is only steps away from being taken by the lender. Until the process is complete, the property owner can continue to reside in the home and make other decisions regarding the home as it remains in their possession.

In most situations, if a property owner is willing and able to bring their mortgage arrearage current prior to completion of the foreclosure process, the lender is more than happy to cease the proceedings and allow the owner an opportunity to keep their property. However, there are situations where the owner cannot afford to keep the property and must sell quickly.

How to Find Pre Foreclosure Properties

You can begin your search for pre foreclosures in the same places you would look for foreclosed properties. Check the local newspaper, the Internet and contact the mortgage lenders directly. When you compare foreclosed properties with pre foreclosed properties, you may find that there is less competition involved with pre foreclosures.

Need help navigating the real estate purchase process? Contact the real estate lawyers at Schecter Law.

Tips to Help Sell your Home in the Current Market

January 15th, 2010

By Mark Schecter | No Comments »

Many real professionals are advising homeowners to hold on to their homes (and mortgages), and wait before trying to sell their property in the current real estate market. There are certainly many reasons this type of advice is given. The market in most areas remains oversaturated with inventory, prices have not stabilized and as a result, are continuing to decline substantially.

The housing market is not expected to rebound considerably for at least several months or maybe years. In many locations, it could be years before the real estate markets begin to stabilize. Thus, the common advice is that you should not attempt to sell your home in South Florida’s current real estate market; instead, you should wait for the market to stabilize and housing values to creep up again. 

forsale-sign

Although this seems like sound advice, it’s not for everyone. There are times when homeowners cannot afford to wait to sell their homes. In many instances, it is becoming more and more difficult to make their monthly mortgage payments and they are facing foreclosure due to layoffs and continued unemployment. In these cases, it may be in the homeowner’s best interest to sell their property as soon as possible.

If you are a homeowner trying to sell your property in the current real estate market, there are a few things you can do to make your job a lot easier.

Are home improvements necessary?

Years ago, the experts would tell you to renovate your home and add a few “extras” before putting it on the market, in hopes of increasing its value. The same is not the case today as we’re in a different climate. There are times you may have to repair and possibly renovate an area of your home to make it more attractive to a buyer; however, you should tread cautiously when doing so.

The most common mistake that many sellers make when trying to sell their home is adding the cost of remodeling to the sales price. This is risky because in the current market, there is no certainty you will be able to recover the money you invest in the renovation from the buyer.

Many experts today are pointing out simple things that buyers can do to make buyers more interested in their homes. That includes making sure it is clean, neat, clutter-free and presentable for prospective buyers. 

Before you begin making improvements to your home to increase its value, it may be a good idea to seek professional advice. This can help you decide where you should spend your money to get the most out of your investment. In most cases, this can include new paint and flooring, however, this can vary depending on the market you’re in.

Should you take care of the home inspection?

In the past, sellers would typically wait until there was a contract on their home before having it inspected, and would require the buyer to pay for said inspection. In today’s market, smart sellers are being more proactive and having their homes inspected prior to placing them on the market. This saves the buyer the cost of the inspection, gives them a peace of mind, and will help set you apart from all of the other sellers in your area.

Do you have tips about selling your home in the current market? If so, please share them with me and my readers in the comments section below.

Top Florida Real Estate Posts for 2009

December 31st, 2009

By Mark Schecter | No Comments »

As the year comes to an end, we thought it would be a great time for us to share with you our top posts published in 2009. These posts were chosen because they generated a considerable amount of traffic, comments or both.

With further ado, here are our top real estate blog posts for 2009. Enjoy!

Is the Florida Condo Conversion Market Collapsing?

3 Things to Consider before Acquiring Commercial Property

Leasing Commercial Property in South Florida

South Florida Property Owners Dispute Tax Assessments

In 2010, we plan to continuing providing informative and engaging content, and an honest assessment of Florida’s real estate market through our blog. We hope that you stick around and enjoy the ride.

Happy New Year from Schecter Law!

Polls: Invest in Real Estate; Are Floridians Financially Stable?

November 20th, 2009

By Mark Schecter | No Comments »

From time to time, the South Florida Business Journal will survey its readers on issues that affect Floridians – individuals and businesses.

In a recent Business Pulse Survey, they asked their readers to indicate which assets we should be investing in at this time.

More than 300 readers participated in the survey. Although it was not a scientific poll, it does reflect what their readers are thinking. The results of the survey are as follows:

  • 29% of the respondents chose gold and commodities as their asset of choice. This is to be expected considering the historically high value of gold at this time.
  • The second most popular asset chosen by 21% of the respondents was real estate. This news is welcomed real estate professionals and property owners throughout the state of Florida.
  • 19% of the respondents recommended US stocks as the asset to invest in.

Are Floridians Feeling Financially Stable?

The business journal presented another interesting survey months ago. They asked Floridians to grade their financial security. The results were revealing and possibly disheartening for some. 374 readers participated in the survey.

Most of the respondents (26%) graded their financial security as a C. Disturbingly, 24% of the respondents graded their financial security as an F. Only 11% gave themselves an A, and 18% a B.

Click here for more information on this Business Pulse Surveys.

Extension of $8000 Tax Credit for First-Time Home Buyers

October 31st, 2009

By Mark Schecter | No Comments »

home-for-saleEarlier this year, lawmakers passed an $8000 tax credit for first-time home buyers. As the tax credit gained popularity, first-time buyers began taking advantage of the credit which resulted in a welcomed increase in the number of home sales.

In August 2009, the National Association of Realtors (NAR) reported that for the first time in five years, real estate sales increased for four consecutive months. Home buyers are not only using the tax credit to purchase new properties, a large amount of foreclosures and distressed properties are being purchased as well.

As the November 30th deadline approaches, home builders and real estate professionals are concerned that home sales will drop. They, with the help of NAR, are urging lawmakers to extend the $8000 tax credit to give more people an opportunity to purchase homes.

Majority Leader Harry Reid, Chairman of the Senate Finance Committee Max Baucus, and other top Democrats are pushing a plan to extend the tax credit deadline for first-time home buyers from November 30, 2009 until March 31, 2010. Their plan counters a bipartisan plan that’s aiming to extend the tax credit until June 30, 2010, increase the income limitations, and offer the credit to all buyers, not just first-timers.

There is a possibility the Reid and Baucus plan will be presented to the Senate for a vote in the next few days. We will keep you posted on the tax credit extension.

Update (as of November 9, 2009):

On Friday, November 6, 2009 President Obama signed into law an extension of the $8000 tax credit. Now, first-time home buyers have until April 30, 2010 to take advantage of the extended $8000 tax credit. In addition to the extension for first-time home buyers, a tax credit of $6500 will be available for current home buyers that have been waiting patiently for the right time to purchase a larger home.

With the new law, the income limits have been increased substantially, by nearly fifty percent (50%). Married couples making less than $225,000 and single individuals making no more than $125,000 will be eligible for the new tax breaks.

You can compare the details of the initial and expanded tax credits here.

Read the NAR’s article regarding the tax credit extension to first-time and current home owners.

And, listen to NAR President Charles McMillian’s podcast announcement here.

Facts to Consider Before you Invest in Commercial Real Estate

October 22nd, 2009

By Mark Schecter | No Comments »

office-buildingOver the past couple of years, the foreclosure rate of the commercial market has risen and now sits at historic highs. Prime properties in once considered high demand locations remain vacant as builders and owners reduce their prices and offer incentives to attract potential buyers.

In previous posts, I’ve discussed the South Florida commercial real estate market in great detail. Most recently, I shared three reasons Florida investors should consider investing in commercial real estate. The reasons I shared included the now significantly reduced prices of most properties, the steady income you can produce through commercial leases, and the potential to make a good return on your investment dollars.

Whether you’re new to the idea of investing in commercial properties or you’re interested in diversifying your real estate portfolio, it is important that you understand a few simple facts about commercial properties and how they differ from residential. Here are basic facts you should consider before you invest in commercial real estate.

1. Unlike residential properties, the value of commercial real estate is primarily based on the square footage of usable space.

2. If you’re considering leasing your commercial real estate investment, it is important to note that because commercial lease terms tend to cover a longer period of time,  your cash flow can be more stable than it would with a shorter term residential lease.

3. Investors are able to attract more money and secure a larger cash flow with multi-unit commercial properties. Why? It’s simple mathematics. If you have 10 tenants making on-time monthly rental payments compared to only 1 tenant, you will generate a larger cash flow that can remain stable for a substantial period of time.

4. When you’re ready to purchase your investment, you should be prepared to pay a heftier down payment on a commercial property. Typically, the investor is asked to come up with thirty (30) percent more than the down payment on a residential property.

5. Commercial foreclosures can be an investor’s best friend. Despite what you may have heard, there are just as many, if not more, commercial properties that are either facing or pending foreclosure. Banks are eager to sell them as they do not want to hold on to commercial properties any more than they do residential.

6. Commercial properties are often less risky than single-family residential property investments. Yes. You heard me correctly. Lets compare the investments of two gentlemen – Mr. A and Mr. Z.

Mr. A owns a small apartment complex located in a middle class community, and Mr. Z owns a beautiful victorian style home located on the Upper West side of town. Mr. A’s apartment complex is full to capacity with 10 tenants, and Mr. Z’s home is occupied as well by a wonderful family. If Mr. A loses a tenant, he loses only ten percent (10%) of his monthly rental income, while Mr. Z will lose 100% of his if the single family decides to vacate the premises.

Investing in the right commercial real estate, can be financially rewarding for you and can give your portfolio the diversity it needs. But, before you dive right in, hire a Florida real estate transactions attorney that will help you  research potential investments and hold your hand throughout the property acquisition process. The attorneys of Schecter Law have the experience necessary to help investors purchase office buildings, warehouses, shopping malls, multi-family apartment complexes or other commercial real estate that can result in a good return on investment for you.

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.