4 Pointers for Buying a Home During a Pandemic!

2020 was an extremely challenging year for everyone, with many feeling as though their lives were on hold. Continue reading “4 Pointers for Buying a Home During a Pandemic!”

Rising Above 2020: The Worst Year on Record for U.S. Hotels!

It’s official, 2020 was the worst year on record for the hotel industry. For the first time in history, the industry surpassed 1 billion unsold room nights, which eclipsed the 786 million unsold Continue reading “Rising Above 2020: The Worst Year on Record for U.S. Hotels!”

7 Myths About Down Payments for Real Estate Purchases

There is a lot of misinformation out there regarding the process for real estate purchases, and this makes matters even more confusing for those that are new to buying a home. Continue reading “7 Myths About Down Payments for Real Estate Purchases”

The Right to Inspect and Cancel 

So, you finally found a property that makes your heart skip a beat and you are already imagining family dinners and movie nights by the fireplace. Congratulations! However, do not move Continue reading “The Right to Inspect and Cancel ”

Study: Retailers, Commercial Real Estate Companies Optimistic About Strong Recovery in 2021

Close to 88% of shopping centers are being used to fulfill online orders, and 99% of retail respondents reported their stores fulfilled online orders to some degree.

Nearly 60% of commercial real estate Continue reading “Study: Retailers, Commercial Real Estate Companies Optimistic About Strong Recovery in 2021”

Seven Ways 1031 Exchanges Can Help Strengthen Businesses

1031 Exchange transactions can help business owners leverage valuable cash to finance critical growth strategies.

At least once a week I get asked:   What are the benefits of doing a Section 1031 Exchange?  I normally give the usual answer:  Deferral of Taxes resulting in more funds to spend on possible Continue reading “Seven Ways 1031 Exchanges Can Help Strengthen Businesses”

Florida Hotel Sales are Down, is a Spike in the Horizon?

Florida hotels are changing hands much less frequently lately, thanks to COVID-19’s negative impact on the local economy. Orlando’s 500+ lodging properties are dealing with severely reduced revenue due to sparse tourism, and this is only contributing to the ongoing mass layoffs within the hospitality industry. Continue reading “Florida Hotel Sales are Down, is a Spike in the Horizon?”

Uniform Commercial Real Estate Receivership Act Is NOW THE LAW IN FLORIDA

The Uniform Commercial Real Estate Receivership Act (hereinafter “UCRERA”) became law July 1, 2020, marking a new era for Florida courts.

“Of course, this couldn’t have been anticipated, but with the economic fallout from COVID, and all the closures, the first thing that will be effected when people stop paying their rent is commercial real estate.”

Florida is one of only nine states that have adopted UCRERA since 2017.

UCRERA creates a process for state courts to appoint a receiver in disputes that arise over commercial real estate, typically a default. Once appointed by the court, a neutral receiver can manage an asset and prevent it from falling into disrepair.

Florida judges have the power to appoint receivers, but before UCRERA, there was no statute that addresses the process for commercial real estate disputes.

HB 783 and a companion, SB 660 by Sen. Lori Berman, D-Boynton Beach, passed both chambers unanimously.

For more questions regarding your Commercial Real Estate investment, call Gulati Law today!

Source: Florida Bar Article

Prepare for Hurricane Season- Helpful Tips!

Please utilize the resources below if necessary. I also encourage you to share this information with your friends and neighbors as we work together to recover from this storm- Hurricane Michael.

FEMA ASSISTANCE

To apply for FEMA assistance visit: www.disasterassistance.gov or call 1-800-621-FEMA (1-800-621-3362) TTY: 1-800-462-7585. To find the nearest FEMA Disaster Recovery Center visit: https://egateway.fema.gov/ESF6/ DRCLocator

EMERGENCY ASSISTANCE

If you need emergency help call 9-1-1.

BASIC SUPPLIES

If you need supplies, such as food, water, or ice, please contact your county emergency management at: http://www.floridadisaste r.org/fl_county_em.asp or by phone at (850) 815-4001 for the location of the nearest distribution center. Your county emergency management can provide up-to-date information about shelters and local distribution centers for food and supplies.

HELP FOR SENIORS

If you know of a senior who needs assistance call the Florida Department of Elder Affairs hotline at 1-800-96-ELDER (1-800-963-5337). To report elder abuse, call 1-800-96-ABUSE (1-800-962-2873).

HELP FOR VETERANS

Veterans in need of assistance or in need of their medication can contact the Veteran Disaster Hotline at 1-800-507-4571 or go to any VA medical facility for assistance.

MENTAL HEALTH

If you or someone you know is experiencing emotional distress please call the Disaster Distress Helpline at 1-800-985-5990 or text TalkWithUs to 66746 to connect with a trained counselor. You may also visit: http://bit.ly/2vH2Huc for more information about managing stress after a disaster and talking with children about traumatic events.

DIALYSIS

To find a dialysis center in your area visit: http://www.dialysisunits.com/. Patients of DaVita Dialysis may contact 1-800-400-8331 to find the nearest Dialysis Center.

MORTGAGE RELIEF

To find out if you qualify for temporary mortgage relief, visit the Freddie Mac website at: http://www.freddiem ac.com/about/hurricane-relief.html , the Fannie Mae website at:http://www .fanniemae.com/portal/about-fm/hurricane-relief.html or by phone at 1-800-2FANNIE (800-232-6643). To contact the Federal Housing Finance Agency visit:https://www.fhfa.gov/Homeownersbuyer/MortgageAssistance/ Pages /Disa ster-Assistance.aspx

You may also contact the Department of Housing and Urban Development (HUD) to find out if you qualify for any hurricane related help with your mortgage or mortgage insurance. To contact HUD about disaster assistance visit: https://www. hud.gov/program_offices/housing/sfh/ins/203h-dft or https://www. hud.gov/program_offices/housing/sfh/nsc/qaho0121

TAX RELIEF

Taxpayers in affected areas may be eligible for tax relief from the IRS. To learn more about IRS assistance visit: https://ww w.irs.gov/newsroom/tax-relief-in-disaster-situations.

DISASTER RECOVERY LOANS

The U.S. Small Business Administration is providing various disaster loans to qualifying Floridians. For more information about SBA disaster loans visit:https://www.sba.gov/disaster-ass istance/. The U.S. Department of Agriculture provides loans to qualifying individuals, businesses, and communities after disasters. For more information visit: https://www.usda.gov/topics/d isaster/storms, or contact the USDA office in Florida at: (352) 338-3400.

DISASTER UNEMPLOYMENT ASSISTANCE

Floridians who are unemployed as a result of a disaster, and who are ineligible for regular state unemployment insurance, are encouraged to apply for Disaster Unemployment Assistance (DUA) through the U.S. Department of Labor. For additional information about DUA visit: https://workfo rcesecurity.doleta.gov/unemploy/disaster.asp or contact the U.S. Department of Labor by phone at 1-866-487-2365.

HURRICANE RESPONSE HIRING

The U.S. Small Business Administration is hiring a variety of temporary positions located throughout areas affected by recent disasters. For more information visit:https://www.sba.gov/disaster-assistance/hurricane-response -jobs -sba< /a>. For FEMA hiring visit: https://careers.fema.gov/hur ricane-workforce.

FEMA ASSISTANCE

For in-person assistance with storm related questions, visit your local FEMA Disaster Recovery Center. For a list of centers in your area visit: https://egateway.fema.gov/ESF6/ DRCLocator or call 1-800-621-FEMA (1-800-621-3362) TTY: 1-800-462-7585.

Be aware of SCAMS: Federal and state workers never ask for or accept money, and always carry identification badges. There is no fee required to apply for or to get disaster assistance from FEMA, or the State of Florida. If you suspect fraud call FEMA’s Disaster Fraud Hotline at 866-720-5721, or the Florida Attorney General fraud hotline at 1-866-966-7226.

RESOURCES

Emergency Assistance 9-1-1

Local resources (food, shelter, childcare,) 2-1-1

Food, water, ice distribution https://www.floridadisaster.org/, 850-815-4001, TDD/TTY: 1-800-226-4329

County Emergency Management Offices https://www.floridadisaster.org /counties/

Shelters www.floridadisaster.org/sh elter-status/

Florida Highway Conditions: www.flhsmv.gov/f hp/traffic/live_traffic_feed.html, or dial 5-1-1 or *FHP (347)

Florida Elder Affairs Hotline 1-800-96-ELDER (1-800-963-5337)http://elderaffairs.state.fl.us/

Veteran Disaster Hotline www.va.gov, 1-800-507-4571

Disaster Distress Helpline (for emotional distress) 1-800-985-5990, or text TalkWithUs to 66746

Blue Tarp Roofs (Army Corps of Engineers) 1-888-ROOF-BLU

FEMA www.disasterassistance.gov, 1-800-621-FEMA (1-800-621-3362) TTY: 1-800-745-0243

Source: BILL NELSON OFFICES IN FLORIDA

Putting Your Real Estate in a Florida Land Trust

A Florida land trust is a method for holding legal title to real property. The beneficiary owns the Florida land trust, has power of direction over the trust, and has control over the property that is in the trust (the person creating the land establishes the land trust and is often one of the beneficiaries). The trustee holds the title to the property for the benefit of the owners or beneficiaries.

There are two steps to putting your property in a Florida land trust (Consult your Florida Real Estate Attorney for assistance):

  1. Deed in Trust; and
  2. A Florida Land Trust Agreement.

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Below are some of the benefits of a Florida Land Trust:

  1. Allows for the private transfer of property – your name is not recorded in the public record like most property transactions
  2. Limits liability – trustee is free from liability, therefore you can allow for a corporation to be the beneficiary and then limit personal liability as trustee
  • Property held in land trust is also not encumbered by judgments made on beneficiaries
  • Work with your Florida Real Estate Attorney to structure your trust to best avoid personal liability
  1.    Avoid probate
  • It is common for land trust to be considered a “will substitute”
  • Contingent beneficiaries are mentioned in the trust
  • No Florida Documentary transfer tax is due when transfers are among beneficiaries (this is on a case-by-case basis).
  1.     Improves efficiency in transactions with multiple buyers or owners
  • Allows for only the trustee to sign documents to complete the transaction
  1.     Homestead Exemption
  • If beneficiary is a Florida resident, then trust may qualify for Homestead Exemption
  1. Tax benefits
  • No annual filing fees with state of Florida
  • No additional tax return or tax I.D.

There are a number of benefits associated with putting your property into a land trust. For example, Walt Disney actually acquired the property for Walt Disney World in Florida through the use of a land trust. This allowed for additional privacy, and reduced the chance that prices in the area would increase due to anticipation of Disney’s plans for the community.

Be sure to contact your Florida Real Estate Attorney to set up a land trust, as there are Florida Statutes that you must comply with. Your Florida Real Estate Attorney should draft a deed to the trustee, and a written land trust agreement. A disclosure form to the IRS must also be filed to note that the trustee is acting for the beneficiary, this is where you should get your Certified Public Accountant involved as well. Both your Florida Real Estate Attorney and Certified Public Accountant will work together in order to set up your asset structure.

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