More on the Guarantor! Hedging the Risk: The Guarantor – Only If Handled Correctly!

The pandemic create many winners and losers, which means, millions of credit facilities, debtors, and borrowers remain on the brink. Scratch the surface, and you realize that forbearances have delayed what appears to be inevitable.  Despite the trillions in government help, the fundamentals don’t change.  Lenders have for eons collateralized loans with tangible, value-sustaining real estate as a way of hedging their Read More

The Importance of the Guarantor to Asset Managers and Loan Portfolio Managers

It is typical today that a borrower may need a guarantor in order to get approved for a real estate loan or purchase. The role of the guarantor is to ensure the borrower will be able to pay for the real estate by putting their own credit on the line. If a borrower’s income or credit score is too low to be approved for a real estate loan, they can try to secure a guarantor with stronger credit than them. This applies Read More

Motion to Sequester Rents: A Great Early Legal Maneuver

If you are an Asset Manager, Loan Portfolio Manager, Private Lender, or Investor with a non-performing property, this is how the story normally goes. You endure months of requests, conversations, strained negotiations, and forbearances. When you find yourself pleading or insisting with your borrower in order to see any sort of return on your investment, you realize that this tactic of financial loss is not an Read More

Florida’s Statutory Rate on Final Judgments and Their Impact on ROI for Asset and Loan Portfolio Managers

When a Final Judgment is entered, it typically reflects a financial equation consisting of the principal, delinquent interest, late charges, legal fees, court costs, and…the additional interest due a lender to get them up to the default rate they are entitled to. In Florida, on most commercial loans, that default rate is 18%. However, when a Final Judgment is entered in Florida, lenders are only entitled to collect Read More

What Asset Managers Should be Doing During the Eviction Moratorium

Hours after his inauguration, President Biden issued an executive order extending the eviction moratorium until March 31. The current moratorium had been put into effect by the Center for Disease Control and Prevention in September 2020 to prevent the further spread of COVID-19.  The last day the moratorium, designed to stop renters from being evicted for non-payment of rent, was set to end December 31st, 2020.  It Read More

What Asset Managers Nationwide (with Florida Commercial Real Estate in their Portfolios) Will Need to Confront in 2021 – Filing Foreclosures

As a commercial asset or loan portfolio manager, private lender, or loan investor with oversight over Florida commercial real estate, one of the last things you want to see, hear, or watch happen is  2020 bleed into 2021 and, with it, the continuing non-performance of your Florida commercial real estate assets.  The 2020 forbearances were a gesture designed to deal with the economic reality of the pandemic and seek a Read More

What Commercial Landlords Need to Know About the Appeals Process in an Eviction Case

As a commercial landlord, one of the last things you want to happen to one of your properties is to have to evict a tenant. If you have a tenant who is not paying their monthly rent, or has violated their contract in some other way, going through the eviction process may be the only option. When things have reached this point, you undoubtedly want everything to move forward as quickly as possible so you can begin the Read More

Commercial Foreclosures in Florida: A Judicial Process With Practical Considerations

The commercial foreclosure process in Florida is a “judicial” process.  That means a lender must file a lawsuit against the borrower in order to obtain a foreclosure judgment from a court ordering a sale of the property to recover their loan monies.  The process contains unique aspects, nuances, and components which are grounded in well-tested experience that well serves a plaintiff.  That said, the fundamentals Read More

4 Mistakes to Avoid in a Commercial Eviction

When you’ve rented out your retail space, office building, or other commercial location and the tenant breaches the terms of the lease, in most cases you have the right to evict them. However, if you’ve never done a commercial eviction before or you’re extremely frustrated by how the tenant’s actions have affected your cash flow, your attempts to remove them from the property can potentially make matters worse. In Read More

Buying Commercial Real Estate in a Post-Pandemic World

It only took weeks for our lives to change in ways we could never have imagined. People could no longer shop and socialize without wearing a mask and keeping each other at a distance. A lot of nonessential businesses closed, only to reopen gradually and under the condition that they observe strict safety guidelines. Offices transitioned their workforces online and home delivery replaced eating out at Read More