Critical Ways a Commercial Eviction Differs from a Residential Eviction

As a landlord, your procedure for eviction is heavily dependent on whether the property you rent is residential or commercial. Knowing the difference is crucial to avoiding hefty fines for improper procedures. While there are some similarities between the eviction process for these two different types of properties, residential evictions are generally more difficult as Florida law grants residential tenants stronger Read More

Is a Commercial Loan Foreclosure a Good Option for Recovering Assets

Commercial real estate is an important part of the Florida economy. It gives businesses of all types the opportunity to operate their company in a facility that is zoned specifically for this type of real estate holding. As a lender, backing loans on commercial real estate can be an excellent investment. In most cases, the company buying the property will want to operate out of it for the long term, making most types Read More

Should You Negotiate with the Borrower or Initiate Commercial Foreclosure Proceedings?

Deciding to foreclose on a commercial mortgage borrower who has otherwise been a diligent and performing tenant is a difficult decision for an asset manager, loan officer, or private lender. Dealing with a non-performing property will have already put you in a tough position. The question remains: What now? Prolonging a foreclosure action when it is clear that your borrower cannot pay will only continue the trend of Read More

How Assignment of Rents Works in Florida

When an Asset Manager, Loan Portfolio Manager, Private Lender, or Investor lends money to someone else who is hoping to profit from a real estate property, they should find secure ways to help protect their investment. When you are putting your own livelihood on the line to fund a borrower, you want to make sure that your investment is protected. These last two years have taught us that all too well. In Florida, one Read More

Getting a Deficiency Judgment After a Commercial Foreclosure

If you are a Real Estate Asset Manager or Loan Portfolio Manager, you know how complicated it can be to get your non-performing properties through the foreclosure process and to an auction. Sometimes, however, the auction sale does not produce enough funds to pay your debt on the property. If the property is located in Florida, you then have the right to obtain a Deficiency Judgment or have one issued by the Court. A Read More

How Far Should a Lawyer Push an Issue?

Last month, we wrote about the connection between a good attorney and a Judge. In the article, we explained how effective lawyers learn how specific Judges prefer to run their courtrooms after appearing before them enough times. Here’s a particularly relevant selection about the topic: “A lawyer’s experience before a specific Judge is invaluable to a client in getting a positive resolution. Some Judges are quick to Read More

Motions for Summary Judgment: How Florida’s Big New Change Affects You

On May 1st, 2021, Florida signed into law some major changes regarding their approach to Motions for Summary Judgment. These changes mean Florida now follows the standard used in federal practice (again, previously not the case for Florida). These changes are significant, and signal good news for Asset Managers, Loan Portfolio Managers, Private Lenders and Investors with Florida properties in their portfolios. The Read More

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

Landlords: Know Your Security Deposit Obligations

For landlords, security deposits are often one of the most misunderstood areas of responsibility. While almost all landlords will collect a security deposit when a new tenant moves in, few of them truly understand their rights and obligations when it comes to what can and can’t be done with the money. The following are several of the most important things to know about security deposits as a landlord. You Can Use Read More