TITLING RENTAL REAL ESTATE
Today, amidst the turmoil and uncertainty brought on by the COVID-19 pandemic, individuals may want to take advantage of lower property values in certain areas of the country and purchase real estate with the intention of renting it and creating and receiving regular cash flow. It is important to note that for federal tax purposes, if…
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MAJOR CHANGES IN BUILDING LAWS
Over the past few weeks, the nation has painfully witnessed the moment-by-moment tragedy unfold with respect to the failure and collapse of Champlain Towers South’s 1981 twelve (12) story residential unit condominium building (the “Surfside Building”) in Surfside, Florida (the “Collapse”). There is nothing positive about the Collapse nor about the losses that so many people…
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GROWING CRE MARKETS AND TRENDS
Although no one can predict with any degree of certainty as to exactly when commercial real estate (“CRE”) markets will return to the boom times enjoyed prior to and right up to the onset of the pandemic, one can rest assured that CRE, as an asset class, will make a swift recovery. In any event, CRE…
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Safe Banking Act of 2021: Potential to Provide Cannabis Industry Access to Financial Services, but Passage in The Senate Remains Uncertain
On April 19, 2021, the U.S. House of Representatives once again passed H.R. 1996, the Secure and Fair Enforcement (SAFE) Banking Act of 2021 (the “Act”). This is now the fourth time that the Act has passed the House in one form or another, however, this is the first time that a Democratic Senate and…
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Covid-19 – Deal Certainty: You Cannot Have Your Cake and Eat it Too
A recent case in Delaware is instructive of the challenges a buyer may face should they refuse to close a pending acquisition following the entry into a stock purchase agreement, with a debt financing commitment letter in hand, based on alleged breaches of typical “material adverse effect” clauses and “ordinary course of business” operating covenants.…
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Covid-19 – End of CDC Moratorium on Residential Evictions
On Wednesday, May 5, 2021, a federal judge struck down the nationwide moratorium on residential evictions put into place by the U.S. Centers for Disease Control and Prevention (the “CDC”) that had been in effect since September 4, 2020, and which was extended through June 30, 2021 by President Biden on his first day of…
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International Parole Role: an Alternative Path To Entry Into The U.S. for Foreign Entrepreneurs
Though the U.S. does not currently offer temporary work visas for startup founders, regulations enacted under the auspices of Section 212(d)(5) of the Immigration and Nationality Act, 8. U.S.C. 212(d)(5) and known as the International Entrepreneur Parole Rule (“IEP Rule”), provide foreign entrepreneurs a pathway to entering and working in the United States. While H1-B…
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ALTA / NSPS Survey Standards
The American Land Title Association (“ALTA”) and the National Society of Professional Surveyors (“NSPS”) have historically agreed upon certain standards relating to title to real estate and the components of surveys with respect to the boundaries of lots. It is of the upmost importance that all of the parties to a real estate transaction understand…
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Homestead Protection & Estate Planning – A Comparison Between Massachusetts & Florida
A Declaration of Homestead is a legal document informing the public that the homeowner is asserting his or her rights to protect their home from creditors. In many states, there is a property tax exemption for property that is titled in homestead. Almost all of the states allow the primary residence to be homesteaded. However,…
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Covid-19 – Extension Of $7.5 Million Subchapter V Debt Limit
As previously reported by DarrowEverett, the Small Business Reorganization Act of 2019, created Subchapter V of chapter 11 of the Bankruptcy Code, which became effective on February 19, 2020 (11 U.S.C. §§ 1181-1195 “Subchapter V”). Subchapter V focuses on small business debtors and aims to remove some of the complexity and costs associated with a traditional…
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