Real Estate Investing 101 and Beyond

The Florida Legislature Strengthens Laws to Remove Unwanted Parties from Your Property  The governor signed House Bill 631 into law on March 8, 2018, to update Florida law on ejectment, unlawful detainer, and customary use.   So what does this mean? First, let’s suppose the company owning the building next to yours puts up a fence ten feet over your property line, claiming to have a recorded deed to a strip of your land.  You think the deed is bogus.  To get rid of the fence you would likely file an “ejectment” action.  “Ejectment” is a kind of eviction action in which the party in possession claims a right to be there under a written instrument in its chain of title (usually a deed, easement, or other serious title instrument).  An ejectment action gives you the chance to prove your superior title to the property (after which you would  eject  the neighbor’s fence). Case closed.  The amendments to the Bill modernize the statute to clarify the process and documents necessary to es

A Florida single-member LLC is formed just like a multi-member LLC. You file the Articles of Organization with the Division of Corporations and pay the appropriate fee. Obviously, the major difference with a single-member LLC is that there is only one member. But this distinction has created a serious consequence for Florida business owners. The primary protection offered by the LLC entity structure is that it provides  limited liability  protection for members. In other words, the entity shields members from creditors in various ways. For example, if a member of a Florida LLC is sued and a creditor seeks payment for debts, the assets of the LLC cannot be seized in order to pay for the debt because these assets also belong, at least in part, to other members. As well, should the LLC itself be sued, a creditor cannot seize the personal assets of LLC members as a means of paying the debt. In these cases, creditors are generally held to using what are called  charging orders