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Estate Tax Landscape for 2021 and Beyond

Estate Tax Landscape for 2021 and Beyond

Now that former Vice President Joe Biden is projected to be the President-elect, we can start to focus on the policy changes that may be coming. For months commentators have attempted to predict the economic and tax changes that would likely occur under President-Elect Joe Biden’s administration, and while the details are still to be … Read more

Receivers Have a New Playbook with Passage of the UCRERA

Receivers Have a New Playbook with Passage of the UCRERA

In football, a receiver needs a good playbook. Otherwise, passes fall incomplete and teams lose games. However, until recently, receivers appointed to oversee distressed real estate assets had no statutory playbook. This often led to inconsistent results, unnecessary litigation, and title insurance problems. Fortunately, on July 1, 2020, Florida’s Uniform Commercial Real Estate Receivership Act … Read more

Medical Marijuana in Florida – OK to Smoke But Not to Grow

Medical Marijuana in Florida – OK to Smoke But Not to Grow

On November 22, 2019, the Florida Supreme Court declined to accept jurisdiction over a case involving the right of a patient to cultivate marijuana for his own medicinal purposes. In doing so, Florida has declined to be added to the increasing minority of states that now allow homegrown marijuana. Prominent Tampa strip-club owner Joe Redner … Read more

Litigation Costs HOW Much? Can I At Least Deduct It?

Litigation Costs HOW Much? Can I At Least Deduct It?

Business owners often question whether the business will be able to deduct its legal expenses. The Fifth Circuit Court of Appeals in Cavanaugh v. Commissioner, 18-60299, 2019 WL 1430193 (5th Cir. Mar. 29, 2019) recently shed some light on this matter. The Court found that settlement payments and litigation expenses paid by a business regarding … Read more

PACE Loans in Florida: A Lender’s Perspective

Florida’s “PACE” Program (which stands for Property Assessed Clean Energy) was created in 2010 through Section 163.08, Florida Statutes, which authorized Florida local governments to finance property improvements for energy conservation and improving a property’s resistance to storm damage.

Establishing the priority of a lender’s mortgage lien during foreclosure or bankruptcy can be challenging when the collateral is also encumbered by governmental or quasi-governmental liens with unsettled lien priority. One such problematic example is the lien priority of PACE loans. Florida’s “PACE” Program (which stands for Property Assessed Clean Energy) was created in 2010 … Read more