Articles related to legal matters and COVID-19

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The Current State of Foreclosures, Evictions, and Real Estate

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With the changes brought about by the COVID-19 pandemic, families have struggled more than ever – and this is evidenced in the strain put onto the housing industry. We live in a state where many maintain surmountable income through investment properties, taking advantage of a thriving rental market bolstered by tourism. It all works very well on a good day but consider the sudden halt many businesses and staple jobs have come to, and you have a market that for many cannot make ends meet.

Luckily on March 18th, measures were taken to begin to try and help the situation. A moratorium was placed that could legally protect effected renters from being evicted. This moratorium, and its consequent extensions have created a murky environment where many do not understand what applies to them, what the end-goal is, and what they will be responsible for when the moratorium is over. In this article, we want to take a deep and current dive into the state of foreclosures, evictions, and the extended moratorium so that you have a better understanding of how we are moving forward together.

The Extensions Continue

As of the writing of this article, the current extension to the moratorium on foreclosures and eviction processes will run until the end of the year, December 31st. Its purpose is to assist homeowners and renters that have undergone financial hardship because of job loss due to COVID-19. From a legal perspective, whenever we see language like this, we are always thinking of the word proof. Pay stubs and any written evidence that can back and prove that you lost your job due specifically to the pandemic will help strengthen your argument. As one would expect, there will be those looking to game the system, so hiring a lawyer to help you through the process is absolutely be a good idea.

In the lending world The Department of Housing and Urban Development (HUD), the Department of Veterans’ Affairs, and the Department of Agriculture have all extended their foreclosure moratoriums on guaranteed or insured loans covered under the CARES Act until December 31st. Fannie Mac and Freddie Mac also have extended their moratorium on foreclosures for enterprise-backed, single-family mortgages. All of this has one main goal, to help stave off sudden, major deterioration of the housing market. Protecting those who are paying rent alongside those who are paying loans off will hopefully allow for time to adjust, catch up, and recalibrate.

Payments Will Be Due

It is vital to understand the implications of these laws. Payments are not being waived. As a matter of fact, the true definition of moratorium is a temporary prohibition of any activity. It, essentially, is a legal pause button, extending but not absolving the money that you owe. If your finances have been impacted by the pandemic, then pivoting will be essential. For those who are impacted in a way that substantially cripples their finances, bankruptcy will have to be a consideration, and that is where hiring a lawyer could work to your benefit. Sophia Dean, legal attorney with The Orlando Law Group, notices a degree of similarity between now and when she helped individuals through the housing crash of 2008.

“When I would consult individuals who were facing immense financial strife, I would encourage them by helping them understand that they were beginning a journey, and that it would take time to get back to where they needed to be. Honestly, many nights I would lay awake with the weight of their situations on my heart, thinking of creative ways for us to build back a foundation.

My advice is do not wait. People make the mistake of thinking that a lawyer will charge you for every second you spend on the phone or in a zoom when the truth is quite the contrary. My consultations are free. A conversation with me is free, and I encourage those struggling to have that conversation and call me immediately. The most important action we will do during this time is make informed decisions.”

Sophia Dean, Attorney at The Orlando Law Group

The Impact On The Real Estate Market

It is a different time for those working in the field of Real Estate, given the changes brought to what was a market with a steady flow of inventory. With less families and individuals putting their property up for sale, prices have gone up. When inventory is low, the power goes to the seller. Lower interest rates have encouraged buyers to enter the market, and we anticipate buyer competition to be fierce, even throughout the pandemic. For an analysis of how COVID-19 has affected the market, we asked Michael Curtin, Commercial Broker of HIVE Commercial Realty his interpretation of the Real Estate Market.

“We’ve seen inventory go down on the residential side, but many commercial opportunities are still growing. With hardship always comes a shift in the market, and this will be no different. I anticipate that we will see many find difficulty making ends meet, and therefore are forced to turn over their real estate portfolios or alter their plans to accommodate the changes brought about by the pandemic.

My biggest recommendation right now – stay flexible with your goals and expectations. If you can grow your business in a creative way to accommodate social distancing, now’s the time to do it. Elevate your marketing and work hard to innovate. Learn the market so that when it begins to change, you can change with it.”

Michael Curtin, Commercial Broker at Hive Commercial Realty

Our Key Takeaways

We are beginning to circle back around to one year since protections were enacted for individuals impacted by the pandemic. With the extensions stretching to December 31st, owners experiencing financial hardship due to COVID-19 may pause, suspend, or reduce mortgage payments for 180 days. If that owner receives forbearance and decides to apply for a second delay, the maximum number of days they can receive forbearance is 360 days total.

This all hints at an unavoidable, eventual elephant in the room. When the eventual resumption occurs, there will be hardship. Many will struggle to make up the money owed, and there will be situations without easy answers. That is why hiring a lawyer and working with a law firm that has experience will be vital. We are poised and ready to help, to lay away at night coming up with options because we care for our clients. We see ourselves in them. We know they live in a complicated world that seldom takes into consideration their concerns. That is why you have us to help you navigate, no matter how murky the waters may seem.

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Safety Tips

Trick-Or-Treating Safety Tips

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Association Managers and Board Members have been under tremendous pressure and are faced with many unprecedented circumstances this year.

As Halloween approaches, many communities will be filled with little trick-or-treaters, and each Community Association must decide whether they are going to permit trick-or-treating within their neighborhood.

While the Board has the authority to make decisions on behalf of the Association for the safety and wellbeing of its residents, we highly recommend that you consult your Association’s attorney as you evaluate what stance your community will take in regards to trick or treating and ensure that your board follows the proper protocol in implementing your decision.

For those Associations choosing to allow trick-or-treaters within their community, here are a few safety tips that you can share with your residents:

For Residents wishing to hand out candy

  1. Wear a mask
  2. Hand out the candy to the kids individually (do not let the kids pick out the candy)
  3. Use hand sanitizer or wash your hands with soap and water in between handing out candy; or
  4. Set up a treat table outside with the candy spread out or placed in treat bags so that the kids can grab one item without touching the rest

For Kids going trick-or-treating

  1. Wear a mask (not a costume mask)
  2. Take hand sanitizer and use it frequently
  3. Do not travel in large groups and stay with the same group
  4. Stay outside
  5. As soon as you get home wash and change clothes

Remind your residents that your primary objective as Managers and Board Members is the health, safety, and well-being of all residents of the Association. As a community, you must put your neighbor’s health over convenience and discomfort.

Share these tips with your residents so that they are aware of the policy. Speak with your Association attorney as to the best way to adopt any guidelines and share them with your community.

The best way to stay involved is through thorough communication, and as always, we’re here to help in any way we can. Our attorneys are experienced, and ready to help you find solutions. They also care about the communities they are involved in.

Want to read more of our materials on Community Associations and HOA law. Visit the blog section of our website – where all of our articles are posted.

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Personal Bankruptcy

Bankruptcy Could Offer You A Way Out

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There is no question that the U.S. has a financial problem. The statistics are indisputable.  Americans carry an average personal debt of over $90,000. Many times, it’s through no real fault of their own. There are so many factors to consider. The cost of living continues to rise, and as it does so it is becoming easier for people to get credit when they may not have the means to cover their bills.

Additionally, with the unemployment rate skyrocketing due to the COVID-19 pandemic, times are difficult for many people, and that includes the struggle with finances. We’ve all seen the headlines about looming eviction rates and bankruptcy surges, but what those headlines won’t tell you is that for many, these issues are not on the horizon, but rather on their doorstep.

While some people tend to shy away from bankruptcy or think it is a negative thing, that isn’t the case at all – when it’s processed the correct way.

What is Personal Bankruptcy?

Personal bankruptcy is a legal process in which a debtor files with their local court system. As a result, the debtor’s personal assets are evaluated, and some may be sold in order to offer creditors a portion of what they are owed.

The process of filing for bankruptcy also creates something called an “automatic stay,” which means creditors are blocked from collecting your debts until the court proceedings are over. This can give you a bit of breathing room while your case is being reviewed.

Bankruptcy works differently depending on an individual’s financial situation and how the court sees it. In some cases, a financial plan may be worked out that better fits with your income and needs, so you can pay back your creditors at a different rate. Other times, your debt will be completely eliminated.

In the case of Chapter 13 bankruptcy, the debtor will develop a plan based on their personal finances to repay their creditors over a fixed period of time.

Chapter 7 or Chapter 13?

Consumers generally file either a Chapter 7 or a Chapter 13 bankruptcy. Some people believe that a Chapter 7 bankruptcy is the best way to go, but that is not always the case. Everyone has their own unique situation which should be analyzed by a professional to determine whether a Chapter 7 or a Chapter 13 bankruptcy is more appropriate. For example, if you do not have a lot of unsecured debt such as credit card debt or medical bills, but you have a home worth $200,000, a first mortgage of $210,000 and $75,000 on your second mortgage, and you want to keep your house, filing a Chapter 13 bankruptcy may be appropriate for you because you may be able to “lien strip” the second mortgage.

On the other hand, if you have a lot of unsecured debt such as medical bills and/or credit card debt, then Chapter 7 may be more appropriate for you. However, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 made changes to the Bankruptcy Code, which makes filing a Chapter 7 bankruptcy more complicated. To be eligible for a Chapter 7 bankruptcy there is a 2-part test. First, there is the “means test”. This subjects debtors to an income-based test. But if the debtor’s income is below the state’s median income, then the debtor is not subject to the means test. Additionally, debtors with primarily (more than 51%) business debts (including investment properties used as rental properties) may file a Chapter 7 bankruptcy regardless.

However, even if you pass the means test, you still have to pass a second test known as the “abusive test”. The United States Trustee or any creditor can move to have your case dismissed. The bankruptcy Court could dismiss your case if the Court finds that you have the ability to pay back a significant portion of your unsecured debts.

If you are eligible to file a Chapter 7 you are looking to liquidate your debt. You are able to keep some property and may have to let other property go. You can keep exempt property.

A Chapter 13 bankruptcy is a form of reorganization. The debtor proposes a plan to pay his creditors over a 3 to 5-year period. Generally, the debtor keeps property and the creditors get less money than they are owed. However, the unsecured creditors must receive at least as much through the Chapter 13 plan as they would have received in a Chapter 7 liquidation.

The Benefits of Filing for Bankruptcy

One of the biggest benefits to working with a bankruptcy lawyer well before filing is the knowledge about the process that professional counsel can share. Because there are time restrictions on how often you can file for bankruptcy, you’ll want to make sure you are in a position to get rid of the maximum amount of debt.

Also, it is essential to consider what might happen if your financial position changes between now and filing for bankruptcy. If your situation improves, should you back out of filing? If it worsens, should you file more quickly?

Working with an experienced attorney will help clarify the answers to those questions and give you peace of mind as you move forward.

Is Bankruptcy Right for You?

Unfortunately, bankruptcy has been stereotyped in a negative light over the last several years. While it certainly is something that should be used as a last resort to get out of debt, it doesn’t mean your credit will be ruined forever, and it isn’t something you should be embarrassed about. Bankruptcy exists for a reason – to help you get back on your feet.

If you are buried in debt, no matter the reason, and you’re not sure what else to do, bankruptcy could be your best option to get a fresh start with your finances.

Feel free to contact the Orlando Law Group for more information on our bankruptcy services and how we can go to work for you to start the process. Our years of expertise with bankruptcy law will make the entire experience as easy on you as possible, so you can focus on eliminating the debt from your life and starting over with your finances in a healthy and responsible way.

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Eviction notice and gavel on a table.

The Tidal Wave of Evictions Begins to Break

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With COVID-19, there has been a blanketed feeling of stress brought about by financial strife. Many individuals and businesses are struggling to make their normal payments. This has caused all eyes to stay locked on the monthly moratorium that keeps getting extended every month. This acted as a barrier for many, but also increased the unknown moment of when we would begin to see the ripple effects brought about by a fractured market. We may be at the beginning of the tidal wave of evictions.

What makes the latest Moratorium different?

In the latest extension, which brings the new date to September 1st, new language seems to allow eviction filings to resume. It may even allow for some residents to be removed from their living conditions. The statewide moratorium that was put into place before encompassed more protection for renters, suspending, “any statute providing for an eviction cause of action.” Even though the interpretation of that statement was thought to prohibit landlords from filing, many began the process anyway. A staggering statistic: about 400 commercial and residential evictions have been filed in Orange County as of this time. In terms of what exactly the newest extension suspends, it only halts the “final action at the conclusion of an eviction proceeding” and only for tenants who have been “adversely affected by the COVID-19 emergency.”

It seems that language may open the floodgates, and we may begin to see the onslaught of evictions begin to move forward. A standard amount for Orange County is 1,000 evictions filed every month. With the amount that has built up, we could see at least 5,000 cases filed.

Why is Central Florida vulnerable?

Central Florida is particularly a vulnerable location, being that it relies heavily on the tourism industry. Homelessness, industries on the brink of shutting down, and a wave of restaurants closing permanently are all a part of the predictions being placed at this time. With the language of the new moratorium, landlords will see much more success with their filings. Not only this, but the fact that so many tenants, who are accustomed to the moratorium being unaltered, will not realize the differences and when they are summoned to court may chose to ignore it. If so, this could result in them having five days to reply. If they do not, they could lose their case and automatically be kicked out.

Many have faulted the fact that this extension has been put forward without more clarity on how it differs from the ones that have come before it. Not only was this placed days before the prior moratorium was set to expire, it also came without comment or clarity from the governor. It was not until later that he stated that the order would only effect those who have not been financially impacted by the pandemic.

Caught between difficult dilemmas, the change was implemented to help give landlords and property management companies assistance when their tenants refuse to pay. Sifting through those who have been affected by the pandemic and those who have not may be a tough task. In June alone, 1.02 million Florida residents were still without work. This is a frightening figure, and one that indicates that Florida will be heavily impacted economically for some time.

A Truly Difficult Dilemma to Solve

Even still, the waters are made murky by those who would take advantage on the pause in evictions. For the month of June, property management executives as well as mom-and-pop landlords wrote the Orange County Commission stating that some tenants are using the situation as an excuse to not pay. Chip Tatum, CEO of the Apartment Association of Greater Orlando, mentioned that 65% of its members have been in negotiation to pay, while about 27% have been unresponsive or unwilling to work towards a plan.

For the eviction process, normally a three-day notice is taped on the tenant’s front door. If the tenant does not comply within that time, the landlord may file a complaint with the court, in which case the tenant will be served a summons. To get a hearing, the tenant would normally have five days to deposit the owed rent into the court registry. One of the defenses that tenants may utilize revolves around paying this court registry. If a tenant was adversely affected by the pandemic, they may not have to pay this fee. If a tenant can illustrate loss of employment, diminished wages, business income or other monetary loss, then this could work in favor for the tenant. Saving emails from your supervisor, pay stubs or any evidence of collecting unemployment compensation may be helpful, even though unemployment compensation may indicate a tenant’s ability to pay rent.

The lasting Repercussions

Even if the tenant’s case is dismissed, they will still have an eviction filing on their record, which could make funding for housing in the future very difficult. Orange County is working hard to create a diversion program to stave off the tidal wave of evictions, and Mayor Jerry Demings said that a plan is set to be presented to commissioners on Tuesday, August 11th. No details on how the plan will work were given, but in the meantime, landlords and tenants will have to survive in a situation that excludes easy answers. Our recommendation is that you have a plan, and paperwork to provide legal foundation for your plan. When hardship arises and you feel you have been treated unfairly, our lawyers will be there to help.

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covid-19

CDC Guidelines for Businesses Grappling with COVID-19

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With the world of change that we have been afforded, it is very easy to feel inundated with information regarding COVID-19. Businesses are clamoring for data that is not only useful, but also valid and from a source they can trust. The CDC has released a document detailing information that will help you understand practical protocols when someone has tested positive or could be a potential carrier of the Coronavirus, and we have broken that document down for you.

We at The Orlando Law Group understand that each business is unique, and the handling of an office may differ than the response of a restaurant. A plan that involves CDC Guidelines is a perfect defensive strategy in terms of keeping your employees confident and safe, your customers comfortable with how you are reacting, and your liability very low. You may never be sued over someone catching COVID-19 at your establishment, but not following proper guidelines could land you in a world of social media slandering that you could have preemptively avoided if you had utilized these methods of protocol.

What qualifies as exposed to the virus?

We have all seen the social media posts or heard whispers from our “In the know” neighbors saying, “Did you know someone tested positive at that location.” CDC guidelines state that persons deemed “exposed” are those who have been within 6 feet of a Positive Covid-19 person for more than 15 minutes.

What happens if an employee has been exposed to COVID-19?

If an employee has been in direct contact with a Positive COVID-19 employee, but is asymptomatic and has not been tested, they will need to quarantine from the date of exposure for 10 days. If symptoms appear within 10 days of isolation, a symptom-based strategy will implore an employee to not report back to work unless they are asymptomatic and without medication for symptoms.

What if an employee tests positive?

If an employee does test positive, then that employee will need to quarantine for ten days from the date of their positive test. After this, they will need to show that they have recovered fully from the effects of the virus. The CDC recommends that businesses take action if an employee has tested positive. Shutting down indefinitely is the last option you want to take, but there are many precautionary steps you can achieve that will put your customers at ease. If it has been less than 7 days since the sick employee went home, it is a good idea to close off any areas or stations where that employee might have spent a prolonged period of time working at. That employee should not return to work until they are in full recovery.

What defines recovery from the coronavirus?

In order to show recovery from the coronavirus, the employee will need to retest two more times, greater than or equal to 24 hours apart, in order to show that they have received two tests that were negative before returning to work. At least three days need to have passed since recovery, which is defined as resolution of fever without the use of fever-reducing medications and improvement in respiratory symptoms. One important aspect to remember is that, if an employee has visited a physician for care, the physician’s requirements supersedes the CDC guidelines.

What actions should you take to disinfect the store?

The CDC recommends waiting 24 hours before cleaning and disinfecting. This will minimize other employees being exposed to respiratory droplets. It is the best practice to open doors to the outside in order to allow as much air flow as possible during this 24-hour waiting period. If 7 days have passed since the employee that is sick has worked there, additional cleaning is not necessary outside of the usual routine process of cleaning and disinfecting of all high-touch surfaces in the facility.

What is the proper way for our business to fully disinfect?

 It is very important to clean surfaces with soap and water before disinfecting them. When disinfecting surfaces, the CDC recommends using products that meet the EPA criteria for use against SARS-Cov-2, the virus that causes COVID-19. Make sure to wear gloves and gowns that will protect you while you use these chemicals to clean. If you want to make the cleaning process more thorough, the CDC recommends hiring a cleaning company. Reach out to us on our Facebook, and we can recommend the one that we used.

Requiring current employees to get tested for COVID-19

Subject to the rules of the federal Americans with Disabilities Act (ADA) and similar state laws, requiring someone to get tested for the coronavirus is not in accordance with the law unless a manager must do so to preserve the safety of the workplace as well as the ability for that employee to perform their job. The EEOC has recently detailed that those with the virus, “will pose a direct threat of others.” When deciding to test, the CDC recommends using a resource that is accurate and reliable by checking the U.S. Food and Drug Administration and other public health authority websites for the latest information, including their own.

Should we close the Business?

The CDC has made it up to the store’s discretion as to whether they should close. We are certain that businesses will work hard to maintain safety protocols and keep their facilities clean. It is very important to remember that, beyond anything else, you are not alone in this. With change always comes discomfort, and it is going to take a long time to adjust to the differences of these new conditions. When the world changes, we must change with it.

The Orlando law Group is here for you. We take each conversation, each client, and each situation as they are presented to us. If you are looking for updates on COVID-19, make sure to check out our Coronavirus Legal Update Panel. We know that no two circumstances are exactly alike, and there may still be lingering questions you want answered. We will figure this out together one day at a time, doing the best we can for those we care about.

Stay focused, stay safe, and if you ever have questions, The Orlando Law Group is here to help. Never hesitate to reach out to us.

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houses

You Should Never Make These Real Estate Mistakes

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The Real Estate industry is filled with victories, losses, and mistakes. The fact that there are so many Realtors and so much business being conducted means that there is a high propensity for ingenuity as well as massive opportunities for pitfalls. You may have passed the Real Estate exam, and you may have a handful of experience on your resume, but that does not mean you have experienced it all. That does not mean that you are infallible. Whether you’re a Realtor working in the industry for the first time helping someone sell their home and upgrade or a seasoned investor looking to gain your next big investment property, these are great reminders of what not to do.

Over the years, many real estate and small business owners across the U.S. have witnessed numerous mistakes that have cost them thousands of dollars in overpaid taxes. We at The Orlando Law Group do not want that to be you (if it ever is call us). We want you to have a deep understanding of the mistakes people make before you must litigate. If you are looking to invest or simply finding ways to run your business like a business, never make these Real Estate mistakes:

Personal funds used for business and real estate expenses are nondeductible

If you are going to use your own personal funds to pay for real estate or business-related expenses, it is important that you are clearly tracking the expenses. Any expenses that are incurred for the business or for real estate are generally deductible, even if you use your personal money. The line between the two should be quite bold, and there should be distinct differences between personal finances and business finances. We have all heard of

Overpaying (Tipping) the IRS will make me “Audit Proof”

Rather than go over, or under, when dealing with taxes it is best to get it right. Err on the safe side and always pay exactly what you owe to the IRS. If you constantly under pay your taxes or cannot substantiate your deductions, then the IRS starts to take notice.

Even if you tip the IRS in one area, it does not necessarily mean the IRS will not make you pay penalties if you underpay in another area. Additionally, it is important for you to make sure to track everything correctly and have the right documentation. To ensure this, it would be best to have a knowledgeable tax advisor to help you with the process.

You are allowed more deductions by being incorporated

If you have a legal entity to operate your real estate business from, make sure to use it correctly. Forming a legal entity does not actually mean that you get more tax deduction. Real estate or business-related expenses may be deductible regardless of where it is paid from. Make sure that your income is being paid to your legal entity. If you need help setting one of these up, we are here to assist you. So many individuals think that they can run a business without being incorporated, but there are real advantages to going through the necessary steps. We can show you how.

Utilizing the Home Office Deduction Incorrectly

Currently, the above statement no longer applies. In fact, since there are so many people that work from home, the IRS cannot audit all tax returns claiming home office deduction. The key is to keep excellent records to satisfy the IRS’s requirements and you should avoid an audit. Make sure to benefit from the home office deduction, and if you have any questions about grey areas, reach out to us. We have worked with many individuals who run their business from a home office, some for many years of their life.

Claiming Deductions That Are Out of the Scope of Your Business

There are still ways to claim many deductions from your real estate business even if you do not take the home office deduction. Some of the items that you can still take deductions for include: real estate maintenance supplies, business-related phone bills, travel expenses, wages paid to contract workers for property improvements, depreciation of equipment used, and other home-based related expenses. Claiming items on your deductions can sometimes be treated like an art rather than a science. We recommend having a scientific, consistent, and tested approach. Never make assumptions by yourself, and include others’ perspectives to make sure you’re claiming the right items.

Filing an extension gives you an extension to pay any taxes owed

Even though filing an extension allows you to extend the filing date of your tax return, it does not extend the time you have to pay the taxes that are due. You still might be charged penalties and interests from the date your taxes are due if you have not submitted them on time. Make sure you set a schedule and keep to that schedule. If you need to, set reminders. Have business partners hold you accountable, and do not let taxes owed build up over time.

You Cannot Deduct General Expenses

Real estate investors have proven to be great at deducting property specific expenses such as mortgage interests, management fees, property taxes, and insurance. However, a lot of investors miss out on general and overhead expenses that real estate businesses have. These include car or travel expenses, marketing expenses, cell phones, and meals. If these expenses are directly related to your business, then they can be deducted. The key is having them planned and managed. With a good budget and great records, you will be able to successfully communicate where your business falls in terms of deductions.  

Everyone is used to filing taxes every year, but big businesses try to look at their expenses quarterly. Attaining tracking practices that will maintain good habits and records is vital to understanding what occurs financially over time. Without systems and processes that you hold onto, it becomes easy to have details fall through the cracks.

We at The Orlando Law Group want you to stay aware of the mistakes that others often make. They may seem simple, but when you are running your business, it is easy to get lost in the day-to-day tasks and forget about these overarching items. As always, when there are grey areas involved, it is best to consult a legal professional. We take taxes seriously, and so will the government. We have seen cases where, if the business had been more preemptive and planned better, they would not be in the middle of an audit. This is only meant to encourage you to have a plan, know the pitfalls, and when you need advice, call us. We want to help, and we are here to make your life easier and your business that much better.

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commercial leases

Commercial Leases: What You Need to Know Right Now

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Courts have been slow to reopen and deal with eviction issues. Commercial lease evictions are able to continue, but practically they will still take time to get through the courts, so now is the time to try to work things out if possible to save time, money, and stress. Some considerations to think about with your commercial lease are as follows: 

Considering How Shopping Center Commercial Leases are Unique  

The fact that shopping center leases have co-tenancy provisions makes them unique and could grant tenants more options in court. The goal of this co-tenancy is to ensure that stores do not miss out on opportunities because other stores are closing and causing a continual downswing in foot traffic. In terms of the battle between landlords and tenants, tenants may have a potential argument that the landlord has not fulfilled its co-tenancy obligation. 

It is important to note that one of the factors that many tenants’ arguments will stand upon is whether COVID-19 indeed prevented them from paying their rent. One of the considerations that many landlords are taking is the potential to fill the spot that would be left vacant.

Factors that will affect such decisions include supply and demand as well as how desirable the location is. It may even be more advantageous for landlords to settle disputes out of court, but we are certain once the moratoriums subside, the courts will see an influx.   

What Exactly Is Co-tenancy and How Could It Apply?  

When more than one entity has an interest in a property, co-tenancy agreements usually apply. In commercial property, many times increased traffic will cause businesses to be more successful over time. The inverse is true as well, with businesses that are forced to shut down causing damage to the potential of the stores that are left.

Many times, to assist with the finances of these stores, landlords will lessen the rent of the co-tenants. It is all up to the landlord and the documents that the businesses signed when they first decided to become situated in that location.

Complicating matters more is the fact that PPP Assistance may give a business the appearance of operating at a standard level when foot traffic is drastically lowered because of rising positive COVID-19 tests.  

With a lack of pandemic provisions written into leases, landlords and tenants are having to get creative with the options that they are afforded. Co-tenancy has often been used to help businesses that are suffering due to the lack of success from an adjacent commercial listing.

However, what happens when an external factor is causing many of the businesses to suffer? It may just be that a battle is looming on the horizon between landlords and tenants, and every month we get a little bit closer to that battle becoming our reality.  

What Options do Landlords Have? 

Although landlords are in a predicament when it comes to shouldering tenants that are not paying rent, there are many points to take into consideration before filing for eviction.

For the high-end shopping centers, they may have the footing to stand on, mainly because filling the empty location will not be as difficult. For areas with less foot-traffic, landlords may be encouraged to work with their tenants.  

Depending on the language found in the contracts signed between the owner and the occupant, some owners have been able to offer concessions to assist their tenants during this time; however, many are not going to be able to make such offerings.

Some have speculated that eventually, owners may turn to lenders to try and gain permission to offer concessions. The fact remains that all three parties are in a mode of cautious speculation over what options they may have to maintain some semblance of the bottom line when it comes to their businesses.

Although insurance does not usually cover pandemics, that could change down the line. Lenders are looking at options that involve insurance that would help landlords and, in turn, help their tenants through difficulties that are out of their control, such as a pandemic.  

An important factor is assistance afforded by the PPP loans from the Cares Act. Even with an extension and another assistance check, the potential ending point could be early August when the program is set to expire.

We could be looking at many agreements being modified and tensions rising between landlords and their tenants as that time approaches. Once the PPP loans expire, we will be seeing an entirely different operating pattern for landlords and the businesses they rent to. That dreaded conflict could create many vacancies and fluctuations in the commercial market. We must be ready.   

A Wave of Litigation on The Horizon  

We believe that, although you can stave off conflict, many times it is only buying time that will eventually run out. With difficulties being placed on both sides, we certainly predict a wave of litigation concerning these issues.

Our recommendation is to cross these bridges before they are at your feet. One of the best practices you can have with the businesses you work with is to have open lines of communication. Of course, when relationships become too contentious to resolve certain complications, it becomes necessary to have a legal professional help.  

Being situated where we are, The Orlando Law Group is keeping our focus on what we can do to help commercial businesses and their landlords through this difficult time. It could be the simple act of looking at your documents to have a deeper understanding of the potential you will have when facing mounting litigation. 

When there is no easy answer, the law is there for us to rely upon, and we are remaining cautiously hopeful for the future. Businesses will have to adapt as well as their landlords, and as we go through this change, we will find new ways to protect the financial future of our endeavors.   

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paid leave

Navigating the Gray Areas of Paid Leave: What You Need to Know

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One of the goals of the Families First Coronavirus Response Act is to help assist families who are having to alter their normal ways of living due to canceled plans. One of the big areas to cover is paid leave, and what situations can qualify for effective paid time off. 

  1. Summer Camps Cancelling their Plans

If the parents were planning to send their child to summer camp, and that camp canceled due to COVID-19 complications, how can the parent take care of their child? The U.S. Department of Labor said Friday that workers could indeed take Federal Coronavirus Leave, up to ten weeks off at partial pay. Wage and Hour Division Head, Cheryl Stanton, mentioned this in a letter discussing possible employer violations. A complicated matter on both sides, there will most likely be parties trying to take advantage during this time, and clarity will be a powerful factor in determining if the worker does qualify. In this article, we discuss the details that go into qualifying for paid leave.  

  1. Setting a Clear Stage of Planning 

One of the biggest ways to get this right is by showing true proof that, if the current situation had been normal, your child would be enrolled and attending a summer camp. With the Families First Coronavirus Response Act, the first Federal Mandate was established, stating that employers with fewer than 500 employees must give workers short-term paid sick time for reasons associated with COVID-19, as well as long-term paid leave in order to care for children whose schools or childcare facilities are closed. The ruling took place on April 1st and will expire at the end of the year. 

  1. Getting the Exact Numbers Right

According to the FFCRA, if an employer has 500 or fewer workers, they must provide them with up to two weeks of sick leave at full pay, up to $511-per-day cap, if they are directly affected by COVID-19, and at partial pay, up to $200 a day, to care for affected family members. According to the law, there are six qualifying reasons for leave. The employee may qualify for sick leave if the employee is

  1. Subject to a Federal, State, or local quarantine or isolation order related to COVID-19
  2. Has been advised by a health care provider to self-quarantine related to COVID-19
  3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis
  4. Is caring for an individual subject to an order described in (a) or self-quarantine as described in (b)
  5. Is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19
  6. Is experiencing any other similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury. 

As the level of cases fluctuates, these rules are having to be executed to give direction to a nuanced situation. The importance is being placed upon clarifications, and many individuals are still not certain about what rights to utilize to take time away from their job and care for loved ones.  

  1. Adding Clarity to the Situation

One of the important clarifications made was that the FFCRA’s 10-day emergency paid leave can be taken on top of any existing paid leave that an employer already provides. An area where they have expanded the law is the age of the child that is being cared for by the parent. Although the statute says that workers are eligible if they have to be home to care for a child who is under 18, the Department of Labor clarified and stated that the law will also cover children who are over 18 but have a physical or mental disability that requires a kind of care that is made unavailable because of the recent COVID-19 related shutdowns. 

These alterations are in accordance with being able to successfully carry out the law. The law does state that the individual whom the worker is taking care of must be a family member, someone living in the same household, or someone with a quality of personal relationship where there would be an expectation of care from the employee. 

As you can see by the detailed, specific language utilized, the propensity for someone to game the system could be high, and that is why having all of the facts aligned in your favor will be so very important. Establishing the concrete details that solidify the individual as having a personal relationship and needing your care will be vital to receiving your payment. 

  1. Does the child have to be fully enrolled in the camp? 

Not necessarily. Although it is encouraged to not rely on any grey areas, it is potentially acceptable if your child is on the waiting list to get into a camp. However, it is very important to note that simply having the desire to send them to camp will not suffice. There needs to be a plan, and evidence that the plan was to be carried out until mitigating circumstances prohibited the camp from occurring. 

Another option the law allows for is up to 10 weeks off at partial pay, up to $200 per day, to care for children whose schools or childcare centers have closed due to COVID-19. For the employers that are covered under the law, they are encouraged to seek reimbursement of the qualifying leave through tax credits. 

  1. What about companies with 50 or fewer employees? 

For those companies that have 50 or fewer employees, they may be exempt in terms of having to provide leave. This is stipulated upon how essential the worker being present is in terms of upholding vital business operations. 

As you can see, and as there usually is with new, unprecedented legislation, there are many angles and grey areas to consider. The catch 22 of having businesses struggle alongside their coworkers could potentially place them at odds with one another, and this is something that we want you to be aware of and ready for. 

Having your information in alignment and accordance with the latest laws will be to your benefit. As always, The Orlando Law Group is here to help you through your specific situation. Although similarities exist, your world is your own and will require a specific interpretation of how the law applies. Our attorneys treat you as an individual, and we will not stop fighting for your rights to the time and money you deserve. 

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unbreakable lease

Unbreakable Lease: Orlando Student Files Lawsuit for Refund

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With what has been going on in our world lately, our daily lives have been interrupted in ways we cannot underestimate. One industry that has been affected is college living. With colleges moving towards virtual learning to stay healthy and cautious, students have been forced to leave their dorms and suddenly break their agreements.

Trapped in an Unbreakable Lease

Imagine being trapped in a rental agreement that you could not break with the stress of a semester upended. That is the reality that many students face, and they are beginning to file lawsuits to fight back.  

Right down the street from The Orlando Law Group Waterford Lakes office near the University of Central Florida, a class action suit has been filed against a Georgia-based, off-campus apartment operator. Incongruent to what the University has accomplished (they refunded housing money for university-run dormitories), Preferred Apartment Communities Inc. had failed to refund rent paid by students who returned home when campuses closed the middle of March.

Those students are paying monthly rent for a location they are not living in, and for those who have lived near campus, they will attest to the fact that those payments are not low.  

They are not alone

In Colorado, students are suing their University for fees that cover services they are no longer receiving due to the pandemic, which has paused on many parts of the campus.

Many of these dues account for the student recreation center, transportation, sports events, and the performing arts center. A local attorney representing the students highlighted the fact that colleges should be held to the standard of any other business. If students are not receiving services, they should not be paying for them.  

For the suit that is being filed in Orlando, the client’s mother pays $810 for her daughter’s room at The Retreat. The complex is closely tied to the University and has a technology center, sports facility, a sauna, club room with pool tables, and a coffee bar.

This is highly relevant, as Preferred Apartment Communities stated in a letter that all fitness centers and inside amenity spaces would be shut down. They would only open if emergency repairs needed to be made. Later that month, on March 26th, the housing complex released a statement saying that though they were sympathetic to the hardships brought about by the pandemic, lease agreements would not be altered. They then proceeded to collect rent for March, April, May, and June.  

Making a difficult time worse

The Lawyer who represents the student stressed for students and families; the defendant is making a difficult time worse by prioritizing profits over protecting its reputation as a company that cares for its clients. When a tenant breaks a lease, it will hurt their bottom line, but how long can students maintain paying for a space they are not currently living in? 

It is unclear how many students have had to return home, but one can assume that this is not an issue within a vacuum. Campuses and the apartment complexes that surround them have begun to encounter these complications. Although there are procedures to prevent eviction, there are not many rules in place for early lease termination as a direct result of the pandemic.  

Of course, like most controversial issues, there are always two perspectives. A lease is a legally binding contract. Although a moratorium has been placed on evictions (note that the moratorium only staves off the eviction process and does not prevent it), it does not exclude someone from the obligations placed upon them because of their lease.  

Colleges can only provide limited help

Although colleges cannot stand between an off-campus apartment complex and the students who live there, they are trying to help by providing tips for anyone struggling. Indiana University gave its students advice on what to do if you must leave your rental unit early because of the COVID-19 virus.

They highly recommend having all communications done in writing and fully communicating to your landlord your situation. If your landlord agrees to lease termination, be sure that you get it in writing. Specific actions such as cleaning the unit before you leave, removing belongings entirely, and arranging to turn in your keys can help lessen the potential payment you have to make when breaking your lease. Still, unfortunately, such actions might make zero difference in the long run.  

Consequences of an Unbreakable Lease

The consequences of breaking your lease could be vast and progressive. Lawyers speculate that once the eviction ban expires, landlords will sue to gain possession of their apartments and seek payment for rent that was unpaid. If you are sued, it could damage your credit, making it harder to own or rent a property in the future.

Landlords can be skeptical of who they decide to rent to, and if they see public records reflecting nonpayment for rent, this could be a dealbreaker. If they choose to work with a collection agency, this could damage your credit score. It is truly a complex issue with many angles to consider.  

What can we learn from this situation? Legally speaking, contracts are like tools, each has a use, and each has restrictions and limitations as to how it can be used. We highly recommend starting any complex analysis by taking a deep dive into the language found in the documents that were signed. Sit down with a lawyer (preferably one of ours), to discover how the language in those contracts affects your situation.

Wrapping up

When a complex issue arises, both parties feel they are in the right, and both parties stand to lose value they feel entitled to. For the companies that rent to students, they are apprehensive of the mass exodus that would occur if they allowed their tenants to terminate their leases. For the students, paying rent for apartments they do not inhabit is a luxury they cannot afford, but it may be one they inevitably have to pay.  

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Changes to the Paycheck Protection Program

The Paycheck Protection Program Has Changed

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The Payment Protection Program underwent changes on June 16, 2020. With these changes brings more flexibility and potential uses for borrowers. We at the Orlando Law Group want to keep you up to date with the assistance that is being provided, and below, you will find some valuable points that you need to know about the new PPP loan forgiveness application terms. If the Paycheck Protection Program has changed, we need to stay up to date and apprised to the situation. Below, you will find updates that

Extending the coverage period of the paycheck protection program

Starting off, borrowers may choose either an 8 week or 24 week coverage period where they can spend their PPP funds.

When they opt for the 8-week stipend, the maximum compensation amount is $15,385 for non-owner employees. For the 24-week stipend, the maximum compensation amount is $46,154.

Employees who are business owners, general partners, and self-employed individuals get a maximum compensation amount of $15,385 and $20,833 for the 8 and 24 week coverage period, respectively.

It’s up to the borrower which coverage period they think is best (8 or 24 weeks). At first glance, it may seem that the compensation period of 24 weeks is better as it gives the employees more time to use their PPP funds; however, the employer must maintain his or her employment levels as stated in the pre-COVID 19 references for the same length of time.

Borrowers may decide to apply for the PPP loan on the following periods- January 1, 2020, to February 29, 2020, or February 15, 2019, to June 30, 2019. The period that has a lower employee number can be more advantageous for employers.

Full-time equivalency or FTE calculation will be used to determine employment levels.

Which coverage period makes the most sense?

In the same vein, employers must take measures and refrain from reducing compensation to more than 25 percent of earnings in their most recent employment quarter, usually January 1 to March 31, 2020.

If a business remained operational and he or she has paid their employees recently, then the 8 week coverage period would make more sense to utilize as they would not need to reduce their employees’ salaries or fire them in the future. On the other hand, if a business was closed and the employer did not pay its employees recently but intends to open after the restrictions are lifted, then it makes more sense to choose the 24-week coverage.

It’s important to note that the major factor in determining forgiveness is average FTE or full-time equivalency. Borrowers can compute this by adding up all weekly paid hours and dividing that by forty and rounding it up to the nearest tenth. The ceiling per employee must not exceed 40 hours.

an alternative way to compute Full-time equivalency

An alternative way to compute for FTE is by assigning a value of 1 for employees who work 40 hours a week, while employees who work less than 40 hours per week are assigned a value of .5

Borrowers may use similar methods when calculating full-time equivalency in qualified reference periods and when comparing numbers in the coverage period.

Take note that there are safe harbors in place which can reduce FTE without affecting PPP loan forgiveness. An example of where it can be applied is when an employer is unable to rehire employees for valid reasons.

designing the paycheck protection program to be flexible

The Payment Protection Program is designed to be flexible and can accommodate different employment factors and situations. Computing for PPP forgiveness can either be simple to extremely complex depending on your business’ circumstances.

As the economy shifts, so will the rules behind these programs that are aiding individuals and businesses that have gone through strife. We want to make sure that you have the most up to date answers and will be monitoring the situation to see what the future brings. It is important to note that if you have questions about the intricacies of these forgiveness programs, do not hesitate to reach out to us at The Orlando Law Group. We are truly here to listen, to care, and to solve.

If you have questions regarding what is happening regarding

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Community Associations Navigate COVID-19

Community Associations Navigate COVID-19

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The role of a Community Association Manager is both innately complex in how it gets done, but also quite pointed when it comes to the main objective: to ensure increasing connectivity and value within the community. Attorneys can play a big role in how they help. There are many legal crossroads that can make navigation complex, and that is where a great lawyer can help you through the process. As one might imagine, COVID-19 has placed upon us new challenges to overcome. In this article, The Orlando Law Group is here to help Community Associations navigate COVID-19 and any hurdles they may be facing.

We are always striving to become your source for information that can help you navigate these crossroads, and below, you will find some questions and answers to help during this time. If there is something specific that your community is undergoing, do not hesitate to reach out to us. So many times, people have niche problems that require specific answers. What if someone tests positive within the community?

What if someone tests positive for Covid-19 within the community?

There are really two perspectives of thought if someone tests positive for Coronavirus. On one hand, you must have the community’s best interests in mind, but you must also protect the privacy of the individual. If the individual gives permission, you can disclose their name. This can be specifically helpful because it will allow anyone who believes they have met that individual to get tested as well.

What if the person wants their identity kept from the community?

If that person wants to be kept anonymous, you still may want to let the community know that an individual has tested positive. This will allow them to take more precautions and at the very least be aware. You want to avoid potential liability if a board becomes aware of a concern and simply fails to notify the community in any way. Silence simply could result in damages and liability, which we want to stave off at all costs.

How should Community associations navigate shared facilities during this time?

You might be asking yourself, what about our gym? What about the common areas? It all depends on whether the board feels that closing those facilities down will preserve the health of the community. No matter what the action, it should always be done because it is in the best interest for the owners and people that live there. If such actions are executed, clearly written notifications should be produced.

Should this affect the Association’s collections?

One of the complications that COVID-19 has placed upon us is the fact that many are out of work and are struggling financially. As Community Associations navigate COVID-19, they must stay sympathetic yet strong. The hard truth is that because collections are a part of the annual budget, they cannot be waived. We recommend carrying on with collections as usual, and if special circumstances are needed, apply them as temporary assistance only. The money owed cannot and should not be waived no matter how hard the struggle may be, only to preserve the fairness of what is written in the agreements that have been signed by the owners.

How Should community Associations navigate potential renovations?

For the time being, having contractors enter the community may be on an emergency basis. Although it may be a complicated issue to navigate, the risk of having COVID-19 spread could be very dangerous indeed. Activities such as open houses and showings should be avoided, and work on the property should only be accomplished if it is necessary.

Although we are beginning to enter Phase Two of getting back to business, we want to remain cautionary with our approach. It is very important that you remain in good communication and dialed in to what your community needs during this time. If complications arise, you can be ahead of the game if you are clued into what is on their minds.

As lawyers, it is our intent to help clients navigate complicated issues, and many times that involves being caught between two objectives. With COVID-19, keeping the community thriving as well as safe and healthy are very important aspects of what Community Associations aim to achieve. We want you to stay encourages as your Community Association navigates COVID-19 during this time. How are they accomplishing their goals?

The points above are just the beginning of our journey back to normalcy. It will take time, and there will be hurdles that we face along the way. It is important to remember that, with a moratorium placed on foreclosures and evictions, we could be facing all kinds of complications in time. Having processes and procedures in place to be ready for all possible outcomes will benefit us in the future. As Community Associations navigate COVID-19, The Orlando Law Group is always here to listen, to care, and to help you solve any problems you may be facing. Give our HOA Page a look for more information regarding Homeowners Associations for examples of services we provide.

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Paycheck Protection Program Flexibility Act

[Advisory] Understanding the Paycheck Protection Program Flexibility Act

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Here is a round-up of what we know about the Paycheck Protection Program Flexibility Act that was signed into law this past Friday.

President Trump signed into law the Paycheck Protection Program Flexibility Act (PPPFA) with the intent of easing requirements for loan forgiveness under the PPP loan program.

Here is a brief review of what is included in PPPFA:

Changes in the required spend on payroll

The requirement to spend 75% on payroll costs has been adjusted to 60%. The requirements for using the remaining 40% (formerly 25%) have not changed; intended use includes rent/mortgage payments and utilities.

Increase in the timeframe to spend the loan proceeds

The PPPFA extends the time to spend loan proceeds from 8 to 24 weeks.

Since the PPP loan calculation included the average of monthly payroll costs in 2019 multiplied by 2.5, providing more time to use the funds should allow businesses some breathing room to spend the loan proceeds on qualified expenses. 

Important notes on the PPP loan compensation

The timeframe to apply for forgiveness has not changed; businesses can apply for forgiveness as early as eight weeks after receiving proceeds.  

The deadline to rehire employees is pushed back to December 31, 2020, giving employers a bit more flexibility in getting wages to count towards forgiveness.

The requirements to rehire employees have also been eased. However, employers need to document carefully, in writing, attempts to rehire an employee who rejected the job offer. 

If an employer can demonstrate an inability to hire a similarly qualified individual, the business may still qualify for loan forgiveness.

If a business is unable to return to the same level of activity that was engaged before February 15, 2020, the business may still qualify for loan forgiveness.

Extension on repayment

The terms for loan repayment have been extended from 2 years to 5 years. The repayment schedule now defers the first payment for six months after the SBA makes a forgiveness determination

The loan repayment term is extended from 2 years to 5 years. The first payment will be deferred for six months after the SBA makes a forgiveness determination.

PPPFA allows businesses to take advantage of deferring the employer’s payroll taxes. Initially, the CARES Act did not permit deferment on the forgivable portion of the loan. 

The deferrable amount is the employer’s portion of social security taxes that would have otherwise been due between March 27, 2020, and December 31, 2020. Now, 50% can be deferred until the end of 2021, and the remaining 50% is due by the end of 2022.

Breathing room for business working to operate at 2019 levels

This new law appears to be a step in the right direction. For companies that have been unable to perform at the same levels as in 2019 and early 2020, this law provides some breathing room. 

In the hands of the SBA

It will be up to the SBA to interpret the Paycheck Protection Program Flexibility Act. Our recommendations on moving forward include meticulously documenting every financial transaction in your business and making sure you pay close attention to the expenditures that qualify for loan forgiveness.

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extensions to the cares act

How Extensions in the CARES Act can Help Hurting Homeowners

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COVID-19 has changed our lives as well as our livelihoods. Income sources have taken a massive hit, and with that, rules are having to change, deadlines are having to be extended, and significant changes are being implemented to help families survive during this stressful time.

Although a phased approach is being taken to open the economy back up, it will be a long road back to normalcy and the financial status many maintained before the coronavirus pandemic. 

Specific extensions in the CARES Act are designed to help. 

The article below details some points about the CARES Act that are important for homeowners.  

Section 4022 – Moratorium on Residential Foreclosures 

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief and Economic Security Act of 2020, also known as The CARES Act, which provides for financial relief due to the COVID-19 Virus Pandemic. This Act is put into place to do precisely what the name implies. The CARES Act provides care for this who are struggling because of the stress of a halted economy. 

Section 4022 focuses on homeowners and provides a moratorium on residential foreclosures for borrowers with federally backed 1-4 family mortgage loans. It addresses the right of a homeowner to request forbearance from payment on these loans.  

Understanding the Requirements – Extensions in the CARES Act Regarding the Foreclosure Process 

The requirements only apply to federally backed mortgages, which are loans insured or guaranteed by FHA, VA, USDA, or loans that are owned or securitized by Fannie Mae or Freddie Mac. The moratorium does not apply to vacant or abandoned property or private bank loans. Under the Act, no mortgage servicer of any federally backed 1-4 family mortgage loan is permitted to do the following beginning March 18, 2020, and ending May 17, 2020; and now further extended until June 30, 2020: 

  1. Initiate any judicial or non-judicial foreclosure process; 
  2. File a motion for foreclosure judgment or order of sale; or 
  3. Execute a foreclosure-related eviction or foreclosure sale. 

Related: View our COVID-19 Legal Information and Recommendations

Utilizing the Extensions – Requesting a Forbearance 

Section 4022 also allows a borrower on a federally backed 1-4 family mortgage loan to request forbearance from payment up to 180 days with the right to request an additional 180-day extension. Section 4023 allows a borrower on certain federally backed multi-family mortgages to request forbearance for up to 30 days with two 30-day extensions. During the term of forbearance, a tenant cannot be evicted or charged late fees. Section 4024 establishes a temporary moratorium on eviction filings for particular single and multi-family housing. During the above referenced period beginning on March 27, 2020, a lessor cannot initiate an eviction for nonpayment of rent. After the moratorium period, the landlord may not evict a tenant unless a 30-day notice is provided to the tenant. 

Governor DeSantis also issued Executive Orders 20-94 and 20-121, consistent with the CARES Act, extending the foreclosure moratorium to all foreclosures and tolling residential evictions until June 2, 2020, but did not waive the obligation to make scheduled payments. Many Florida judicial circuits have also entered administrative orders which limit or prohibit foreclosure and eviction actions. These are meant to stave off the process and help families who are struggling to make ends meet.  

What About Title Derived Through Foreclosure? 

As a result of the federal and state law foreclosure moratoriums, until further notice, you are required to obtain approval from Underwriting to insure the title or issue a policy based on a foreclosure action where the certificate of title or writ of possession was issued after March 18, 2020, but before the expiration of the CARES Act and Executive Orders 20-94 and 20-121, now on June 30, 2020.  

Additionally, title to any property derived through a foreclosure initiated during the effective period of the CARES Act and/or Executive Orders 20-94 and 20-121, will not be insurable. 

As deadlines get pushed, and laws get stretched to allow for more financial breathing-room, it is essential to keep in mind how these rules apply to your specific situation. We have many questions that come into our office, and we are always honored to take the time and help someone gain clarity. Sometimes, legal rulesets can become cumbersome. That is why our lawyers are professionals at translating the legal jargon into a crystal-clear understanding of the law.  

We are here to help you understand how these rules can apply to you. If you have questions, do not hesitate to reach out to us. We can, and we will help you through it. 

Critical Advice: Selling Your Home During COVID-19

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the orlando law group

What to do now if there’s a chance of future bankruptcy

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Filing for bankruptcy is on the minds of many people right now. For some, it’s clear that the only solution available to free them from financial hardship is bankruptcy. For others, it might not be a consideration, but should it be?

If you have recently lost your job or the current economic conditions are making it difficult or impossible to pay your debt, it might be advantageous to file for bankruptcy.

In either case, whether you know that bankruptcy is your only option or it is just entering your thinking, it is time to planning strategically. You might need to forget about conventional advice on money management and begin thinking differently. 

We’ll explain.

It should be no surprise that we are having this discussion as a result of the coronavirus pandemic. The virus and COVID-19 have caused staggering numbers of people to lose their jobs, businesses to shutter operations, and economies around the world to topple. 

Some suggest that it could be a year before we see signs of recovery. Maybe longer by some estimations.

So what does this mean for you or your business? If you or your business are struggling to stay afloat, is a bankruptcy on your list of options?

If bankruptcy is in your plan, and it probably should be, here are the things you should be doing right now.

Talk to a bankruptcy lawyer as soon as possible

If you currently cannot pay your debts or you believe that you will soon face insurmountable financial hardship, now is the time to seek out a bankruptcy attorney. A reputable and ethical bankruptcy attorney will offer a free consultation. You will need to understand the types of bankruptcy available to you, the attorney can help with that.

The move that most people make when money gets tight is to get the advice of a financial planning expert. But if bankruptcy is a real possibility, your best move is to speak with a bankruptcy lawyer as soon as possible. 

The people who do best after bankruptcy are typically those who worked with a legal expert well in advance of filing. 

The strategies you need to employ before filing for bankruptcy are unique to your situation. With the help of a bankruptcy attorney, you’ll be more prepared for what will happen before, during, and after the bankruptcy.

Need to speak to a bankruptcy lawyer? Start here.

Clearly evaluate your situation and don’t rush to file bankruptcy

One of the biggest benefits to working with a bankruptcy lawyer well before filing is the knowledge about the process that professional counsel can share. 

Because there are time restrictions on how often you can file for bankruptcy, you’ll want to make sure you are in a position to get rid of the maximum amount of debt. 

Also, it is essential to consider what might happen if your financial position changes between now and filing for bankruptcy. If your situation improves, should you back out of filing? If it worsens, should you file more quickly? 

Working with an experienced attorney will help clarify the answers to those questions and give you peace of mind as you move forward.

If you have a large amount of cash, it’s time to protect it from creditors

Many people do not realize that if you have stockpiled cash in a checking or savings account, that money can be seized to pay your financial obligations to creditors.

Protecting the money you have is critical.

A bankruptcy attorney might advise that you move that money into something like an individual retirement account. In broad terms, if you were to put the money into a Roth IRA, you could still get access to the money if needed and it would be protected from creditors.

Resist the temptation to sell things to pay your debt

If there is even a chance that you are going to be declaring bankruptcy, selling unused or underused possessions to pay credit card or other debt should be taken off your to-do list. 

Why? When you complete a bankruptcy, you will have erased your debt. Paying that debt before filing might feel like you are doing the right thing. But the money you could get from selling things might be better used after the bankruptcy.

Leave your retirement plan alone

It might be tempting to consider taking money out of your retirement accounts to pay debts, student loans, or other secured and unsecured debts. But this is generally something you want to avoid.

Even before coronavirus, bankruptcy lawyers would advise leaving your retirement funds intact because they are generally protected from creditors.

Also, there are new retirement fund coronavirus hardships withdrawals which let people acquire up to $100,000 from their 401(k)s or IRAs without penalty. And while these withdrawals are taxable, if they are paid back within three years there are provisions to reverse that tax.

The problem is, if you are facing bankruptcy, it’s likely that you will not be able to pay back the withdrawal. So, using that money to pay down debt could create further financial hardship in the future. It’s a good idea to avoid that.

Tirelessly explore your forbearance options

If your financial future is cloudy and you are unsure if you will quickly get a job or be re-hired by your employer, exploring forbearance options is important.

In forbearance, a lender will allow you to skip some payments on your loan. Skip does not mean that those payments are erased, but instead means that those payments will need to be made in the future. 

If you are a consumer filing Chapter 7 bankruptcy, your unsecured debt like credit card debt will be eliminated. Secured debt like your car loan or mortgage generally will not be erased. Forbearance on secured loans like these can offer a bit of financial breathing room and allow you to use the money you have to pay for the absolute necessities like food and utilities. You might also need the money to pay your bankruptcy lawyer’s fees and filing fees. 

A bankruptcy lawyer can explaing your forbearance options? Start here.

Do this right now

It should be clear that if bankruptcy is even a remote possibility for you, there are many steps you need to take. Being strategic and moving away from the advice you might get in credit counseling will often make things better for you during your bankruptcy proceedings. 

Debt relief is on the minds of just about everyone right now. If this is you, talking with a bankruptcy lawyer is something you should do right now.

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re-opening associations

Opening Up Phase One: A Guide to Re-opening Associations

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As we enter Phase One of re-opening Florida, a question in all of our minds is, how does this affect re-opening associations and our communities? As managers and board members, we are sure you are getting a lot of pressure from both ends of the spectrum. On one end, protect the residents, and on the other, open everything up! While managers and board members certainly have no legal obligation to guarantee the health and safety of their residents, there is a degree of care that is expected given that the Association is responsible for the maintenance and the running of the Association amenities. The Association can be held liable for negligence for failure to take precautionary steps in light of foreseeable harm. 

It is accepted that we are amid an international healthcare crisis that has been acknowledged and addressed by our National and State Government officials. With guidelines from the Center for Decease Control (CDC) and State officials, it is reasonable to expect that residents would have a right to hold a Manager and their Association board to a Duty of Care comparable to those standards.    

While the board does have the authority to shut the Association amenities down, per the DBPR issued Emergency Order 2020-04 (Florida Statute 718, 719, 720 Board Emergency Powers have the same application under this order as they do under the Statute), we are not saying this is always in the best interest of the Association. 

It is a case by case situation and will depend on the amenity, the resources of the Association, the Association documents, the location of the Association, and the particular circumstances affecting that Association. Below are some general guidelines to assist you with beginning your “reopen” discussion. However, we strongly recommend you speak with your attorney before implementing any plan. 

Phase One: A Guide to Re-opening Associations Step 1: 

Are you insured? It is crucial that the Association contact your insurance agent and determine what exposure the Association, the board members, and managers have by reopening the amenities. Some policies do have bacterial exclusions, but most policies do not have viral or infectious disease exclusions.  

Phase One: A Guide to Re-opening Associations Step 2: 

Create specific guidelines for each amenity within the Association. Generalized instructions and waivers are easy, but also create more of a gray area, opening the door for potential claims against the Association. Having specific guidelines and exemptions for each amenity shows that the Association took the extra steps to ensure that the residents were aware of the particular restrictions for that amenity and accepted and agreed to abide by the rules for that specific amenity. 

Tennis Courts/ Racketball Courts  

  • Require residents to sign a waiver/ disclaimer before use 
  • Post guidelines/rules next to court 
  • Remove observation seating 
  • Limit playtime to allow usage by maximum residents and consider a signup sheet with time slots to avoid gatherings  
  • Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
  • Require proper social distancing of 6’ at all times 

Swimming Pools  

  • Require residents to sign a waiver/ disclaimer before use 
  • Post guidelines/rules next to the pool and within the pool area 
  • Remove all pool furniture and suggest residents bring their own if desired 
  • Close off all areas except the pool and direct access to the pool 
  • Limit the number of residents allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
  • Consider a signup sheet with time slots to avoid gatherings and disappointments.  
  • Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
  • Require proper social distancing of 6’ at all times 
  • Consider having an Association attendant at all times the pool is open to ensure the rules are being followed. 

Community Workout Room  

  • Require residents to sign a waiver/ disclaimer before use 
  • Post guidelines/rules next to the workout room and within workout room 
  • Require face mask to be worn when not working out 
  • Require personal gloves to be worn at all times 
  • Limit the number of residents allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
  • Consider a signup sheet with time slots to avoid gatherings and disappointments.  
  • Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
  • Require proper social distancing of 6’ at all times 
  • Consider having an Association attendant at all times the workout room is open to ensure the rules are being followed and equipment is wiped down after each use. 

Basketball Courts  

  • Because basketball is a contact sport, we are recommending at this time that basketball courts remain closed. 
  • You can consider removing the rims to ensure that no play will be permitted. 
  • Post clear signs that the court is closed until further notice 

Playgrounds 

  • We are recommending at this time that playgrounds and child play areas remain closed. 
  • Post clear signs that the playground/play area is closed until further notice 

Spa/Jacuzzi  

  • We are recommending at this time that spas and jacuzzies should remain closed at this time. 
  • Post clear signs that these facilities are closed until further notice 

Restaurants  

  • We are recommending at this time that these should remain closed at this time. 
  • Post clear signs that these facilities are closed until further notice 

Clubhouse Meeting Rooms  

  • Require residents to sign a waiver/ disclaimer before use 
  • Post guidelines/rules next to the facility and within the facility 
  • Require face masks and gloves to be worn when appropriate 
  • Limit the number of residents/guests allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
  • Consider a signup sheet with time slots to avoid gatherings and disappointments  
  • Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
  • Require proper social distancing of 6’ at all times 
  • No gatherings of over ten individuals at this time per State requirements 
  • Consider having an Association attendant at all times that the facilities are open to ensure the rules are being followed and facilities are properly cleaned after each use. 

Dock  

  • Require residents to sign a waiver/ disclaimer prior to use 
  • Post guidelines/rules next to the dock and along the dock 
  • Require residents to wear face masks 
  • Limit the number of residents/guests allowed at a time to adhere to the social distancing guidelines and consider a maximum time limit to allow all residents an opportunity to enjoy the facilities.  
  • Provide disinfectant wipes and hand sanitizer or require residents to bring their own and wipe down all equipment after use 
  • Require proper social distancing of 6’ at all times 

Your primary objective as managers and board members is to ensure the wellbeing of the residents of your Association. Our objective is dual-focused, the safety of the residents, and also the protection against liability of the Association. Please apply best practices and proper risk management. Speak with your attorney and get an action plan together prior to opening up your amenities to your residents. It will be in the best interest of you and the residents of your Association. 

We hope you all stay safe and healthy.  

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Phase One

Opening Up Phase One: The Rules That You Need to Know

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Today, we have officially entered Phase One of reopening, and as one would expect, there is much anticipation for things to “go back to normal.” We want to stress that this is going to be a very gradual move back into normalcy, and we want to ensure that you understand what this phase entails.  

There are still severe measures being taken to help flatten the curve, so we want to encourage you to maintain these regulations. If you are a business, it is a good idea to print this blog off and go over it with your employees. It is only natural that there is still some degree of difficulty with a new normal, and to create a habit, one must consistently remind themselves of the ruleset.  

One way we stay strong and focused on these regulations is reminding ourselves about the bravery of the first responders and medical staff that are working so hard to keep patients healthy and safe. It is a simple way to stay motivated as well as embolden the significance of the points below. As always, if you have questions or concerns, our lawyers remain at the ready to help.    

Effective today, May 4, 2020, Governor DeSantis’ Executive Order 20-112, shall entail the following: 

Restaurants and Food Establishments. Restaurants and food establishments may allow customers to eat and drink on the premises, as long as they adhere to social distancing guidelines and limit their occupancy to 25%. This 25% calculation does not include employees. Outdoor seating in a restaurant is permitted only if customers are 6 feet apart, and there are ten people or fewer in one area. Bar counters must remain closed.  

Bars, pubs, and nightclubs. Bars, pubs, and nightclubs that derive 50% of their gross revenue from the sale of alcoholic beverages shall continue to suspend the sale of such beverages for on-premises consumption.  

Congregation limitation. No more than ten people shall congregate in any public space that does not allow for social distancing.   

Travel and Isolation. If you have traveled on a cruise, traveled to any international destination, or have been in any area with a significant presence of COVID-19, you must isolate yourself for 14 days upon return. 

Gyms and Fitness Centers. Gyms and fitness centers shall remain closed. 

Retail Stores. Retail stores may open as long as they operate at 25% capacity and abide by the safety guidelines established.   

Museums and Libraries. Museums and libraries can open as long as they operate at 25% capacity, but all interactive functions or exhibits, including child play areas, must remain closed.  

Medical Procedures. Elective medical procedures may resume. Ambulatory surgical centers, office surgery centers, dental offices, orthodontic offices, endodontic offices or other health care practitioner offices can perform procedures if

  1. the facility can be converted to assist with the treatment of COVID-19 patients in a surge capacity situation;
  2. the facility has adequate personal protective equipment;
  3. the facility has not sought additional federal, state, or local government assistance regarding personal protective equipment supplies; and
  4. the facility has not refused to provide support to or engage with assisted living facilities or long-term care residential providers. 

Recommendations during this Phase One: 

  1. Act Reasonably. Courts will look to the reasonable person standard when evaluating the actions of business owners and their compliance with the administrative orders, so do your absolute best to adhere to the safety guidelines set out.  
  2. Administrative Orders. Owners should print out a copy of the most recent order and go over it with their employees.  
  3. Be Consistent. Business owners must be consistent with their actions and the procedures they implement from this moment forward.  
  4. Consider releases. There are releases you can create for both clients and customers (hair salons, doctors’ offices, gyms, and medical spas). This will not eliminate all liability, but it will show that you have made both employees and customers aware of any possible dangers.  
  5. Establish Policies. Every business should have a policy in place for not only their employees but for their clients and customers as well. (ex. when and how you allow your employees to work)  
  6. Medical Information. Medical information collected from your employees must remain private. HIPAA law must still be adhered to, even if an employer is only taking temperatures of its employees. 
  7. Stay Safe. Business owners must continue to adhere to the administrative orders so that you can remain open. (Keep masks on and remain 6 feet apart) 
  8. Insurance Agent. We recommend giving your insurance agent a call to discuss what you must do to remain covered under your policy. 
  9. Workers’ Compensation. Workers’ compensation claims are “no-fault”, so we recommend that you ask your insurance agency whether there is some type of coverage preclusion for your specific policy or whether you can get a rider (an insurance policy provision that adds benefits or amends the terms of your insurance policy). 
  10. Keep Records. Keep a record of all the safety measures you have implemented in your business and all that you require of your employees. This may come in handy if any issue should arise in the future.  

It is important to remember that the safety of the public is essential at this time, so make sure you are adhering to the social distancing guidelines, as well as any current or future Administrative Orders executed. Should you have any questions or want to discuss a matter you are currently dealing with, we encourage you to give The Orlando Law Group, PL a call at 407-512-4394 today, to schedule a consultation. 

We hope you all stay safe and healthy.  

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COVID-19 Unemployment

Gig-Workers And COVID-19 Unemployment – What You Need To Know

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COVID-19 Unemployment Assistance for Gig Workers and Freelancers 

Ambiguous statutory language is consistently being clarified to help those affected by the coronavirus pandemic on both the Federal and local levels. So many individuals are asking themselves if they can collect unemployment, and recently it has come to light that app-based drivers, as well as gig workers, are eligible for unemployment benefits. 

According to the federal government, if you are an independent contractor and you have experienced a “significant diminution of work as a direct result of COVID-19,” then you could potentially collect unemployment. These provisions fall under the Pandemic Unemployment Assistance program.

The Department of Labor has been informed that clarity will be necessary when it comes to broad and ambiguous language that could lead to states not offering benefits to contractors that the law was intended to protect. 

COVID-19 Unemployment Insurance Benefits Confusion

However, there is a lot of confusion around who is eligible to collect. One common questions are: do you have to test positive to potentially drawn unemployment? Not necessarily.

The difficulty is due to language in the section states that a nonemployee ride-hailing driver may not be able to gain unemployment unless “He or she has been forced to suspend operations” due to the COVID-19 outbreak. 

There have indeed been “Additional criteria to cover gig workers.” For so many individuals, clarity is going to become power in this situation. If you are a driver and your business has been affected by COVID-19, do you have a chance at qualifying for unemployment? 

There are some companies providing benefits for those affected by COVID-19. If diagnosed with COVID-19, companies like Uber, Instacart, and Door Dash are offering two weeks of financial assistance. Under the criteria used by the ADP Research Institute, one in six workers count as gig workers in the United States.

That equates to more than 25 million Americans. That is a massive percentage of the workforce. And programs are being put into place to alleviate the hardships they are going to experience or have already gone through. 

Florida and COVID-19 Unemployment Benefits for Gig-Workers and the Self-Employed

In terms of Florida, studies have suggested that gig workers and the self-employed make up a fifth of the state’s workforce. Drivers for Lyft and Uber have had some confusion, only because although they do not qualify for typical unemployment benefits given by the state, they do qualify for assistance that is being provided during the pandemic. Getting that assistance has been another story altogether. 

As one would expect, online portals are having trouble shouldering the number of individuals filing for this assistance.

With confusing processes and ambiguous language, there has been a rise in panic for people reaching out for help. One of the essential actions you will take is that of utilizing and having resources that you trust who are dealing with these changes every single day. That is why we are here to help you. 

One of the most significant hardships that individuals are facing is how much time it takes to go through the process to get the assistance that they need. One individual, who is using the name Ted and keeping his last name private to preserve potential job prospects in the future, charted his process.

Ted was attempting to apply for unemployment benefits during coronavirus COVID-19. He has been forced to stay home and could not work due to the quarantine.

Ted was hoping to collect a few weeks of unemployment at the reported rate of $600 per week.

He made over 900 calls in 6 days and was only able to get through when he entered his social security number on the phone. After that, he was told that he would get half the assistance, but another portion would have to be registered for later because the program was not instituted yet. 

Receiving benefits in Florida for Gig-Workers and Freelancers

The truth is that time is not going to be on our side when it comes to the inundation these programs are facing. It is true that, for many families, they need assistance immediately, and the ambiguity does not help them understand if they qualify or not.

As always, we are staying close to every situation, and we want to know the questions that you have. Utilize your allied resources at this time and give us a call if you begin to run into complications or feel that legally you need advice. We are here to help, and we take great pride in the fact that one conversation with us can change your future.

There are no dumb questions during this time, and if you are struggling to understand what to do next, we are here to help you. Call our office right now at (407) 512-4394 and ask to speak with an employment lawyer.

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Child Support Reduction and Suspension During COVID-19

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force majeure

Breaching Contracts: How the FORCE MAJEURE CLAUSE can help you!

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Right now, Coronavirus has forced businesses to reevaluate the contracts that legally bind them to making regular payments. They are looking at the fine print in order to try and see what options they have, and that’s where clauses that allow them to breach their contract have become instantaneously interpretable. COVID-19 has caused extensive economic strife, and we’re going to be seeing the residual effects ripple throughout our world for quite some time. We’re arming each other with the most powerful arsenal: knowledge.  

From production to distribution, wholesale to retail, all around the world businesses are shutting down and ceasing work. Without an income source, these businesses may not be able to pay their bills. With COVID-19 seemingly becoming a bigger threat, there is not a guaranteed return date and no end in sight for their financial struggles. It’s time to use all that we can to ease the hardships that are impeding immediate relief. Many businesses are now turning to the fine print of their contract or leases to determine if they have a “force majeure clause,” and whether that clause would apply to their situation under COVID-19.  

Force majeure translates from French as “superior force.” A force majeure clause is a provision in a contract that excuses a party’s performance of contractual obligations when unforeseen circumstances arise that are not at the control of either side of the contract. These circumstances, often termed “acts of god” create situations that make performance under the contract commercially impracticable, illegal, or impossible. These clauses are very common in many types of contracts, but often these clauses are removed or modified to a version that would not apply to the COVID-19 virus. Force majeure clauses are typically applied to contracts for goods and services rather than a contract to pay money. These clauses are often overlooked in contracts because it relates to “unforeseen circumstances,” which, believe it or not, are regularly unnoticed as a necessary clause in the lease or contract. As many people are now finding out, these clauses play a vital role in governing a contract during the unforeseeable. You never think that the unthinkable will happen until it does. That’s where great lawyers take a closer look to decipher the intent behind the language within the contract. The time is now to seek clarification, and the fine print is more relevant than it ever had been.  

Depending on the wording of the clause in the contract, a force majeure clause can have a variety of outcomes including excusing a party from performing under a contract, suspension of performance, giving one or both of the parties an option to terminate the contract, or a substitution of performance under a contract.  Courts will often construe force majeure clauses narrowly based on their writing, and most contracts do not adequately anticipate pandemics. If the clause in your writing is narrowly written, the courts are likely to enforce it narrowly; however, if your clause is too general, it may not have the sufficient wording to encompass your specific force majeure need. The perfect force majeure clause is somewhere in the middle, between narrow and generally written. We are in an unprecedented circumstance with COVID-19, so having someone utilize their experience to look at how your clause might be interpreted would be a good idea.   

Force majeure clauses are not limited to commercial contracts. These clauses can be found attached to contracts in virtually every industry. If you are a tenant that is out of work due to COVID-19, are you required to pay rent? If you are a buyer under a purchase and sale agreement for a house but can no longer qualify for the mortgage, are you required to perform under the contract? Questions such as these could be easily answered if you resort to a properly written force majeure clause. If your lease or contract is missing the clause entirely or if the clause is written in a way that you are unsure whether it fits the COVID-19 crisis, it will take a deeper look into the fine print and meaning of the clause in your particular contract.  

When this virus is over, we are likely going to see a flood of evictions, foreclosures, and breach of contract actions using force majeure as a defense. COVID-19 related damages will likely be upheld in many of these actions with a properly written force majeure clause; however, the majority of contracts will be rejected due to their inadequate wording. It would be wise to have your contract reviewed by an attorney as early as possible to determine exactly how to proceed under the language within the contract. It’s all about how you interpret the wording, and that’s what lawyers do best. We specialize in helping you get ahead of the situation, no matter how complicated. Many times, it’s all about keeping an open mind and taking advantage of our experience. If you are questioning whether your force majeure clause is enforceable, make sure to give The Orlando Law Group a call today. We’re staying apprised to the needs of the people and making sure that we help wherever we can.  

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Sell Your House during COVID-19

Critical Advice: Selling Your Home During COVID-19 from Real Estate Pros

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You’ve decided to sell your house, but the market lost its influx of buyers due to fear induced by the coronavirus. There are many things we cannot plan for when it comes to being in the mind of the buyer, but if we hit specific standards during the sales process, it may not matter. 

There are indeed ways to conduct Real Estate on a high level during chaotic times. You must be patient and cunning, two traits that often feel mutually exclusive. Perhaps circumstances out of your hands have prompted the sale, and you cannot simply take the house off the market. 

There comes a time in business when we each are forced to commit to our decisions, despite external circumstances. That’s when we get very good at what we do.  

This article is dedicated to hints that will help you navigate a complicated market. It doesn’t take a pandemic to have sellers face hardship. Complications could arise for any reason, and so many times, sellers must come back to reality and restructure their goals. During the Great Recession, many people faced difficulties getting their property situated correctly in the market. For many, it took months before getting offers and weeks after that to get an executed contract. It can be a stressful process, especially with a family facing uncertainty. It’s all about having your rules that work and having a scientific, learning-based approach. These five tips can be used to your advantage and help you through the trials and tribulations. 

  1. Make Sure That the Price is Right – This is both a reference to the classic TV Show, but also a recommendation to set your sales price competitively. You need to price the home at a place where you get attention in a drifting market. If you price too high, it will be like you never even put the house on the market at all, and you won’t get the attention you need to sell faster. Always consult real, sold comparable properties. Do not just go off what else is listed because there are no rules that keep someone from putting their home on the market with a price that’s too high. Be the one that prices your home right, and you’ll be the next in line for a serious offer.  
  2. Become a Perfectionist – This may sound a bit excessive, but you will have potential buyers that are just as excessive with their attention to detail. In a strenuous market, every single point of interest has significance, and it is worth your time to compare your property visually to all the competition out there. Being competitive always comes down to the details, and we encourage you to do everything in your power to compete. If it’s something that wouldn’t make or break a sale for you, that doesn’t mean your buyers won’t care about it. Everyone has different priorities when it comes to the purchases they make, and many times conducting business on a high level is about being able to think outside of our perspective.  
  3. Tour Your Own Home – Take a drive outside, and once you’ve gotten into the mindset of a potential buyer, take a walkthrough of your abode. Be critical of the details. If the door gets stuck, it may not have bothered you after years of living there, but it’ll stand out as a rough first impression. Speaking of, pay close attention to the front of the house. First impressions are everything, and giving a little bit of T.L.C. to the landscaping can add so much curb appeal. Take a weekend and see what you can add that doesn’t break the bank. A clean, minimalistic approach will be the best for having buyers envision their designs and potential plans.  
  4. Have a Solid Copilot, but Never Fly Blind – Hiring an excellent Real Estate agent that is going to offer incredible advice can be your most significant advantage in the market. One of your biggest disadvantages could be just letting them handle it and clocking out of the details of the sale. You want to keep a close eye on the week-to-week movement your property undergoes on the market. Many times, clients hire a Real Estate agent based on the feeling they get when talking to them. This can lead to a tendency to lean away from the hard questions. We want you to lean into those discussions. Your agent is there to help you navigate tough waters, and they should always be okay with discussing options, opinions, and points of view that differ with their own.  
  5. Waiting For More Money Could Mean More Hardship – Ironically, we always consider money to be more valuable than time, even when it costs us money. Deciding to walk away from a sale because you feel like you deserve $5,000 could cost you a serious buyer. In a market where the next potential buyer could be weeks away from walking into your home, you’ll spend that much money searching for another serious offer. Don’t always let numbers stop a good meeting of the minds and keep challenging yourself to think from the buyer’s point of view. It could mean taking a serious offer despite it not being up to your asking price. The highest offer isn’t always the best, and although that sounds counteractive, time is always an easily forgotten factor. The best offer is the one that can close, and that saves you time, energy, and money spent in the future.  

These are five tips to always keep in consideration when conducting Real Estate, but they are especially important to remember when the market shifts. The housing market is still affected by external forces, and COVID-19 is no different. These are ways you can keep a certain level of control over your circumstances. We are here always to help you and have myriad of incredible business professionals to recommend, including Realtors! Keep your head held high, your faith filled full, and your goals gradually going. You’ll get to where you need to be in time.  

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Sick leave

Sick Leave and the Families First Coronavirus Act: Do You Qualify?

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Those being affected by the coronavirus are going to struggle with their health as well as time away from work. That’s why this new sick leave policy works to help them through the loss of time devoted to their work. 

There are many questions out there and multiple sources for information. 

We’re striving to provide you with accurate articles that detail real solutions to uncertain situations. Things are changing every single week, and we’re keeping apprised to the current state of affairs to help you stay in the know.  

It’s all about the Families First Coronavirus Response Act, which requires private employers to provide employees affected by the coronavirus with sick leave. There are exceptions for health care providers, emergency responders, as well as certain small businesses. If you’re a full-time worker, you can qualify for up to 80 hours of sick leave. Part-time workers can qualify for the average number of hours they worked over two weeks.  

There are only certain situations where a worker can take paid sick leave.

A worker can take paid sick leave under certain conditions. They are the following:  

  1. The worker is subject to a federal, state, or local coronavirus quarantine or isolation order.  
  2. A health care provider has advised the worker to self-quarantine due to coronavirus concerns.  
  3. The employee is in the middle of seeking a medical diagnosis due to experiencing coronavirus symptoms.  
  4. The worker is taking care of an individual who has been subjected to a coronavirus-related federal, state, or local quarantine or isolation order, or who has been advised by a health care provider to self-quarantine. 
  5. The worker is caring for a son or daughter because the child’s school or daycare has been closed, or the child’s care provider is unavailable.  

If a worker is sick or quarantined, they will get their full pay while on coronavirus leave, up to $511 per day, which would equate to $5110 in total for two weeks. If a worker is caring for another person or on leave because of an HHS-specified condition, they could be entitled to two-thirds of their regular pay while on leave, which would be up to $200 per day, which equates to $2000 in total for the two weeks.  

New policies are being enacted every week

It’s so essential that you know your rights and what you could potentially be entitled to. These are truly new waters for us all to navigate, and we are well-aware that there will be a multitude of questions moving forward.  

We want to remind you that we are here to help. Even if that means having a conversation and listening to your story to understand better the processes that you’re undertaking, consulting one of our legal professionals is never a bad idea. We are encouraging you to keep your health, your family’s health, and your livelihood as top priorities. Do not let new procedures and policies get swept under the rug and stay close to sources that you trust during this time. We will consistently be updating you with more information, and we can assure you that we will get through this together.  

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paycheck-protection-program

The Paycheck Protection Program Has Run Out of Money. What now?

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It seemed extremely promising. The Paycheck Protection Program was the cornerstone of the federal government’s stimulus package designed to assist small businesses and their employees during this unprecedented shutdown and quarantine.

What is the Paycheck Protection Program?

The Paycheck Protection Program (PPP) is a federal government loan created to give an immediate incentive for small businesses to retain their workers by keeping them on the company’s payroll.

The U.S. Small Business Administration (SBA) had planned to forgive the loans if the company was able to keep all employees on the payroll for eight weeks. The money from the loan was intended to be used for payroll, rent, mortgage interest, or utilities.

What happened to the Paycheck Protection Program?

The short answer is that the PPP has run out of money. Thousands of businesses who qualified as potential borrowers are now unable to access funds through the now cash-empty program.

On April 16, 2020, The SBA announced that the Paycheck Protection Program would no longer be accepting applications from businesses seeking aid.

The shuttering of the $349 billion program leaves legions of businesses out in the cold. Many of these business owners were attracted to the program. It was designed to assist financially during the coronavirus-induced economic slowdown.

According to the SBA, the agency has approved more than 1.6 million PPP loan applications. The total of the requested funds amasses to a wallet-thinning $340 billion. That money is slated to be distributed by close to 5000 lending organizations.

Most borrowers are currently in a wait-and-see mode as they check their bank accounts for the loan deposit.

While it is impressive that the oft-criticized SBA was able to organize and implement this program in such short order, that’s no consolation to the business owners who were counting on the funds to keep the lights on, quite literally.

I applied but never got approved, or I never got to apply for the PPP. What do I do now?

The hard message is that the further away you are from loan approval, the less likely it is that you will see even a thin dime from the PPP.

While the SBA made their announcement on April 16, it’s likely that that 1.6 million applications were submitted and earmarked days ago. Unfortunately, there is no definitive answer aside from “ask your banker” about the status and likelihood of your loan.

So, if you are in the group that will not be funded, it’s time to start exploring other options. If you are driven to keep your business going through this economic slump, you are going to need to find a way to acquire funds.   The Florida Bridge loan is also out of money but may receive additional funding.  This was limited at $50,000; however.  There are also additional SBA loan products which are traditional non-forgivable loans which still appear to be available at least for now.

Refinancing existing debt and/or liquidating unused assets is another approach.  However, if neither of these options will help, bankruptcy might be an option. At a minimum, the protection the bankruptcy can offer you might give you the foothold you need to reorganize and come out of this above water.

We are offering a free 15-minute strategy session for businesses that are facing difficult choices because of financial or legal hardships. Give us a call at (407) 512-4394 and ask to speak to one of our business lawyers. This no-obligation session is designed to help you see your options more clearly.

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court proceedings

Answered Questions Regarding Orange and Osceola Court Proceedings

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For people who have court cases pending or their lives create issues during the COVID-19 crisis, it has been uncertain when they can get their date in court. This week the Chief Judge of Orange and Osceola has provided some clarity, and we want to pass that information on to our clients.

It is important to note that only essential workers are in the courthouse currently. Nearly every division is operational. For domestic violence as well as civil cases, hearings are being conducted on video or over the phone. In relation to court proceedings, they are working on two platforms: Cisco WebEx and Microsoft Teams for video conferencing, so clients will need this to participate.

In domestic divisions, the courts in both Orange and Osceola county are working to do things as uniformly as possible and make the procedure as consistent as they can. For a state, the circuits are created individually, and this leads to inconsistency across circuit lines, so this information might not be the same in other counties.

Below, you will find some questions that you might have answered:

Question: For clients that have a violation of probation and are currently incarcerated, how would their situation be handled?

Courts are conducting any hearings that they can by using video communications between the jailhouse and Osceola county.

Question: Has Orange and Osceola established protocol for emergency injunctions?

Emergency procedures are in place if there was a request for an injunction, but they depend on the nature of the matter and if it relates to orders that were entered because of the pandemic itself.

Question: What about the temporary modifications to child support?

The courts have stated that they have gone as far as they can go with the temporary pandemic order that has been issued. Concerning child support modifications, the judges feel that filing the motions will be helpful. To figure out what is going on, 15-minute case management conferences can be set. Therefore do not wait if you have this issue.

Question: How will civil and probate hearings be run?

Zoom hearings will be the answer. Usual meet and conference procedures will be coordinated. Traffic court hearings will be run remotely as well.

Question: Are domestic judges in Osceola county accepting email for final judgments for fully settled dissolution matters?

Not only are they accepting emails for this, but email is preferred so that no one is required to touch paper.

Question: How will evidentiary issues be handled?

Video hearings will be entertained for injunction hearings if lawyers on both sides agree. They must deliver evidence to the judge ahead of time.

Question: Can a clerk administer an oath remotely?

A new supreme court order allows for documents to be executed without a notary.

Question: Are there new procedures for entries of default for domestic relations issues?

Earlier fault hearings were canceled, but now there is a concerted effort to schedule them telephonically. If they do not call in, then the party will be in default.

Question: How will time-sharing work via video conferencing?

Supervised visitation will be done through video conferencing. The courts are working on getting a process instilled that will allow for supervised visits to take place over a video conference. If your clients have family ties, there is a process being set into motion that will allow for visitation to exist for 15 minutes, twice a week. The cost of these visits has gone down from $20 to $10.

Changes will continue to occur. We will keep up to date including checking on processes in our neighboring counties.

Is there a question you have that isn’t answered here?

Because we are an essential business, we are working and fully staffed. Please reach out to us with your question.

You can contact us through traditional methods, by phone at (407) 512-4394, or on our Facebook page

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Real Estate Law Orlando

Real Estate Changes and Updates Due to COVID-19

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Our New Normal

When a new normal forces industry to adopt new ways of doing certain actions, we employ technology. Ideally, there would be flowers and gifts at the closing table and opportunities for celebration between the agents and their clients; however, these are different times. These are the days of the Coronavirus Pandemic. Drive Up Closings are being employed to help with social distancing, and yet that doesn’t stop great agents from sitting in their car nearby to offer any advice and assistance necessary. The agents make sure to stay the standard six feet away, but their presence is welcomed, even if it’s just to show support for their clients. 

Glass Half Full

The good news is that buyers and sellers can still close transactions. Real Estate hasn’t stopped, and transactions shouldn’t be held up due to the need for social distancing. Real Estate closings tell the same tale being told throughout every single industry: “How do we accomplish our tasks in new ways that help us remain remote?”

Unfortunately some counties locally have closed their recording office or other offices which deal with re-zoning and other related real estate issues which have impacted our ability to close on a case by case basis.  Probate courts have mostly remained open for short, phone hearings which have allowed us to move forward for hearings to free up the sale and closing of homestead and other properties impacted by probates.  Family law has mostly slowed to a stop, but in the next week should start again with video hearings which should help properties tied up in a divorce to get moving again.  The key is to be very proactive if your transaction is challenging in any way.

As we push to help properties to close, at home closings are taking place, and if clients come into the office measures are being taken to insure sanitization, social distancing and the least contact possible.. Anyone deemed non-essential to the process is being asked to video conference into the meeting if they want to be involved. One of the ways in which we can do our best to cope with change is by being flexible. There are many documents that can be signed electronically, but lenders do require some to be signed in person.  This may change in the future, given the fact that signing electronically could potentially mitigate having to meet, but the liability could be too much to shoulder. For the time being, we will work hard to do the most remotely that each industry can, while also maintaining the due diligence of the task itself. We have done our best to start using On Line notary, but a few clients have had challenges with the software, so we need to not wait until the final hour to get documents signed.  Again being proactive is key.  

Future Forecast

It is incredible to see industries doing all that they can to stay open while also maintaining guidelines that will help flatten the curve. Our prediction is that many places will similarly begin to start using remote and drive-up services. Although some work must take place in person, it doesn’t mean that you absolutely must be closer than six feet from other parties.

Will things ever go back to normal? We are of the mindset that business will slowly begin to get back to standard operating procedures, but it may take some time. We want to put everyone’s health as a top priority and adapt as much of our normal practices that we can to help better the comfort and confidence of our clients. Every industry will have to change.

We Are Here to Help

With everything going through a period of change, it’s important to remember that we are all here to help you. Even if it’s questions you have about how technology will affect your industry and how COVID-19 could play a role on the business that you work in, we’re happy to help you navigate those waters. We view ourselves as more than just lawyers for our clients. We’re resources for rules that can be made to work in your favor, and many times a conversation with us helps someone find comfort, confidence, and clarity. Once this is all over, we’ll find a significant emphasis on the shaking of hands, the closeness of friendship, and the ability to be together more often. For now, we must work hard to flatten the curve, adhere to social distancing guidelines, and stay as healthy as humanly possible.

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disaster-loan

Don’t Spend That SBA $10,000 Disaster Loan Just Yet

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What is the SBA $10,000 DIsaster Loan?

The U.S. Small Business Administration (SBA) has responded to the Coronavirus (COVID-19) pandemic by offering small business owners in all U.S. states, Washington D.C., and U.S. territories and Economic Injury Disaster Loans. 

An important aspect of the loan has received an enormous amount of attention. That component is an advance on the loan of “up to $10,000.” The advance is supposed to be available following a successful application for the SBA loan.

The advance is intended to provide financial relief to businesses. Especially to those that are experiencing lost revenue during the Coronavirus pandemic.

No need to be a master of the English language to note the words “up to” in that statement. That escape hatch phrase goes a long way in allowing the SBA to do some pretty crafty things with the loan and the advance. As you’ll see later in this article, the SBA’s recent clarifications of the wording of the advance heavily leverage the phrase “up to.”

The reason this part of the Disaster Loan is important is that the SBA has suggested the advance will not have to be paid back.

Where’s my $10,000 Disaster Loan advance?

If you are asking this quesion, you are not alone. As far as we can tell, no one has received their advance or Disaster Loan yet. Loan applicants across the country are scratching their heads because the SBA initially suggested that the $10,000 grant wuld be available three days after the application.

You read that correctly, three days. A lofty goal by anyone’s standards. The SBA quickly, and with much public criticism, realized their gaff and removed the “three days” language from their website and application.

The website now reads: “The Economic Injury Disaster Loan advance funds will be made available within days of a successful application, and this loan advance will not have to be repaid.”

While no one really knows where your Disaster Loan advance is, we do know this, it’s probably not in your bank account. Yet.

It’s worthwhile to note that the $10,000 grant might be more of a wish list than a dream come true.

The SBA clarifies what “up to” means.

Earlier I noted that the SBA included the phrase “up to” in the description of the $10,000 advance. This week, in a statement from the SBA’s Massachusetts District Office, it was clarified that the SBA plans to limit the scope of the economic injury disaster loans. Even though these loans, advances, and grants are meant to provide businesses with immediate, emergency cash, that cash might be a lot less than many are expecting.

The Massachusetts Office of the SBA clarified that a business will receive $1000 for each employee, up to $10,000. The language of the statement suggested that this clarification affects businesses nation-wide.

So, if you are a business with, one employee, you can expect (at this time) a $1000 check. If your business has 4 employees, your check will be for $4000.

Remember, this is capped at $10,000, so if you have 15 employees, you will still only get a $10,000 advance or grant.

The relationship to other loan programs.

Adding complexity into the mix is how the SBA’s Disaster Loan relates to other programs, like the paycheck protection program (PPP).

Things seem to get more clear day by day and the current landscape suggests that the SBA Disaster Loan can be rolled into a PPP loan. The grant will be subtracted from the amount that gets forgiven. 

What should you do right now?

First of all, if you have not applied for the SBA Disaster Loan with up to $10,000 in grant/advance funds, you should do so. Click through to our COVID-19 portal of legal information to find the link.

Next, it’s time to be patient. We are in an ever-changing set of conditions and things change hour-by-hour. Once you’ve applied, all you can do is wait and see.

What will be interesting to many is how much of an advance will be given out. Will it really be only $1000 per employee? Patience and time will tell us.

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child support reduction

Child Support Reduction/Suspension During COVID-19

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We at the Orlando Law Group understand that this is an incredibly tumultuous time for the world, a time where feelings of stress and uncertainty often cloud even the most optimistic of views.

If we can provide even a little bit of clarity for not only our clients but those out there dealing with issues of child support with reduced income, we will have done our job. 

What happens if a parent who pays child support has been involuntarily terminated?

In a time where hundreds of thousands of people are being let go from their jobs, thus losing their steady stream of income, the Courts look to a party’s individual circumstances to determine whether or not their child support obligation should be temporarily suspended. 

Temporary relief from child support is possible where the paying parent has been involuntarily terminated, he/she has searched thoroughly for a new job, the paying parent has depleted their assets, and their unemployment benefits have expired. 

Such relief may also be possible where there has been a significant, permanent reduction in income. If, however, the reduction is only temporary, the courts ultimately have the power to suspend payments.

It is important to note that a parent who is temporarily unemployed may not be subject to contempt proceedings for failure to make child support payments, based on the fact that the unemployment is the root cause of his/her inability to pay.

Additionally, Courts hold that a parent’s temporary relief from child support payments shall only be effective during the time in which it was reasonably necessary for them to gain employment.  You have to file a Motion to reduce child support right away and try to get a hearing because all obligations will keep being due until the obligation is reduced.

In the event that you had money coming out of a paycheck and you do not work at that company any longer, the Department of Revenue can suspend your license or pursue you for not paying.  We hope they will slow this process during this time, but you still have to be proactive as failure to pay can result in license suspension and in the worst-case scenario jail.  

Quire often, Judges are understanding, but they prefer when people are proactive. 

What happens to payment of back child support?

Where the loss of the paying parent’s job is definite and the court has temporarily reduced the paying parent’s child support, they shall not be required to pay any amounts that are owed (arrearages), if they are currently making the reduced child support payments ordered by the Court. 

Again, you need a court order to reduce the amount of support.

What happens if a parent is voluntarily unemployed?

Where a paying parent has created circumstances that a Court believes may amount to voluntary unemployment, the court may impute income (assign an income amount for the parent) sufficient to continue the current child support payments.

A modification of child support may be done by the court to reflect payments the parent could make if he/she was not voluntarily employed. 

Therefore, if you are a parent that has made an exhaustive effort to seek employment and are truly struggling to pay your current child support amount, the court may have the ability to temporarily suspend or reduce such payments until you are reemployed.

It is important to understand that a parent’s obligation to support their child terminates at death, so the temporary suspension of such support will only be granted if the Court finds it absolutely necessary.

In conclusion, if you have any questions regarding your child support payments, or if you need assistance with temporarily suspending them, please do not hesitate to contact a family law attorney at The Orlando Law Group at 407.512.4394 to schedule a consultation today. 

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insurance

Title Insurance Truth or Dare…featuring RON

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Okay, it’s time for some truth serum. The Title Insurance Industry is a business that is continually evolving. Real Estate Agents must deal with title companies, and their clients get title insurance on every transaction they handle. While we socially distance ourselves due to the Coronavirus, it’s a perfect time to level up what we do and how we do it. There may be a thousand ways everyone else accomplishes a task, but the way you’re going to stand out and innovate is by finding that one way that no one thought about.

In this article, we will be diving into the truths that have prevailed within the business of Title Insurance. We will also look at how to be daring enough to use them to your advantage. 

If you work as a Real Estate Agent, in the field of Title Insurance, or are simply an entrepreneur looking to create some innovative tactics while you’re at home staying socially distant, you’ll find something useful. You will be challenged, and each of our truths is partnered with a dare for you to try out. Take a scientific approach and grow through experimentation. We will say this: to the daring always go the spoils. 

  1. Truth: Good Communication is Key – This might seem simple, but anyone who has worked in Title will understand that it’s those who communicate well that stay in the game. Communication is all about being thorough, and at the same time caring about who you’re working with. We dare you to get to know everyone involved, that way you can be completely aware of any situation that might arise. Having systems and processes in place to make sure you’re following procedures is just the beginning. Information is vital, and although text can be the easiest way to expedite responses, nothing beats a good conversation over the phone or in person. Right now, due to the Coronavirus, even avenues like Zoom are a better way for someone to see your face without having to be in the same room.
  2. Truth: Set Expectations and Have Checklists – So many individuals have to work from home right now because of COVID-19. Without checklists and working documents, that can be difficult. Working documents are real weapons in business. Checklists keep order to what can quickly become a chaotic process. We dare you to have templates on your computer of checklists, and we double dare you to print them off! There’s no better feeling than being able to check off a box and look at your checklist, knowing everything has been completed. Also, save some room for custom points you can add that the clients specifically want or need taken care of. Working documents are made to be worked on and evolved.
  3. Truth: Get to know RON – What is RON? Who is RON? Is he Harry Potter’s best friend? Yes, but not this RON. You are probably curious as to how notarization is going to work during the COVID-19, socially distant world we’re experiencing. RON or Remote Online Notarization is going to become your best friend in this scenario, and especially as we have to stay distant to flatten the curve of this virus. Taking advantage of technology can be arduous, but it’s always worth it eventually. We dare you to try new avenues of technology that make your job that much easier. Work with a title company that is taking advantage of RON (we are)!
  4. Truth: Create Your Special Recipe – This is something that requires a little bit of creative work. Create something unique that only you do as a Realtor, Title Agent, or business entrepreneur. This could be a gift that you present at the end; it could be a program where you follow up after the closing has taken place, or it could be a special place you take everyone for lunch once the victory has been achieved. Even if you can’t take them to lunch because of COVID-19, perhaps a Zoom happy hour where you can speak about the future and celebrate the transaction completed will be perfect. The point is to make them feel like this particular action is unique to your business (hopefully it is). We dare you to make it as personal as possible. It’ll help you stand out, as well as build strong ties with those that you do business with.

We work with a vast array of agents, and just like Real Estate and Law, The Title Insurance Industry is dependent upon the Title worker. It’s all about the level that you want to achieve, and we want to encourage you always to have the mindset of leveling up what you do.  

Seek out your truths and the truths that others have discovered and dare yourself to try new things. Right now, everyone has to adopt new strategies and plan because of how the virus has changed our daily lives. We must remain hopeful. Innovate, recalibrate, and formulate processes that both take inspiration from your heroes and make you an inspiration for others. When it’s all said and done, add your flourish, and dare the world to do the same.

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estate-planning

Estate Planning: The Will to Plan Now Makes for an Optimistic Tomorrow

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During this time, we’ve been focusing on ways that we can help you feel safe, confident, and connected despite the difficulties so many are experiencing. We know that, for many individuals, the only way to combat uncertainty is by taking care of the things you can control. That’s why we believe that a Will is actual mental medicine for your tomorrow.

It’s the best way to know that your assets are protected and that your legacy will continue the way you want it to. The good news is that, even if you do not feel comfortable coming into our office, we can handle the process completely online using an online notary.

We have had a massive influx of these clients in the past week, and each one has helped us understand that right now, planning is giving them a sense of calm about their present and their future. This overall sense of settled is something that is hard to come by right now, and we are so grateful to help families and individuals get these forms in order.

You can call through video chat, which has now become the standard means of communication around the world, and we will take you through each step and follow our thorough approach to getting everything you need communicated and taken care of with the help of RON (Remote Online Notarization).

Below, you will find three benefits of getting these forms completed with our assistance. Right now, it’s about the control we can have over our future. We don’t know what tomorrow may bring, but with a Will and a plan, we know that we have some control over what the future holds in store.

Three Benefits to Getting a Will Completed Today:  

  1. Peace of Mind – There are a few things in our world that are priceless. One of them is peace of mind. For many of us, stress holds space in our minds unless we plan a way to add some control to our future.
  2. Healthcare Assistance – Knowing that you have the specific people designated to make Healthcare decisions and having them aware adds a level of comfort to any situation.
  3. Avoiding Conflict Between Family Members – By having everything in order, you avoid any potential conflict that might arise. You want your family to be able to focus on grieving, not making difficult decisions.

Another aspect of estate planning that helps you feel confident is the employment of Healthcare Directives. The Healthcare Surrogate Form gives your agent the authority to make healthcare decisions for you. If a doctor finds you mentally incapacitated, these forms will be vital to making decisions about your health.

We cannot stress the fact that these forms protect you and your family from unwanted stress, conflict, and complications. Below, you will find three concrete reasons why Healthcare Directives work in your favor. 

Estate Planning: Three Ways Healthcare Directives Help You: 

  1. Worry Less – When you’re sick, you don’t have to worry about making any financial decisions. At any point, if you needed someone to help you with making those decisions, they can do that. 
  2. Less Limits – People aren’t being allowed into hospitals at this time unless they are sick. This can complicate measures, and by having structures and documents already in place, you don’t have to scramble last minute, which can add to your worry.  
  3. Better Systems – Stress can create sickness. Getting these documents in place can diminish your stress at a time where stress feels like a constant state of being. There are aspects of the future that we can’t control, but this is something you can, and the comfort of control truly helps your immune system stay strong.

A Will was built to allow you to have the most control over your legacy. It is just as much about you preserving your goals for your assets as it is about allowing there to be no conflict between loved ones in the event of your passing. It brings our clients great comfort to have these documents in place, and we feel it is our honor to give them a tomorrow they can enjoy more and worry less about.

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divorce during coronavirus

The Truth About Getting a Divorce During Coronavirus

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If you are thinking about or searching for information on getting a divorce during coronavirus, this article is written for you. In reality, getting a divorce during a pandemic that has closed down many businesses and brought normal life to a halt can seem overwhelming.

You are probably weighing many options. Should you wait until the coronavirus lockdown passes before you proceed with a divorce? If you and your spouse are living together, what arrangements need to be made while we are on a stay-at-home order?

For those with children, how can you successfully co-parent during coronavirus or COVID-19 restrictions? Is your mental health at risk while being confined and a divorce is the only clear path to healing? While there are no easy answers to those questions and your individual situation plays a large role in your next steps, here are some guidelines.

The divorce lawyers who focus on family law at the Orlando Law Group report that the divorce rate during any type of crisis tends to go up. Divorce during coronavirus is no different and we are already seeing increasing numbers of phone calls and communications from people who are interested in filing for divorce.

The truth is, divorce is an aspect of life and when there is the added stress of a trying situation, like that during a global pandemic, it shines a spotlight on the existing problems. Being restricted with family members and your significant other from leaving that house places many people in a stressful environment. In your home, social distance can only go so far.

If you and your spouse already were not getting along and divorce was in the conversation, being together without a break can exacerbate the situation. If it is insurmountable, the only logical move would be to take the next step towards a divorce.

Some situations are more urgent. If there is physical or mental abuse, moving forward quickly might be a necessity. There are different levels and classifications of abuse. If you are being physically harmed by your spouse or if you live with a narcissist who mentally abuses you, life with restrictions of social interaction outside the home can become intolerable.

In these cases getting a divorce in general needs to be accelerated, and getting a divorce during coronavirus should happen as quickly as possible so that you can be removed from the abusive situation.

How can you move forward with a divorce during coronavirus pandemic?

The global pandemic is shaping our lives in a very dynamic way. It seems that every day we get new information from our state government and the White House. We need to be mindful that what is true today, might not be so tomorrow.

If you are in a position where you want or need to file for divorce dung COVID-19 and coronavirus, you have the right to do so. The Orlando Law Group has been deemed an “essential” business during the stay-at-home order and we are continuing operations from our offices.

We can start the divorce process over the phone or over a video conference. Our offices are being cleaned with the most strict methods and we can even organize for drive-up legal and notary services in our parking lots for your social distancing convenience.

Ultimately, getting a divorce during coronavirus is a bit more difficult than during times without pandemic regulations, but that’s why we are here. We help our clients through the most difficult times.

The first step is to reach out and contact or call us. We’ll guide you from there.

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Coronavirus Evictions

CORONAVIRUS EVICTIONS: Being Aware of Potential Pitfalls

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With the State of Florida enacting a mandatory stay home order in effect as of 12:01 AM, Friday morning, we have been speaking with many landlords and tenants regarding what rights they have during this trying time. The coronavirus outbreak has brought many business issues to light.

On one hand, many businesses have shut down during this time, leaving many tenants without the income source they survive on.

These tenants want to know whether they are at risk of being kicked on the street. On the other hand, landlords are still required to pay any mortgages and other expenses that they owe on the house. Many landlords cannot afford to keep their rental houses without the income they generate. What has the State of Florida said?

Attempts to Stop Coronvirus Evictions

While many politicians would like to halt evictions and have urged the Governor to impose a statewide moratorium on evictions, as of today the State of Florida has not officially issued any such order. Currently, each county is at the discretion to enter their own orders restricting court access and filings.

For example, Seminole, Brevard, and Osceola counties have suspended evictions until April 15. Orange County has suspended evictions through April 17. Without a statewide order, you need to be aware of what orders have been passed in the county you reside in. 

Meanwhile, the Florida Supreme Court has issued the following Administrative Order, “given the exigencies of the public health emergency, the requirement in Florida Rule of Civil Procedure 1.580(a) for the clerk to issue a writ of possession “forthwith” shall be suspended through the close of business on Friday, April 17, 2020, or as provided by subsequent order.” https://www.floridasupremecourt.org/content/download/632431/7186205/AOSC20-17.pdf.

What this means is that the State of Florida is not currently requiring counties to follow the eviction process under the Florida Statutes. However, this order only suspends the requirementfor a Clerk of Court to issue the Writ of Possession, it does not suspend or prohibit a county’s ability to enter such a writ.

Without a State ordered mandate, each county is left to decide what is best for their residents. If you are a tenant, should you be worried about being evicted if you are unable to pay the rent during the COVID-19 scare? Likely not, but until the State of Florida puts forth a statewide mandate, it is dependent on the county you live in and there is not a set answer at this time.

What To Do About Rent During The Coronavirus Pandemic

Even though your landlord may not be able to evict you at this time, that does not necessarily mean you will not be liable for the rent payment during this period. It is going to be interesting to see how this plays out from a landlord-tenant perspective because a situation like this has never occurred during our lifetimes. Most likely the tenant will be responsible for the missed rent because the relationship is governed by the lease between the parties.

One question that is raised is whether the landlord will be able to file for eviction immediately after the virus threat is over, or whether the tenant will have a period of leniency in which to make payments to the landlord for the back rent. Without a steady source of income, many tenants will not be able to make a lump-sum payment of past due rent, and many tenants may not be able to climb out of the hole at all.

With the uncertainty caused by the coronavirus pandemic and the risk of the virus spreading if tenants are thrown onto the street, the State of Florida will likely enter an order shortly that sets clear precedence for how the landlord/tenant relationship will be handled during this time. 

The potential pitfalls created by this virus will hopefully be addressed by an Order put forth from the State of Florida. As always, we will remain apprised to the situation in order to be your source for navigating any changes that happen.

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stimulus-check

Before You Pay Your Bills with your Stimulus Check…Read This…

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With times of uncertainty come all new ways of protecting your future, and there are many individuals out there who will be receiving a stimulus check that they can put towards oh so many provisions. We want to caution you on planning without speaking with one of our Lead Attorneys: Sophia Dean. She specializes in helping your money go the farthest, to get you in the best situation moving forward.

Depending on what your situations is, there could be two potential uses of your stimulus money. It could be used to provide some relief towards your debt, or it could be used to buy necessities. Of course, without a plan, usually money gets spent; however, we want to encourage you to reach out to us to have a conversation if you’re not sure about the future and how to spend that money.

Below, you will find some ways in which Stimulus Check money will most likely be utilized:

  1. Basic Needs: This is a time in which you must take care of yourself, and if you absolutely need to spend that money, then supplies are your priority.
  2. Put It Towards Your Taxes: The government has extended the deadline to pay taxes back to July 15th  
  3. Use it to Strengthen Your Emergency Fund: You can use your check towards making your emergency savings stronger.
  4. Investing It: Investments, especially in Real Estate, are how individuals find the arbitrage of passive income.
  5. Lower Your Student Debt: With interest payments suspended, you can make payments towards the premium. Lowering your principal balance could mean smaller interest payments once interest rates are put back into place.
  6. Paying off debts: If the amount owed in debt is not significant, this might be the right move, but not always.

When it comes to money, we always recommend planning over anything else. Having a focused roadmap to success takes a team, and we are here to help you navigate these uncertain times. For us, we believe that our experiences translate to advantages and victories for you. We want you to utilize the fact that we have encountered  many situations, and that every single one has taught us something new. The commonality between them all is that ideas in a vacuum are less powerful than ones formulated using a team. The adage: “Two heads are better than one,” remains true, especially in finance.

So before you pay your debts with your Stimulus Check, consult with us. All it takes is one new conversation, one new plan, and someone that has your best interest in mind and that works within the legal system every single day. That’s us, and we promise that we will do our best to never steer you wrong.   

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coronavirus

Coronavirus: New Laws Will Accommodate Families

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We are consistently here to provide you with information that can help you navigate this difficult time. 

Below, we are going to discuss acts that are being expanded. 

These laws provide coverage, especially to those who must be out of work due to health-related issues.

Keep in mind that you always want to consult a lawyer about every legal decision, and with things changing by the day, we understand that information is power. Below, we will detail the Emergency Family and Medical Leave Expansion Act, and the potential changes could help you get the most out of your job while staying healthy and protected during the pandemic.

Expanded Coverage and Eligibility – The Act significantly amends and expands FMLA on a temporary basis. The current employee threshold for FMLA coverage would change from only covering employers with 50 or more employees to instead covering those employers with fewer than 500 employees. 

It also lowers the eligibility requirement such that any employee who has worked for the employer for at least 30 days before the designated leave may be eligible to receive paid family and medical leave. As a result, thousands of employers not previously subject to the FMLA may be required to provide job-protected leave to employees for a COVID-19 coronavirus-designated reason. 

However, the Act now includes language allowing the Secretary of Labor to exclude healthcare providers and emergency responders from the definition of employees.

These occupations are allowed to take such leave. The Act also appears to exempt small businesses with fewer than 50 employees if the required leave would jeopardize the viability of their business. 

Reasons for Emergency Leave – Any individual employed by the employer for at least 30 days (before the first day of leave) may take up to 12 weeks of job-protected leave to allow an employee, who is unable to work or telework, to care for the employee’s child (under 18 years of age). 

If the child’s school or place of care is closed or the childcare provider is unavailable due to a public health emergency. This is now the only qualifying need for Emergency FMLA and a significant change from the prior version of the bill passed by the House over the weekend, which contained several other COVID-19-related reasons to provide Emergency FMLA.

Paid Leave – Another significant change from the prior version passed from the House is the reduction of the unpaid period of Emergency FMLA. Now, the first ten days (rather than 14 days) of Emergency FMLA may be unpaid. 

During these ten days, an employee may elect to substitute any accrued paid leave (like a vacation or sick leave) to cover some or all of the 10-day unpaid period. 

After the ten days, the employer generally must pay full-time employees at two-thirds the employee’s regular rate for the number of hours the employee would otherwise be regularly scheduled. 

The new Act now limits this pay entitlement to $200 per day and $10,000 in the aggregate per employee. 

Calculating Pay for Non-Full Time Employees – Employees who work a part-time or irregular schedule are entitled to be paid based on the average number of hours the employee worked for the six months before taking Emergency FMLA. 

Employees who have worked for less than six months before leave are entitled to the employee’s reasonable expectation at the hiring of the average number of hours the employee would generally be scheduled to work. 

Job Restoration – Employers with 25 or more employees will have the same obligation as under traditional FMLA to return any employee who has taken Emergency FMLA to the same or equivalent position upon the return to work. 

However, employers with fewer than 25 employees are generally excluded from this requirement if the employee’s position no longer exists following the Emergency FMLA leave due to an economic downtown or other circumstances caused by a public health emergency during the period of Emergency FMLA. 

This exclusion is subject to the employer making reasonable attempts to return the employee to an equivalent position and requires an employer to make efforts to return the employee to work for up to a year following the employee’s leave.

Effective Date and Expiration – The president signed the legislation on the evening of March 18, which means the leave provisions will go into effect on April 2.

There are different portions of this Act that we will discuss in the future. What does it all mean for you? It means that you could potentially be entitled to benefits that weren’t available before. 

As always, if you have questions, we are here to help and disseminate information that may apply to your current situation. Do not hesitate to reach out. We are committed to consistently being your source for knowledge and how the laws are changing to help you. 

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Families-First-Coronovirus-Response-Act

[Alert] Families First Coronavirus Response Act

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The Orlando Law Group has summarized the details of the Families First Coronavirus Response Act.

Overview

  • President Donald Trump signed an emergency bill on Wednesday, March 18, 2020 to expand family and medical leave. According to various media reports, the bill guarantees paid sick leave for certain U.S. workers, including those employed by private entities or individuals who employ fewer than 500 employees.
  • The U.S. Senate passed the bill, titled the Families First Coronavirus Response Act, by a 90-8 vote.
  • The bill takes effect April 2, 2020, and it will end on Dec. 31, 2020.
  • If you would like to speak to a lawyer about this information, please call The Orlando Law Group at (407) 512-4394.

You can view the details in a downloadable PDF below:

ALERT: Families First Coronavirus Response Act. [PDF]

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Working From Home

How To Crush Your Job Working From Home. By Someone who Has for 15 Years.

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[Guest Article] Editorial note: This article is written during the coronavirus pandemic of 2020. Many companies are having their employees work from home while coronavirus works its course.

So here you are faced with the option or requirement to start working from home. Whatever the reason, you’ve got a lot of thinking to do. Working from home can be a daunting change of pace for many people. 

It’s quite different working from home. There’s a lot of consistency when you work in an office or regular place of business. Not so much at home. Some people live alone, while others have five other humans living with them. It’s fluid and dynamic, and every home has a unique environment and set of distractions.

Hi, I’m Chris, and for the last 20 years, I’ve run an Internet Marketing business. When I lived in New England, I had an office. It was cool, and I liked going there every day. But, after a while, I started working from home, and I found that I could be a thousand times more productive doing so.

That’s when I made the switch to permanently working from home. Over that time, I’ve learned a lot about what it takes to be incredibly productive working in the same place you sleep. So, stick with me here, and I’ll share with you my favorite tips for working from home.

Structure is Critical

There’s no denying that you can easily fall into a non-productivity chasm when you work from home. Distractions are everywhere you turn, and you are literally in the place where you most often chill out. 

So, you need to establish some clear structure into your day. Determine what hours you’ll be working, write them down or put them in your calendar or planner and stick to it. When it’s time to work, everything else gets put away. 

Focusing on structure and sticking to a schedule will help you mentally transition from being at home to being at work.

There’s also a benefit at the far end of a structured work-from-home workday. That is when your schedule for the day is over, you put the work away, and you resume your non-work activities.

Get Dressed For Work

No kidding on this one. Getting dressed like you are going to work will help you mentally transition into your workday. 

Staying in your sweats or that mumu you got from Wish will keep your mind in chill-out mode, and you will more easily become distracted. 

So, get in the habit of dressing for work.

Bonus tip: It’s easy to forget to shower when you work from home. Make a point of taking that shower in the morning before you “go to work.” You’ll thank me.

If You Are Doing Video Conferencing

There are few things more frustrating than trying to do a video conference and to have the other party complain that your video keeps freezing.

When it’s time to do that critical video conference, I recommend turning off any other device that might be using your internet connection. Make sure no one is watching Netflix or downloading large files during your call.

Often, I will not rely on my wifi and will instead connect a network cable from my laptop right into my home router to make sure I get the best speed possible.

If You Are Screen Sharing

Screen sharing is commonplace in virtual meetings. If you plan on sharing your screen, it’s a good idea to look at every open program. Make sure that whoever is looking at your screen doesn’t inadvertently see something that might be embarrassing to you, like a browser tab with your favorite K-pop video playing.

Silence!

In my house, there are sometimes four children, my wife, and my dog trying to live their lives while I work. After so many years of doing this, everyone usually works well together when I need quiet time for phone calls. Usually.

Then there are the times when, no matter how nicely I ask, there’s noise. While I don’t have to use this tactic often, there are times when you’ll find me in isolated silence in the back seat of my car. In my garage. 

The point here is, you have to be respectful to your clients or co-workers when you are on a call. Sometimes, you have to do whatever it takes.

The First Hour

If I were limited to only giving you a single tip, it would be this one. 

The first hour is the “rutter that steers the ship for your entire day.”

When you sit down to work for your first hour, get right to work. And I mean right to work. Stay off social media, don’t check your email, forget Pinterest. Get directly to work for a solid hour. 

I even suggest skipping your morning coffee and getting immediately to work for a focused hour. Then, after you bust out an hour of work, break. Make coffee, and get back to work. 

Nothing will make you more productive for the rest of the day than powering through as much quality work in the first hour. 

If instead, you sit down, sip coffee, and aimlessly scroll through social media, that’s what you’ll end up doing for hours. You’ll lose all steam, and your day will fall into a Facebook abyss. 

So, don’t do that. Focus and get to work.

Remember, You Are Not Alone

Many people struggle to get used to working from home. That’s easy to understand. It’s a dramatic change. 

Remember, you are not alone. Others are making the same switch and going through the same challenges. Make sure you keep lines of communication open with your co-workers and managers. Let them know how you are feeling and leverage all the resources you have available to make sure your working-from-home is successful.

Christopher Prouty is the founder of NineTwice, a Search Engine Optimization and Search Marketing company. He has clients around the world and has worked from home for over 15 years. He does not own a mumu.

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coronavirus-affecting-income

Is Your Income Affected by Coronavirus? Here’s Where to Start.

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With the Coronavirus, there has come a massive influx of change into our daily lives. Our health is, as always, our top priority. Although the Center for Disease Control is recommending that we take massive precautions, we also must take care of our jobs, routines, and responsibilities without being able to be physically present. Public health officials are recommending that those who are sick stay home. Preventing this virus from spreading has caused so many jobs to be put on pause or to come to a halt. It’s important to know that during this stressful time, we are here to help. It’s important that during this time, we take precautions for those who are at a higher risk.

   Even if it’s simply for someone to talk to in case your income gets effected, we believe that conversations with us imbue confidence about the future, which always contains a bit of uncertainty. Consultations are free, and our attorneys go out of their way to consistently be insightful and incredibly helpful. Small businesses have individuals working there that cannot afford sick days, and the businesses themselves can’t afford paid sick leave. The Coronavirus Pandemic is going to have long-term effects on products and services at both the state and local level. The government is doing what they can to brainstorm ways to combat higher rates of job loss and make the federal reserve work to help those who have had a loss of income, but of course, health care costs remain a struggle for those who have lost income due to social distancing and not being able to go to work.

   Here in the United States, bankruptcy is not a situation where someone has failed, but rather a situation where someone is beginning to take control. It’s most important to be prepared during uncertain times, and the more ready we are when life happens, the more we can cope with the change. Coronavirus has certainly brought a lot of fear, change, and damage to an economy that benefits from being able to be present at work. Some workplaces can survive using teleconferences and meetings via computer, but others simply cannot. If you have struggled financially because of this virus or have any questions about the future and any, “What if” scenarios, we are always here to help. We care about you and the well-being of the community, and we want to help you stay safe, comfortable, and confident through this difficult time.

   Many of our clients have come to us after they’ve gotten behind on payments, and that’s why we want to let you know that it’s never too early to sit down and have a conversation, especially given the fact that you might be out of work and missing some paychecks. Absolutely talk to us before you talk to a debt consolidation company. Many Debt Consolidation Companies will take advantage of the client, placing them in even more debt than they were before. We have seen this happen before.

   How has this virus effected your life? We want to know because if there’s an opportunity to help you cope with the change, we will make it happen. The stories that are coming from those we care about are harrowing, and we are committed to our community and to our clients. Even if it’s just to stay connected, do not hesitate to reach out. The ultimate point we want to leave you with is this: don’t let fear or panic stop you from acting. The best knowledge is to be informed by your options. A lot of people, when this happens, start to put their heads in the sand and ignore paperwork and phone calls. It’s best to get on the phone with us as quickly as possible, and together we can help you get to a stable point.      

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