New Business Considerations

 When setting up a new business, there are many considerations that one must consider.  Here are a couple:

 

1. Have a business plan (likely needed for financing applications);

2. Understand operational model and determine whether there are any licensing requirements;

3. Speak with insurance agent to determine coverage needed;

4. Have a preliminary idea when meeting with your lawyer about type of business entity;  speaking with an accountant may be of value in addressing tax implications;

5.  Determine who will have management authority;

6.  Company bank account(s);

7.  IRS/DRS registration numbers;

8.  Maintenance of sound corporate records;

9.  Operating/Shareholder/Partnership Agreement to define relationship/rights/responsibilities of participants;

10. Do not commingle assets; and,

11. Understand proper execution of business-related documents.

 

Of course, every matter is different and speaking with knowledgeable and experienced professionals is advised.

 

www.ferrarahayden.com

 

 

2013 Legislative Real Estate Updates

FYI:

http://www.cga.ct.gov/2013/rpt/2013-R-0303.htm

Multiple Promissory Notes

A client, at the last minute, asked me sit in on a refinance yesterday where her lender sent its own notary to execute the closing package, and I'm happy she asked me to assist.

In my experience with these types of closings where borrowers do not engage their own lawyer for the refinance and the lender sends a notary, the notary is not permitted to give legal advice, and the explanation of the closing documents is very cursory.

Making things worse, this particular notary insisted that my client execute two promissory notes.  There is entirely unnecessary, and risky.  An original promissory note is a negotiable instrument (as is a check) which can be enforced.  Executing two originals potentially creates two enforceable obligations.  After quite a bit of "discussion," the notary and lender accepted my refusal to permit my client to execute two notes.

Be wary.  Consider hiring an attorney to assist you with the entire refinance and protect you for basically the same cost that the lender will charge to send the notary.

Bad luck!

Had residential sale last wk - due to local power outage, unexpected water infiltrated into my client's basement immediately prior to walkthrough through no fault of either buyers or seller. Just strangely unlucky.


That's what closings are all about every once in a while - important to keep calm, gather facts, and propose reasonable solution. Usually we're all working towards common goal in RE transaction.

Commercial Lease

Please be sure to consult with an attorney. They're much more complicated, and you can be locked in generally for much longer than residential obligation. The effort and due diligence performed now will be worth it when all said and done.

Monroe Inland Wetlands Commission Update

Article from recent Monroe Inland Wetlands Commission meeting:

http://monroe.patch.com/articles/wetlands-commission-denies-permit-for-shopping-center-on-main#photo-13505533

Prejudgment Remedy in Personal Injury Actions

Connecticut allows a Plaintiff to file an application for prejudgment remedy - I do it occasionally in personal injury matters where a carrier is not negotiating in good faith, and where damages will be in excess of policy limits.  Assets of the insured can be attached in the event judgment is obtained and insurance is not available to satisfy Plaintiff for his/her injuries.

Collect those CAM charges!

Condo associations and property management companies need unit owners to make their common charge payments.  It's crucial to have funds to properly maintain the association.  Connecticut law provides for a six month priority lien, so options are available to collect against a delinquent home owner.  Times are tough for many, so hopefully unit owners are often (and rightfully so in my opinion) given some leeway, as long as they're responsive and demonstrating good faith efforts to remain current.  But, having substantial amounts owed, over long periods of time, can also negatively affect the marketability of units where the owners are current.  If they're trying to sell, prospective purchasers may be discouraged when they review the resale package.  Current owners' costs may increase.

The 6 month statutory lien may be foreclosed (following notice per FDCPA) and the owner's lender (as opposed to unit owner) steps in ("appears" in foreclosure) and pays off the delinquency for various reasons, one being to avoid incurring additional legal fees and costs, and protect their security (mortgage).

It's also important to monitor foreclosures where a lender is foreclosing for nonpayment.  There is the afore-mentioned 6 month priority which would ultimately be paid when title passes, and would not be foreclosed out.  However, if more than 6 months is owed, the difference does not take priority over the mortgage, so it would be foreclosed out and claim lost.  But, there are ways to negotiate and recover most of, if not the entire, balance.  Statutorily, legal fees are paid when satisfied (either by owner or lender), so if there's concern about incurring cost for a lawyer to prosecute, the costs and fees get shifted to the debtor.

Bottom line, there are different ways to go about keeping that reserve full, and may not be as expensive and difficult as you think.  Call if I can be helpful.

Jeremy Hayden
jhayden@victoriaferrara.com
203-255-9877

Suit Over NY Giants Tickets!

I am working on a very interesting case.  I am preparing a prejudgment remedy application, which allows a creditor in CT (following civil probable cause hearing) to attach assets of an alleged debtor even before commencement of a law suit, to preserve assets sufficient to satisfy a judgment if the case is ultimately successful on its merits. This one's interesting because it involves an action to recover personal property - specifically, recovery of NY Giant PSLs.

 

Jeremy Hayden, Esq.

www.victoriaferrara.com

New Consumer Protection Law

http://www.consumerfinance.gov/pressreleases/consumer-financial-protection-bureau-issues-rule-to-protect-consumers-from-irresponsible-mortgage-lending/

Consumer Financial Protection Bureau Issues Rule to Protect Consumers from Irresponsible Mortgage Le

www.consumerfinance.gov

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Know what you're in for...

If you're buying a house, and hope at some time to install a pool, shed, etc., you may want to take a look at what's involved at the municipal level early on in the process. A building department application is almost always required for putting up any "structure"; it's often a simple and straight forward application. But, if the pool will be encroaching into any zoning setbacks (for example), i...t adds a wrinkle. If there's a river/stream within a hundred feet or so, it may get a little more complicated. If there is a conservation easement or other restrictive covenant, that may preclude any development at all. A local builder, an experienced realtor, and your lawyer can help with getting answers in advance.

Unknown Fairfield Landlord Requirement

Landlords in Fairfield MUST obtain Certificate of Rental Occupancy from Department of Health. This is different than, and in addition to, compliance other municipal requirements (building, zoning). The folks in DPH in my experience have been helpful, responsive/timely, and pleasant to deal with. I post about this topic because I had another issue with it pop up yesterday. No one knows of the requirement, so I'm just trying to help get word out.