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Trust This.
By Joseph E. Seagle, Esq. โ Apr 21, 2023
Smart Brevityยฎ count: 6 mins...1584 words
๐ Happy Friday! Itโs National Pickleball ๐ฅ๐พ Month. Iโve never played, but I know many who do, and they seem to be a little fanatical about it. So there must be something there โฆ.
On another note, as youโll see in the fourth card below, itโs a new day in our familyโs world of Florida land trusts.
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1 big thing: Rent control vote nullified
The Florida Supreme Court refused to take up Orange Countyโs appeal of the lower courtโs order that the countyโs rent control ordinance is null and void.
Why it matters: The refusal to hear the case effectively kills the ordinance passed by the countyโs voters by almost 60%.
State of play: As weโve written in the past, Orange Countyโs Commissioners voted to let voters decide whether to pass a very limited rent control ordinance.
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REALTORs and the Florida Apartment Association sued, saying that the ordinance violated a statutory requirement for a housing emergency before an ordinance like it could be passed.
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The trial judge agreed with the county commissioners and let it go on the ballot to see what the voters wanted to do.
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The vote was held, and voters approved.
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The court of appeals said it should never have been on the ballot and sent it back to the trial judge to enter an order to that effect.
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The trial judge then ordered Orange Countyโs Supervisor of Elections not to certify the results of the vote, nullifying it.
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The county appealed to the Supreme Court, whose justices decided to let the ruling stand without hearing and then stated that no requests for rehearing would be entertained. In other words: โYouโre done. Go away.โ
Whatโs next: The County could take its case to federal court but is unlikely considering the costs and the fact that the question could be considered moot now that rents are stabilizing.
The bottom line: Since the ordinanceโs passing, Floridaโs legislative branch amended the rent control statute to outright prohibit any local rent control ordinances, the governor signed it, and the courts nullified the one vote to pass such measures. This is the latest example of the lack of daylight left among Floridaโs three branches of government.
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Photo: NASA
Insurance policies will cost an extra 1% since the state imposed an extra surcharge on most types of insurance (except for automobiles) to cover the losses of insolvent insurers.
Why it matters: Floridians pay the highest insurance rates in the country. Even though itโs only another one percent, it adds to the overall cost of the premiums.
The surcharge goes into effect in October.
What they're saying: A recent USA Today article interviewed several Florida homeowners to see how it is affecting them:
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Condo ownersโ monthly assessments are increasing astronomically to pay for their associationโs buildings and common areas insurance.
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Citizens on fixed incomes take out home equity loans and tap their 401Kโs to pay premiums.
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Some are still facing open claims after Hurricanes Ian and Nicole. They have no insurance coverage now that their insurer is insolvent, and they canโt get a new policy because they have an open claim. A Catch-22.
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Others are taking out personal loans to replace their roof so they can maintain coverage, or theyโre contemplating leaving Florida.
Whatโs next: When passed, Florida legislators said it would take 18 months for their 2022 statutory fixes to trickle down and reduce premiums. That would mean we should start seeing lower premiums by the end of this year. If we donโt, fewer retirees choose Florida while others flee the state for lower insurance premiums.
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Photo: Saad Chaudhry
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An Osceola County mortgage loan officer is facing 30 years in prison after a federal jury found her guilty of โ among other things โ forging judgesโ signatures on fake court orders to get loans approved. The Legal Description
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Foreclosures jumped to 65,000 new filings in the first quarter. Is it a sign of a flood to come? REALTOR
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In Tampa, Millennial homeowners (finally) outnumber renters. Axios Tampa Bay
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The U.S. has a manufacturing real estate problem because there are too few open spaces where itโs viable to plop down a multi-billion-dollar plant. Reuters
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Orlando home sales rose 31.1% between February and March, and inventory increased by 22.1% in the same time period. Looks like the Spring sales season has begun. Orlando Sentinel
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Our family grew larger this week!
On Tuesday, Land Trust Service Corporation, Floridaโs oldest and largest land trustee company, joined forces with our company, TRSTE, LLC, to form what is believed to be Floridaโs largest and most-experienced land trustee company. The two companies will operate under the new brand of MyLandTrustee.com
All combined companies' operations will be handled out of TRSTEโs Orlando offices. The registered agent offices for all companies for which LTSC or its subsidiaries acts as the registered agent will likewise change to the Orlando office.
The combined companies can be reached during extended business hours, toll-free, at (833) 4-FLTRUST [(833) 435-8787], or at [email protected].
State of play:
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Mark wrote the first book on Florida land trusts in 1984, now in its 10th edition, and founded Land Trust Service Corporation in 1998.
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I founded TRSTE, LLC a few years later in 2004.
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We met each other formally during our service on the Florida Barโs Land Trust Subcommittee of the Real Property, Probate and Trust Section in the mid-2000โs.
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We worked together on that committee to help draft and pass the last two major overhauls of the current Florida Statutes that govern land trusts.
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As attorneys with a lot of land trust and LLC experience under our belts, working together is a natural fit.
What they're saying:
Mark: Alexandra and I are very thankful for our clients and have been enriched to serve real estate investors, developers, and owners who treasure their anonymity, entrusting us to protect that confidentiality for over 25 years. We are happy to have someone as knowledgeable and experienced as Joe to continue and modernize our services.
Joe: Iโm honored that Mark, my land trust guru and sounding board over the years, has the trust and confidence in our crew to handle the daily operations for LTSCโs trust and LLC formation and administration services. We look forward to providing all of our clients world-class, white-glove services for years to come.
What's next: The companiesโ teams will standardize and streamline processes to make it even easier for LTSCโs clients to work with the combined companies through revised policies and procedures:
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We are happy to execute most documents, including trust agreements, electronically and will sign all purchase contracts and leases on behalf of trusts to protect the beneficiariesโ identities, returning them via e-mail within one business day of receipt.
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We donโt charge extra for signing documents. The annual trustee fee covers the signing of as many documents as requested each year.
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We will accept most e-mail directions to trustee without the need to print a form, complete it, sign it, and scan it back.
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We can record deeds and other official records electronically in our office when requested.
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The combined crew of the new organization is extensively experienced in real estate title and closings. As such, in addition handling all notarizations in-house five days a week for no additional fees, we also โspeak their languageโ and have gotten high marks from title agencies all over Florida for our efficiency and knowledge in coordinating real estate closings involving land trusts. We have great relationships with several title agencies with deep experience in working with land trusts, and weโre happy to coordinate closing services for our Trust and LLC clients.
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We donโt charge extra for receiving and forwarding certified mail, and we will forward most received notices to clients by electronic mail to save time.
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The organization will continue to be powered by attorneys, like Mark, who have extensive experience and deep knowledge of real estate and LLC laws in multiple jurisdictions.
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The company will offer to LTSC clients a trust bank account where funds from closings can be deposited and then wired out to the beneficiaries to protect their anonymity further.
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All of LTSCโs physical files are being scanned into machine-searchable formats so we can locate information more quickly from anywhere over secure encrypted channels.
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Over the next year, we will implement new technology to give clients 24/7 access to their files over encrypted connections through any web browser, together with the ability to order new trusts, text us, and pay invoices online.
If you ever have any questions, please do not hesitate to call us at (833) 4-FLTRUST [(833) 435- 8787] or e-mail us at [email protected]. Also if you havenโt done so already, please provide us with your latest mailing address, e-mail addresses, and phone numbers so we may ensure we can reach you with information about your trust property.
Finally, if you need to see us or send us any physical documents, you can send those to our new address at 924 West Colonial Drive, Orlando, FL 32804.
Again, we are grateful for the trust and confidence you have bestowed on us over the past 25 years, and we look forward to working with you and your families for decades to come.
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We hope you found this helpful โ any feedback is appreciated and can be shared by hitting reply or using the feedback feature below.
Be on the lookout for our next issue! ๐
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