Category: Blog

Andelsman Law is pleased to announce the addition of Ian Axelrod, Esq. to our team of attorneys. Ian has joined the firm as Senior Counsel and will manage the Commercial Real Estate Group.

Ian is an accomplished attorney with a primary focus on representing private lenders, financial institutions, investors, developers, and domestic and international high net worth individuals and investment groups in all facets of lending, borrowing, acquisitions and other real estate matters. Ian has represented prominent lenders, developers, property operators, business owners, and investors for both residential and commercial property development projects. Ian provides counsel on the acquisition, renovation, and lease of multi-family, mixed use, condominium and various other real estate projects. Prior to joining the firm, Ian was the Managing Attorney at The Shiponi Law Firm, P.C. and, Associate at The Law Offices of Frederick J. Giachetti, P.C.

Ian graduated from SUNY at Buffalo in 2007 with a Bachelor of Arts degree in Political Science, Public Law Concentration. He earned his Juris Doctor degree from Touro College, Jacob D. Fuchsberg Law Center in 2010. Ian was admitted to the New York Bar Association in 2011.

“We are pleased to welcome Ian to our firm,” noted CEO and Managing Partner Larry Andelsman. “Ian brings a high level of diversified experience and skill in Private Lending and Commercial Real Estate Law, as well as a strong commitment to providing superior representation and service, which will greatly benefit our clients and the firm.”

About Andelsman Law

Andelsman Law is a New York (NYC) based commercial & residential real estate law firm with a primary focus on the Private Lending industry and a recognized reputation for skillfully representing lenders, developers, and individuals in a wide variety of real estate and corporate transactions. Founded in 1994 by Lawrence Andelsman, the firm occupies a unique position among New York law firms with its extensive knowledge of private lending and commercial real estate transactions. Andelsman Law has represented a diverse group of thousands of developers, commercial and private lenders, and small to mid-size growing businesses in all aspects of real estate transactions and related corporate matters.

The focal point for real estate investors, particularly those new to the business, is to have the ability to have cash available to propel their investment strategy. Private Lenders provide capital and flexibility that strengthen investors’ ability to close deals and grab market share. Establishing relationships with lenders that can fund quickly and that have the ability to think outside the box, allows investors to take advantage of all opportunities and to stay ahead of the competition.

The fix and flip and investment markets are red hot with home prices surging. The influx of home buyers leaving the city for suburbs seeking newly renovated move-in-ready homes is at a historical all-time high. Investors inspired by the rising market and exposure through television have also piled into the business over the last year. With this tremendous upsurge, data experts estimate that the number of fix flip lenders has also increased more than 50% in just the last few months.  Lenders have forged into the market chasing higher returns all secured by first priority mortgages on properties that are in short supply. This competition amongst the lenders has driven interest rates and costs to investors at an all-time low leaving both sides of the lending transactions feeling like winners.

Many investors expect the fix and flip market to continue its upsurge this year. Per Bloomberg, AlphaFlow estimates that investors could sell $75 billion worth of homes over each of the next two years, compared with an average of around $56 billion over each of the last three. The Private Lenders will continue to fuel the market with opportunities.

Andelsman Law Specializes in forging investor/ private lender relationships

Intrigued? You should be—The Private Lending space is exploding with new opportunities, products, and innovative lending platforms. In addition to the accustomed fix and flip space, Private Lenders are providing capital for the acquisition and refinance of multi-family, commercial, industrial, and mixed-use properties. Significantly, Private Lenders now serve as an alternative to traditional bank financing by originating thirty (30) year fixed rate rental property loans.  Moreover, many lenders are equipped to craft a tailored financing product for experienced investors including ground-up and rehab construction loans.

Andelsman Law, a private lending law firm, specializes in facilitating the process and is ready to assist investors in finding the right Private Lender for all real estate investment deals. With over 75 years of combined experience, Andelsman Law can create opportunities for investors through its vast network of Private Lenders nationwide.

Tap into this tremendous potential with the help of Andelsman Law’s diverse team of experienced real estate professionals and attorneys who can assist you in tailoring a customized funding plan to fuel your real estate investment business.

With the economy in an unprecedented state of flux, it’s essential for private lenders to concentrate and migrate to markets that offer the highest potential return on investment.

Real estate investors are seeking private financing across a wide range of investments including fix and flip loans, long-term rentals in SFR and multi-family, ground-up construction as well as commercial and industrial loans.

It is essential for private lenders to be active nationwide covering a diversified portfolio with flexible and accessible funding options. Here’s an overview of what market conditions to keep an eye out for that indicate growth in the coming year.

Traits to Look For

Federal Reserve Bank President Raphael Bostic stated recently, “Every city has its unique narrative as to why it got to where it got. I don’t think there is a general formula that if you hit each point at a certain level you guarantee an outcome.”Bostic’s insight highlights the need to analyze basic market data and trends.

Moreover, the below criteria are a guideline to housing markets that may see increased demand for private lending.

• Educated Employee Base: Areas that have an above-average percentage of workers with advanced education experience tend to be more stable. This resonates with a lower foreclosure rate and reduced risk of mortgage payment delinquencies.
• Corporate Headquarters: These hubs of business activity and projected expansion offer a significant return on investment with a lower risk profile compared to more isolated areas
• Youthful Workforce: A younger employee population is positively correlated with robust private lending activity. Millennial workers tend to migrate to areas where there are employment opportunities and high accessibility to desirable amenities. These drawing factors lend themselves to increased real estate valuation. As such, this suggests that increased demand for private lending for projects in these areas.

We’re Here to Help

Regardless of where you plan to lend, the private lending attorneys at Andelsman Law are here to assist you in the coming year and beyond.

We have the requisite experience and know-how to offer you the personal attention and flexible solutions you need to compete in this competitive industry. Contact us today to learn about how we can assist you.

On December 28, 2020, the New York Senate Special Session was held to consider the COVID-19 Emergency Eviction and Foreclosure Prevention Act.

The bill is the most robust to date in terms of extending eviction moratoriums. It is intended to keep New York tenants and property owners in their homes. Also, they are experiencing economic challenges due to the coronavirus pandemic.

Any eviction proceedings that have already been initiated within 30 days of the pending legislation will be put on hold for a minimum of 60 days to afford renters and mortgagers the chance to file a declaration of hardship.

In essence, this enacts a two-month bar on evictions to make sure state residents have the ability to benefit from the protections offered by the new law.

New York Governor Andrew Cuomo signed the bill into law on December 28, 2020. Here’s a closer look at the broad eviction ban for residents of the state.

Provisions Introduced In a Legislation

The legislation, introduced by the Democratic Senate Majority, contains the following provisions:

• Eviction Moratorium: The bill establishes a Standardized Hardship Declaration Form, which rents can file in court or directly to their landlords to block or halt eviction proceedings until May 1, 2021. They are financially impacted by COVID-19 hence, they are unable to pay their entire rent on time. Else, a member of the household has a condition that puts them at increased risk of severe medical conditions when they contract the virus. Renters or homeowners must show that they have lost income; have higher expenses related to health or childcare; have been unemployed due to a health crisis, or are unable to pay for moving costs.
• Foreclosure & Tax Lien Sales Protection: The Act offers protective measures barring foreclosure and tax lien sales against any residential property owner that has less than ten or fewer dwelling units. The owner must file a Standardized Hardship Declaration Form with their mortgage provider, local tax assessor, or with a court in which they present a financial hardship preventing them from meeting their mortgage or property tax installments as a result of reduced income, increased costs, or the inability to obtain alternate employment.
• Bars Negative Credit Reporting & Discrimination in Extending Credit: The Act further protects property owners from credit discrimination if the owner falls behind on mortgage installments on the unit in which they reside or due to the fact that they were granted a stay of mortgage or tax foreclosure proceedings. This provision is limited to single-family home residences, co-ops, and owner-occupied multifamily primary residences with one to nine rental units.
• Automatic Renewal of Senior Citizens’ Homeowner and Disabled Homeowner Exemptions: Under the new legislation, local governments are obligated to renew the annual requirement that eligible recipients recertify their Senior Citizens’ Homeowner Extension (SCHE) and Disabled Homeowner Exemption (DHE) benefits for 2021. Typically, those eligible for these programs would have to file renewal applications on their own in person with the assessor.

What Does This Mean for Landlords?

Keep in mind that a landlord who has a pending eviction case filed 30 days before the Act’s effective date will be prevented for at least 60 days or until May 1, 2021.

Now that the law has taken effect, it may be too late to get your case processed unless the case is deemed a nuisance holdover.

Following the expiration of the eviction moratorium in May 2021, it is largely dependent on the success of the vaccine and the percentage of the population that has received it.

The long-term negative financial effect of outstanding rent balances for landlords has prompted several New York organizations that represent property owners to voice their disapproval of the new Act—as Jay Martin, executive director of the landlord organization Community Housing Improvement Program, described the legislation was effectively “kicking the can down the road” and not addressing the root causes of COVID-19’s collective impact on the industry.

Government Rental Real Estate Legal Assistance Programs for Landlords

There are several federal and state programs that may be utilized to pay the arrears of tenants who have been affected by COVID-19.

The Federal Emergency Rental Assistance program makes available $25 billion to assist households that are unable to pay rent and utilities due to the COVID-19 pandemic.

Eligible households may receive up to 12 months of real estate legal assistance, plus an additional 3 months if the grantee determines the extra months are needed to ensure housing stability and grantee funds are available. 

The payment of existing housing-related arrears that could result in the eviction of an eligible household is prioritized.  Assistance must be provided to reduce an eligible household’s rental arrears before the household may receive assistance for future rent payments. 

Once a household’s rental arrears are reduced, grantees may only commit to providing future assistance for up to three months at a time. Households may reapply for additional assistance at the end of the three-month period if needed and the overall time limit for assistance is not exceeded.

An application for rental real estate legal assistance may be submitted by either an eligible household or by a landlord on behalf of that eligible household.  

Interested in learning more? Reach out to the Law Offices of Lawrence Andelsman, P.C., a New York-based Law Firm representing Private Lenders, Developers, and Investors nationwide.

The collective impact of COVID-19 is in a constant state of flux—with the public and private sectors scrambling to adjust for this unprecedented event and implement measures to ensure the continued sustainability of daily operations.

This is certainly the case when it comes to the Connecticut real estate market, with ongoing developments taking place concurrently from both a governmental and private real estate market perspective.

With all of these changes, it can be challenging to stay up to speed when it comes to how certain changes will impact you and your business.

Not to worry, here’s a brief overview of the latest key updates across the state of Connecticut so you can plan accordingly.

Tax Deferrals Offer Relief

Connecticut Governor Ned Lamont signed off on Executive Order No. 9R in mid-December permitting taxpayers to defer their second installment of real estate, personal property, and supplemental motor vehicle taxes.

The legislative action is intended to provide much-needed assistance to taxpayers seeking tax deferral as a result of widespread furloughs, layoffs, business closures, or similar circumstances associated with the coronavirus pandemic that has led to financial stress for countless Americans.

However, it depends on the individual town in which you reside as to whether the deferment will be interest-free—which is the case in Suffield, South Windsor, and Bloomfield—or at a reduced interest rate—3% or less to be exact in both Berlin and Enfield.

It is also determined on a town-by-town basis whether or not you have to apply for a deferment or if everyone is eligible for the deferment. To reference your specific location, a statewide index of municipalities in which blanket deferment or low-interest rates is accessible on the Office of Policy Management website.

At the pinnacle of the coronavirus pandemic in April 2020, Governor Lamont implemented Executive Order No. 7S, which mandated that municipalities had to either defer July 1 tax payments for three months with no interest from the time they were due or reduce the interest rate by 1.5% to 0.25% monthly.

Per the latest executive order, the deferment and reduced interest initiatives are only applicable to new charges that were due starting January 2021 and do not provide amnesty for preexisting delinquencies.

In places where taxpayers must apply for deferment, the household must prove a reduction in income of at least 20%, whereas a business must prove that its anticipated revenue will drop at least %30 over the course of the deferment period. For landlords, they must provide documentation proving that their properties will suffer a significant revenue decrease attributable to COVID-19 and are required to offer rent forbearance to tenants that are equal to the delayed tax and utility payments they receive.

Real Estate Market Update

Despite the chaos associated with the pandemic, the Connecticut real estate market has shown resiliency. With its sprawling, multi-million-dollar homes and pristine lawns, Greenwich, Connecticut has always been a refuge for wealthy hedge fund managers and the Wall Street elite.

But the advent of the pandemic, a new influx of affluent New York City residents have flooded the town looking for more space and suburban security. Accordingly, Greenwich—which is less than an hour away from the heart of New York City—has experienced a dramatic uptick in property transactions, with brokerage firm Douglas Eliman reporting that the median home price is approximately $2.1 million, up 18% from this time in 2019.

Even when the new real estate tax became effective in July that tacked on a 2.25% tax on the percentage of residential property sales totaling over $2.5 million, buyers at the top of the tax bracket appeared to be unfazed as the sales rate remained consistent over the summer and early fall months.

Sales weren’t the only metric that experienced significant growth, with a strong demand for rental properties arising as the coronavirus continued to spread. Between March and August, there were over 60 residences in Greenwich that rented for over $20,000 per month, compared to under 20 going for the same rate last year.

Connecticut suburbs like Greenwich with car-dependent, luxury houses were largely stagnant when it came to sales activity during the financial crisis. Potential buyers at that time were focusing on walkability, wanting to be able to be within relative arms-reach of all daily essentials. But now in a pandemic setting, the priorities for buyers have shifted dramatically, with the emphasis now more on privacy and square footage. Real estate investors can expect this trend to continue well into the future with the rapid implementation of telework protocol and other risk mitigation factors that have considerably altered the ways in which people conceptualize their homes as joint residential and work/educational spaces.

Real estate markets do not react favorably to uncertainty. With the presidential election looming and the continued COVID-19 pandemic impacting the economy, there is a substantial amount of continued uncertainty in the cards for the foreseeable future. It is clear that both urban and suburban markets will see wide-ranging and disparate instability as a result.

With Mortgage rates at historic lows, the demand for housing is at the highest levels in the last 25 years. This demand has caused a shortage of housing inventory in highly desirable suburbs and non-urban areas. Developers and builders nationwide have focused on these opportunities with new projects and investments.

Invitation Homes, one of the nation’s largest rental-home development companies recently announced plans to invest over $1 billion in acquiring SFR units in key markets primarily located in Florida and Texas. Further, a recent report on U.S. home flipping statistics compiled by ATTOM Data Solutions indicates that while the use of the fix-and-flip investment strategy declined from 7.5% to 6.7% of all home sales on a nationwide basis, the gross profits of these flips spiked nearly 8% higher from the first quarter to the second quarter of 2020—which is over a 10% annual increase from 2019.

Florida has the fourth highest population in the US. The recent market trends have seen a boom in the fix and flip market in Florida. Before the pandemic, increased migration was trending upward based upon factors including the absence of state taxes, lower population density, great weather, and more wide-open space. The health and financial concerns from the pandemic have only made Florida more attractive for those seeking to flee urban areas throughout the country. Clearly, Florida fix and flips and multi-family investors will profit from an array of trends impacting migration.

Across the United States, homebuyers are moving to locations that offer lower tax markets and increased employment opportunities. With Florida Governor Ron DeSantis lifting restrictions on the Sunshine State’s restaurants and other businesses, there has been an unfettered return to business as usual which appeared to synch with earlier predictions by real estate experts that Florida would prove the fastest to emerge from the COVID-19 crisis. 

At the Law Offices of Lawrence Andelsman P.C., our expert attorneys will guide you and provide you with the direction and counsel needed in the commercial and private lending space. We offer a wide variety of services that include nationwide closing and settlement, commercial and private lender representation, review and negotiation of master loan purchase agreements, and filing and structuring legal business entities. To learn more about how our attorneys can help you with your next fix and flip deal, reach out today! 

Tips for Hard Money Lenders

More than ever there are abundant expansion opportunities for hard money lenders outside New York City and the Boroughs.

Due to the significantly decreased demand, the shutdown of the NYC economy, severe legislative restrictions on property owners, and general mass exodus out of the City, real estate investors are targeting locations all over the country as an alternative.

Here are a few general pieces of advice for hard money lenders looking to expand their business operations outside of New York City.

• Educate your team on desirable locations and trends in investment and development outside the NYC area.
• Initially concentrate on a single location and seek to tailor your lending services to accommodate the local lending needs in that given area.
• Research the general competition and availability of private money in those areas and target those areas with fewer hard money players.
• The tri-state area is extremely competitive with an abundance of lenders, this is not the case in many areas throughout the country.
• Utilize your established network to gain contacts in the targeted areas.

In addition, pivot your business approach and develop direct contacts with local brokers, investors, attorneys, and real estate professionals through LinkedIn.

Through these communications, you will quickly learn the lending demand in these markets.

Bringing knowledge plus established speed and efficiency to markets not accustomed to such could be eye-opening and create immediate opportunities.

If you are looking to expand your lending business into new areas, reach out to Andelsman Law today.

We specialize in helping leaders grow their businesses nationwide utilizing our expansive nationwide network of real estate professionals, investors, lenders, and capital providers.