Category: Our Group

Crystal Snyder – Property Wholesaler

Crystal Snyder has only been buying and selling Real Estate for less than two years.  Prior to becoming an agent she received a certificate in Cosmetology, an Associates degree in Science and two degrees, one in Economics and the other in International Business.  She was working towards her Master’s Degree when she decided on a career in Real Estate.  When I met Crystal, she was a mother of 4 children but recently adopted a 5th child.

When she started in Real Estate, I suggested she find a niche rather than try to do everything.  Crystal took to working auctions and flipping contracts as if she had always been doing this.  She had immediate success, so much so that she discovered the “Secrets” of one of the major online Real Estate Auction sites.

She has privately mentored several new Investors.  One earned his first equity on a property after only 2 1/2 months after starting.  His share of the property was over $16,000.  Did I forget to mention he was only 18 years old with no Real Estate experience?

I will write about some of her most current closings in another blog.  Crystal’s company will be working directly with mine, Real Estate Services of SWFL to bring these properties to our Buyers’ lists.  She will also be teaching people how to duplicate her system.

Welcome back to Florida, Crystal.  Let’s help these new Investors get in one the Action!

Crystal

 

Mario Franchini – Co-Owner, Residential Home Sales & Property Manager

Mario Franchini is a real estate professional/Broker and top producing agent in the SW Florida area.  In his words:

“I have lived in Cape Coral since 2004 and have called Cape Coral, Florida my home and the place to develop my passion for real estate which I started in 1998 in the Miami area.Mario Franchini

In my practice of over 16 years in Real Estate, I am well known for great customer service, communication and strong attention to the details which makes every transaction a pleasant experience for all parties whether you are buying, selling or renting. In the last 5 years, I have added Property Management with great success representing investors from different parts of the world like Japan, Israel, Canada and United Kingdom.

Since 1998 I helped nearly 300 families achieve the dream of home ownership in South Florida. I know what it takes to successfully close a transaction.

I’m not #1, YOU are!”

Mario Franchini
Broker Associate/Property Manager
Real Estate Services of SWFL
13180 N. Cleveland Ave # 207
N. Fort Myers, Fl. 33903
Cell: 239-810-1822
mrfranchini@yahoo.com

5th Year in a Row, Thanks!

Thanks to my Readers’ for your support!  This is the 5th year in a row I am on the Top 150 list posted from Duke Long.  (Click on picture)

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Mike Cathell,
Broker/Owner, Investment Property Consultant
Real Estate Services of SWFL, LLC

Cell:  (239) 770-6250   Fax:  (239) 288-2505
Email:  InvestSWFL@gmail.com

Real Estate Services of SWFL welcomes new Agent – Molly Jennings

We are growing again to keep up with the business being generated.  This week Molly Jennings has joined the team and will be leading our Residential division.  Already she has become a valued member of the team finding Waterfront properties as well as Gated Community homes for our prospects and clients.  Here is a short bio in Molly’s own words:

“Originally from upstate NY, Owned & Operated a Marketing Company for many years. Relocated to SW Florida and have been P1-258f9involved in the real estate business for 12 yrs in the SW Florida Market.  Have managed brokerages, trained new agents, operated a vacation rental business, property management & annual rentals. Extremely knowledge in all aspects of residential sales, residential marketing, new construction-sales programs, Design/build- “on your lot”  building, Certified new home specialist, Investor programs, foreclosures, & land sales. Have been a Top Producer for many years.  Having a strong marketing background enables me to see the big picture & how to go about marketing a property for best exposure to the market.  I specialize in listings/sales of Luxury Waterfront Estates. All of my clients get my un-divided attention to their needs while hunting for their home all the way to closing.  If you are looking for an agent with integrity, knowledge & experience, that will work on your best behalf and treat you like your family then call me today.”

Molly Jennings

Cell:  (619) 592-6829

Email:  mjjhothomes@aol.com

Should I put my Florida homestead in my living trust?

Hello Friends and Colleagues:

So I’m fighting off the Florida summer heat and the doldrums to continue to deliver great estate planning content to you offered like no other law firm.

One question that has often come into my practice, and has actually been the subject of some debate within the legal community, is whether a Florida Homestead should be titled into a revocable living trust?

This question arises due in large part to the unique homestead protection offered under the Florida Constitution. First, when we talk about homestead protection in this context we are not talking about the tax exemption status offered by the county of residence. Rather homestead protection in this context refers to the protection against creditor attachment or protection against liens and/or judgements filed against the homestead by a creditor of the homeowner.

Florida is unique in offering 100% homestead protection provided the real property meets the requirements of 1/2 acre within a municipality or not more than 160 acres outside of a municipality.

Where things got a bit dicey for awhile related to an inconsistency between the 4th Circuit which held that homestead protections were secure within a living trust and a Federal bankruptcy case which seemed to suggest the opposite. Consequently many practitioners were opting not to title homestead property into living trusts for many years. The inconsistency in the court decisions has since been remedied such that now it is clear that full homestead protection is afforded to homestead real property that is held within a revocable living trust.

As a side note…you need to be sure to understand the difference between a revocable and irrevocable trust because the homestead protection is not available for irrevocable trusts.

Another nugget…recent Florida legislation also allows a homestead to be afforded full protection if held in a Florida Land Trust…the topic of a future article.

The take away is that if your homestead is not in your revocable living trust you should have it looked at by your favorite Florida estate planning attorney, hint, hint…

Until next time friends.

SJG

Steven Gibbs, Managing Attorney

Gibbs Law Office, PLLC

8695 College Parkway, Suite 2012,

Fort Myers, FL  33919

Phone:  (239) 415-7495

Fax: (239) 243-9029

Email: info@gibbslawfl.com

SW Florida Mobile Fusion – Shawn Jones, Application Designer

I try to stay on top of technology to grow my business.  Unfortunately, I do not want to take the time to learn but as you know I find specialists to add to my ever growing team.  Recently I met Shawn Jones through a business contact and we are working on my mobile apps.  Here is a message from Shawn about his background:

“For over 20 year I have been in management with B2B, B2C, Retail and the restaurant industry. I grew up overseas in Europe and learned the value of a well- rounded cultural and educational back ground, and how it has come to help me in various areas of my life. Educationally my BA studies have covered psychology, business, marketing and some pre -med courses.  After moving to FL from New England in 2004 I worked in the mortgage and real estate industry (both buying and selling as well as rehabbing) for about 4 years. I took time off for my second kidney transplant and while recovering started to study and learn (through online courses and books) all about the social mobile marketing industry and saw where it was headed and that everyone was going to need to know about it. I believe I have made the right connections and partnerships to be able to put together an awesome team that will help businesses of all types lead their industries into the future via the growing social mobile marketing industry.”

Shawn Jones

Cell:  (239) 297-5965

Web site: SWFL Mobile Fusion link

Email: swflmobilefusion@yahoo.com

Can Your LLC Be Pierced By A Creditor?

Hello Friends and Colleagues!

So many business owners take steps to address housekeeping issues during the summer because there may finally be enough time to focus on “protection” verses “production” before things ramp up for the season and approaching Holidays.
Housekeeping would include making sure your business entity binder is being maintained and up to date.  Your business or investment LLC is in place to protect you and your business; however, often an LLC is vulnerable to be pierced by a creditor?
Understand that “piercing the veil” means to disregard the entity as a legitimate business entity and thereby a creditor could gain access to the owner’s personal assets…so this is very important.
A few common pitfalls where an LLC may become vulnerable to piercing the veil are:

1.  Failure to maintain adequate business records…

Do you keep an LLC Binder with relevant business records in it?  What are relevant business records you might ask?  Generally, you need your annual meeting minutes included in your LLC Binder.  Minutes from your annual should include a summary of business conducted at your annual meeting…this would reference any changes agreed upon by the board of managers throughout the year, major expenditures for assets or personal having been approved, business strategy analysis or changes, etc.  Other records may include resolutions of the managers concerning major decisions or records of the assignment of membership interests to new members…again the list could go on.  The important point is that there is a paper trail in place to support the legitimacy of the independent business entity (apart from the individual owner/s) because a creditor would seek to discredit the legitimacy of the entity if seeking to pierce the veil.

2.  Commingling of personal and business assets…

This issue often is the product of disorganization as much as one of malice…in other words this may not be intentional but owners often times pay personal expenses from the business checkbook or pull out cash for personal reasons.  Other concerns may be using business assets for personal reasons or otherwise treating the business entity as an “alter ego” of  the owner.  In seeking to pierce the veil, a creditor will content that the business entity was not legitimate because it was simply an “alter ego” of the owner/s.  They way to prevent this, in general, is of course to treat business and personal matters separately and document all personal debits from the business as distributions.

3.  Signing business documents in personal name…

How documents are signed, especially contracts, is extremely important and often overlooked.  Generally, business agreements should be signed under the Company Name (LLC name) as Manager.   If a business owner consistently signs personally, a creditor could utilize this fact to again argue that the LLC was simply an “alter ego” for the owner.

So friends, we’ve covered a few of the big pitfalls.  Just know that there are many areas of concern when maintaining your business entity and that competent legal advice is needed to address the specific circumstances of your business and assets.

I hope this was valuable…until next time:-)

SJG

Steven Gibbs, Managing Attorney

 

Gibbs Law Office, PLLC

8695 College Parkway, Suite 2012,

Fort Myers, FL  33919

Phone:  (239) 415-7495

Fax: (239) 243-9029

Email: info@gibbslawfl.com