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All Forum Posts by: Elisabeth Lernhardt

Elisabeth Lernhardt has started 8 posts and replied 45 times.

update on this, in my opinion unconstitutional law. in December 2024  a Texas judge put a stay on the Transparency Act. Just a week later the Court deemed it not to have standing, just to reverse the opinion this week and continue the Stay! TBC.

On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit lifted the lower court's nationwide preliminary injunction that had paused the Corporate Transparency Act's requirements for filing beneficial ownership information (BOI). Before the day ended, FinCEN released a public statement regarding the Fifth Circuit's ruling, announcing an extension of certain reporting deadlines to allow more time for compliance. The new reporting deadlines are detailed below, according to the official notice on FinCEN's website:

• Existing companies (formed before January 1, 2024) have until January 13, 2025, to fulfill their BOI reporting obligations.

• Reporting companies created/registered on or after September 4, 2024—that previously had a filing deadline between December 3, 2024 and December 23, 2024—have until January 13, 2025, to file their initial BOI reports.

• Reporting companies created/registered on or after December 3, 2024 and on or before December 23, 2024, have an additional 21 days from their original filing deadline to file their initial BOI reports FinCEN.

• Reporting companies that qualify for disaster relief may have extended deadlines that fall beyond January 13, 2025. These companies should abide by whichever deadline falls later. Find the notices and deadlines for each hurricane here: https://www.fincen.gov/boi

• Reporting companies created on or after January 1, 2025, will still have just 30 calendar days from actual or public notice that the company’s creation or registration is effective to file their initial BOI reports with FinCEN.

• As indicated in the earlier FinCEN alert titled “Notice Regarding National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)”, Plaintiffs in National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)—namely, Isaac Winkles, reporting companies for which Isaac Winkles is the beneficial owner or applicant, the National Small Business Association, and members of the National Small Business Association (as of March 1, 2024)—are not currently required to report their beneficial ownership information to FinCEN at this time.

This email is not intended to provide legal advice or serve as a substitute
for legal research to address specific situations.

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yes they are definitively con artists! I was probably a family member, who doesn't need a good credit score. My concern is the state of Nevada supports the con artists by sealing their records. One of the utilities, South West Gas, based in CA, gave me a hard time putting the account into my own name. after several calls, faxing the court-stamped eviction order, verifying my deed through the County, etc,  the operator finally agreed and started to backdate the account change to the beginning of the process! When I protested, she had to refer me to her supervisor. Who had no problem with my request to use the actual date. 

yes in 2020 I had to find an alternative due to Covid. I went with Cornerstone Davis Kangas took care of the 1031 exchange. So far I have no problems.

Today I found out, that some of the utilities were not in the tenants name! Then they didn't pay them and the  bad credit goes to someone else!  Could be their parents or other family  members. We are up against con artists!

I recently had to evict tenants in Nevada. They clearly were not novices to the process. But it didn't show on the credit/criminal record. So I called the justice court, and they sheepishly admitted, that Nevada concealed all evictions in the last 4 years do to Covid!

I recently had to evict a tenant, because he stopped paying rent, and utilities. I had screened them and they didn't have a prior record. Now I feel I can not trust the screening results. Any recommendations which companies os states to avoid?

I was told drug use was one of the few eviction causes even in California. That said it is more complicated: if they have a medical prescription you can not evict them. But you can certainly mandate the use to be outdoors, and I would require a separate deposit for potential odor removal. Recently I had a tenant, who grew the stuff under a grow light in the garage. It stank up the whole house, but they didn't smoke it indoors. The next lease will need to be amended appropriately!

After 20+ years as a landlord, I am baffled by the amount of 'tire' kickers I am getting.  The other thing I noticed is nobody fills out a prescreen. Are people so cash-strapped that they can not afford $40? Or did the Covid eviction wave affect their behavior?

he might get more paranoid if you put up a camera. If you do tell him beforehand that it is for his protection. I would consult law enforcement to make sure he doesn't have firearms.