On June 17, 2013, Governor Rick Scott signed into law House Bill 87, known as Chapter 2013-137, which changes the procedure for the filing and processing of foreclosures by lenders in Florida.  In the advent of so much foreclosure fraud committed by Plaintiff banks, and bank’s attorneys, the bill favors the homeowners and requires additional safeguards by the lenders and their counsel when filing foreclosure lawsuits against homeowners.

The law creates Florida Statutes §702.015 that in essence requires additional checks and balance by the lender by their counsel filing suit, in order to move the foreclosure through the court.  While once complete, the foreclosure will go through more rapidly than previously, to get it through requires more work and diligence on the part of the lender.

The following is just some of the key changes made with this bill:

1. Lender must affirmatively allege in the body of its foreclosure complaint that it is the holder of the original note secured by the mortgage.  If not, then they must include paragraphs alleging how it is that it is entitled to enforce the terms of the note (owner, holder, servicer)
2. If the party bringing suit has been given authority by the holder to bring the action against the borrower, the complaint must detail the exact authority granted and identify the specific document that grants this servicer the authority.
3. When the Plaintiff is the holder of the note, the Note must be attached to the complaint AND there must be a certificate or verification stating that “under penalties of perjury” it possesses the original note and provide specific details as to where it is, the exact physical location of it and Plaintiff’s verification of it.
4. If the note has been lost, the Plaintiff must execute an affidavit that “under penalties of perjury” it has been lost or stolen, and include (a) a chain of all endorsements, assignments or transfers of the note; (2) facts showing the Plaintiff is entitled to enforce it; and (3) enclose copies of the note, allonge or other physical receipt of the original note evidencing ownership and possession.

If any of this is missing, the Defendant homeowner is in a great position to file a Motion to Dismiss and have the complaint in foreclosure dismissed for Plaintiff’s failure to comply with law.

Your best defense against foreclosure is to have a knowledgeable attorney review your documents and protect your rights and defenses against the lender before its too late.

We are a phone call away.

TRUST   |  COMMITMENT  | RESULTS

LAW OFFICES OF JACQUELINE A. SALCINES, P.A.

At my firm, we have processed over 250 short sales to date and the numbers keep growing.  With so many borrowers upside down on their mortgage, second mortgages, SBA loans and a myriad of liens and judgments on the property, faced with a foreclosure sale, they think their options are limited and throw in the towel.

The truth is that almost right up to the date of the sale, the foreclosure sale date may be cancelled by us to allow a short sale to be negotiated, that could eliminate the entry of judgment against the homeowner/borrower.

In Miami-Dade County, up to 48 hours before the sale, a Motion to Cancel the Sale can be filed and with proof in hand of the property being listed for sale or a short sale contract, the Judges will hear the argument and almost always, allow for a 90 to 120 day extension to permit the homeowner to find a resolution and avoid the judgment.

So whether you are short selling or attempting a loan modification or deed in lieu, do not let a pending foreclosure sale date deter you from finding a solution.

At my firm, we can file the motion electronically on your behalf and get your day in court.

The fee is minimal and the result could be avoiding a judgment and sale of the home in the foreclosure auction.

Call us today for a free consultation.

TRUST   |   COMMITMENT  |  RESULTS

Many homeowners today are very confused, awaiting the approval of a loan modification or short sale, only to receive notice from their lender that the loan servicer or the servicing of their loans is now going to be handled by another bank or lender.  The change in servicing or notice of servicer change is becoming more and more common these days and affect pending loan modification applications on non approved loan modifications and pending unapproved short sales.  Even if one has entered into the trial period of a loan modification, the new servicer can slam the brakes on and cancel the entire modification.

Often times, a call to the new servicer from an attorney handling the loan modification or short sale, may do the trick and force the bank pick up where it left off.  Other times, the servicer will simply not budge, and advises that it must start from scratch.  But when are they telling the truth or not?

The most important advice from a lawyer handling loan modifications and short sales on a daily basis is to “know  your rights and know your options. ”  Jacqueline A. Salcines, Esq.

A change in servicer will not change any of the loan terms as far as interest rate, principal or amortization schedule (years left on the loan).  However, everything else is fair game for change.

Often, this leads to a very frustrating situation for the homeowner borrower, having to start from scratch on a modification that is already months and months into processing.

While some lenders like Ocwen, Wells Fargo and Bank of America are quick to start over, others can truly be frustrating and uncooperative.

Homeowners that receive a change in servicer letter should immediately contact the attorney handling their loan modification, short sale or deed in lieu so that the best action is taken on their behalf.

At the Law Offices of Jacqueline A. Salcines, PA we do this day in and day out. It is our business to know the lenders and the most accurate and time efficient manner to handle the changes in the status of our clients loans.

We are here to help with all your loan settlement, loss mitigation and debt collection needs.

TRUST   |   COMMITMENT  |   RESULTS

Call me today for a free consulation.

Jacqueline A. Salcines, Esq.

J.Salcines@Salcineslaw.com

Tel:  305 |  669  | 5280