FREE ATTORNEY TITLE SERVICES

 FLORIDA REAL ESTATE and TITLE ATTORNEYS

Got your attention!  When we hear the word free, particularly when associated with attorneys, a consumer may feel that they are getting discounted or less than stellar service. After all, why would an attorney or any professional discount their own time or services.  Yet, ironically enough, many sellers do not bother to enlist the services of a real estate attorney to assist them with the sale of their property.  Often, until its too late. They feel there is no need or the buyers title company can take care of their side of the transaction, and what the seller doesn’t know is that they will end up paying the same or perhaps more for the same services.  And, the title company charging them does not represent them, only the buyer. And if something goes wrong, the title company is not on their side protecting the seller, but rather looking out for the interests of the buyer.

Just this week alone I have had sellers come to my office, days before closing to hire me to fix issues with the closing that is not going to take place.  Here are just some of the new clients that have retained this week with the following closing issues:

  • Title issues that the title company will not take care of.
  • A past due balance with the association that the title company is not willing to negotiate
  • A federal tax lien that has been paid off and the title company refuses to acknowledge it
  • A buyer that keeps pushing the closing up and refuses to close
  • A deposit that nobody is holding and nobody can find
  • The transaction closed and seller did not get their proceeds
  • The transaction closed and sellers mortgage was not paid off as required

Whether you are just entering into the Contract for Sale or already in a binding contract,  do not go it alone.  Hiring the services of an attorney makes all the difference in meeting deadlines and obtaining a contract for Sale and Purchase with the best possible terms for you.

At Jacqueline Salcines, PA we are both real estate lawyers and accountants  with extensive experience representing buyers  and sellers in their real estate property needs in Florida.  As an attorney, accountant and title agent for Old Republic National Title Insurance, Inc., we provide a complete array of closing services.  Consult with attorney Jacqueline Salcines, PA today with regard to:

  • Review of Contract for Sale and Purchase
  • Review of Contract Addendums
  • Review of Condominium Riders
  • Title search and examination
  • Lien letters
  • Incorporation for purchase
  • Quit Claim Deeds
  • Tax implications on purchase
  • Survey requests
  • Estoppel requests
  • Lien negotiation
  • IRS/Federal tax lien on property negotiations
  • Seller docs
  • Preparation of Purchase Money Mortgages and Notes

Meet with our real estate attorney today and put us to work for you.  The first consultation is always free of charge.  Or email attorney Jacqueline Salcines directly your real estate question at J.Salcines@salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
EMAIL: J.SALCINES@SALCINESLAW.COM
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MORTGAGE RATES UP TO AVERAGE 4.02%

SOUTH FLORIDA REAL ESTATE ATTORNEY

BUYING A HOME?  30 year mortgage rates are up across the country to an average of 4.02%.

Government research reveals that steady job growth over the past year has lifted the housing market making home sales surge.  A year ago, the average on a 30-year fixed mortgage was 4.14 percent and on a 15-year mortgage 3.22 percent.

The South Florida real estate market continues to improve with average sales increasing as well, as reported by numerous housing experts.

What does rate increases mean for buyers or sellers?  That less buyers may qualify when the mortgage payments are higher, and sellers may need to lower their prices to get a qualified buyer.  Cash sales are down as well, indicating that more and more borrowers are choosing financing of their purchases and foreign investors looking for distressed or well priced deals, are disappearing.

Whether buying or selling, consult with a real estate attorney/title agent today.  We can review your Good Faith Estimate supplied by your lender of choosing to see whether rates and fees are compatible with the industry.

And we protect you along every step of the transaction.

WHETHER you are buying or selling a home, the earliest you involve an attorney, the better.  Since you will need to enter into a contract from the get go, only an attorney can provide sound legal advice as to any contract contingencies.

When hiring an attorney to handle your closing, you get informed of your rights, and counsel every step of the way.

Without an attorney by your side, you may face legal consequences before or after closing.  You could be facing a breach of contract lawsuit or other type of lawsuit based on your lack of understanding of the contract and your obligations.

PEACE OF MIND

The choice is yours.  You can either hire an attorney  that is a title agent or a non-lawyer title agency to handle your title insurance and closing needs.

The cost of closing with an attorney is the same as a non-attorney agent.

However, expect to pay more when you use a title company as they have staff and other processors you have to pay for.  As opposed to an attorney.

Ask for a free estimate of costs, or a pre-HUD when you select an attorney to represent you. There is no charge for this and you will get an accurate picture of what you need to pay at closing.

At the Law Offices of Jacqueline A. Salcines, P.A., attorney Jacqueline Salcines, is a  real estate attorneys and accountant, holding dual degrees to better serve you and your real estate needs.  Allow us to put our knowledge and experience to work for you.

If you are buying or selling real estate, call us today to see how we can help you.

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
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HIRING A REAL ESTATE ATTORNEY TO HANDLE YOUR REAL ESTATE CLOSING

 FLORIDA REAL ESTATE ATTORNEYS

Whether you are buying or selling property in Florida, do not go it alone.  Hiring the services of an attorney makes all the difference in meeting deadlines and obtaining a contract for Sale and Purchase with the best possible terms for you.

At Jacqueline Salcines, PA we are both real estate lawyers and accountants  with extensive experience representing buyers  and sellers in their real estate property needs in Florida.  As an attorney, accountant and title agent for Old Republic National Title Insurance, Inc., we provide a complete array of closing services.  Consult with attorney Jacqueline Salcines, PA today with regard to:

  • Review of Contract for Sale and Purchase
  • Review of Contract Addendums
  • Review of Condominium Riders
  • Title search and examination
  • Lien letters
  • Incorporation for purchase
  • Quit Claim Deeds
  • Tax implications on purchase
  • Survey requests
  • Estoppel requests
  • Lien negotiation
  • IRS/Federal tax lien on property negotiations
  • Seller docs
  • Preparation of Purchase Money Mortgages and Notes

Meet with our real estate attorney today and put us to work for you.  The first consultation is always free of charge.  Or email attorney Jacqueline Salcines directly your real estate question at J.Salcines@salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
EMAIL: J.SALCINES@SALCINESLAW.COM
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SHORT SALES IN FLORIDA

Miami Short Sale Attorney

Fallen behind on your mortgage?  Facing imminent default?  At the Law Offices of Jacqueline Salcines, P.A., we are here to help.  We are your team of Foreclosure defense and Short Sale attorneys here to  defend the rights of homeowners facing foreclosure.

As Miami short sale attorneys, we are experienced in every aspect of the short sale, work all files in house, and get the results you  need in order to walk away gracefully.

With over 20 years combined experience in the real estate, mortgage and foreclosure field, we know short sales.  We fight for homeowners rights. We know which lenders participate in short sale programs, HAFA, and other internal short sales, and know what the homeowners are entitled to from your lender.

In a successful short sale,  your lender will:

  • Negotiate your short sale promptly

  • Allow you to live in your home until the closing

  • Approve the short sale with 45 days to close

  • Approve a complete deficiency wavier

  • Approve a relocation assistance of up to $10,000 to the homeowner if lender participates in HAFA.

When you hire the Law Offices of Jacqueline Salcines, P.A. to process your short sales, our teams of lawyer/accountants are experienced in negotiating the terms of your short sale, in preparing your financial forms for approval, in providing accurate advice regarding the short sale as well as any 1099-C consequences.

The Mortgage Debt Relief Act of 2007, which was extended through December 31, 2014, is predicted to be extended again through 2015. If extended, any 1099-C principal forgiveness, is not taxable.  Therefore, you can short sale, not make mortgage payments, and even walk away with up to $10,000.00 from your lender.

In a short sale, your lender pays all your closing costs, so you are not required to come to the table with any monies.  And can continue to live in the property up through the date of closing. The lender will even pay up to 12 months of the HOA dues resulting in additional savings to you if approved.

When you hire the Law Offices of Jacqueline Salcines, P.A. to process your short sale,  you get the experience and knowledge of attorneys at your fingertips.  Not support staff. Not paralegals. But you get to sit with actual attorneys that know the ins and outs of short sales and foreclosure law.  With proper representation in a short sale, a homeowner may be able to avoid a summary judgment, a foreclosure sale and the loss of their home.

As your Miami short sale attorney, we go to work for you.  A proper and good Miami short sale has the following benefits:

  • You can continue to live in your home during the pendency of your foreclosure case

  • You can avoid lender calls and letters of collection. All correspondence now goes through us.

  • You can continue to rent to tenants and collect any rental payments during the foreclosure case

  • You can avoid a deficiency judgement on an underwater property

  • You can get a short sale approved with a waiver of deficiency

  • You can get the first lender to pay the second and settle the second mortgages for no monies from you

  • Avoid bankrutpcy

At the Law Offices of Jacqueline Salcines, PA you meet directly with attorney Salcines during the first consult and we discuss your short sale and the requirements at length.  We  have the knowledge and experience to thoroughly process your short sale.

In the State of Florida, if you lose your home, you may still be liable for the difference owed to the bank after the house sells at the foreclosure auction. This is called the “deficiency judgment” and if you do nothing to defense the foreclosure, and the judgment is entered, and the sale takes place, the lender can come back and sue you for that deficiency judgment. With an experienced SHORT SALE ATTORNEY on your side you can help prevent the entry of the deficiency judgement being filed against you and  walk away gracefully.

Jacqueline Salcines has spent over fourteen years in the real estate legal industry and over 7 years successfully processing short sales and defending foreclosure actions in Miami, Broward, Monroe and Palm Beach. Our firm empowers homeowners with the knowledge, tools and experience necessary to obtain a great short sale result and fight  their foreclosure. Our attorneys are ready to go to court for you and fight to stop your foreclosure.

Meet with our Miami Short Sale attorney team today.

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
EMAIL: J.SALCINES@SALCINESLAW.COM
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STATE OF FORECLOSURES IN FLORIDA

FLORIDA REAL ESTATE ATTORNEYS

It is no surprises that foreclosures have experienced a sharp decline in recent months, particularly in 2015, with so many borrowers either modified or property value increases now creating equity. The South Florida real estate market has no doubt improved drastically and homeowners are reaping the rewards of a steadily improving scenario for property values.

However, with the Making Home Affordable program reaching its 5 years mark and the deadline for HELOC loans set to expire, many lenders are unsure as to what the result will be with borrowers.  Many borrowers may in fact begin to default on their loans, since the increase in the interest rate under the Making Home Affordable HAMP program is 5 years at 2.0 percent and increases to 3.0 percent in year 6.

At The Law Offices of Jacqueline Salcines, PA we are here to help with your mortgage needs. Whether your home is underwater, you can no longer afford  your mortgage payment, or have suffered some type of financial hardship leaving you unable to make future payments, we can help.

At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants, holding dual degrees to successfully represent you and your interests.

Allow us to put our knowledge and experience to work for you.

If you are buying or selling real estate, call us today to see how we can help you.

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
EMAIL: J.SALCINES@SALCINESLAW.
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FLORIDA HOUSE BILL 779 – NEW LAW AFFECTING REO TENANTS IN FORECLOSURE

FLORIDA REAL ESTATE ATTORNEYS

NEW LAW AFFECTING REO TENANTS

Tenants leasing a property in foreclosure are often unaware of legal proceedings and sometimes are only given 24-hour notice to vacate the property when a new third party purchaser takes title.

For the past five years, tenants of properties in foreclosure, have been protected under the “Protecting tenants at Foreclosure Act of 2009” which allowed them to remain in the property for at least 90 days after the Certificate of Title was issued.  This law, however, expired in 2014 leaving many tenants in limbo.

Yesterday, Florida House Bill 779  became law allowing tenants to remain on the property at least 30 days following a notice to vacate.  The tenants must have a bona fide contract to be able to remain on the property and must be given a notice by the new owner, with proper language before starting the eviction process.

The new languages must read:

NOTICE TO TENANT OF TERMINATION

You are hereby notified that your rental agreement is terminated on the date of delivery of this notice, that your occupancy is terminated 30 days following the date of delivery of this notice, and that I demand possession of the premises on ______. If you do not vacate the premises by this date, I will ask the court for an order allowing me to remove you and your belongings from the premises. You are obligated to pay rent during the 30-day period for  any amount that might accrue during that period.  Your rent must be delivered to ______________________________________.

The 30-day Notice to Tenant of Termination must be served on the tenant in the same manner as required under Florida Statutes §83.56(4).

Afterwards, the new owner can apply to the court for entry of a Writ of Possession so that the Sheriff removes the tenant and their belongings.

There are exceptions to this new rule however.  Consult with an attorney to assist you.

At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants, holding dual degrees to successfully represent you and your interests in a landlord tenant matter.

Allow us to put our knowledge and experience to work for you.

If you are buying or selling real estate, call us today to see how we can help you.

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
EMAIL: J.SALCINES@SALCINESLAW.

 

 

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STRIPPING OFF A SECOND MORTGAGE – NO LONGER PERMITTED IN BANKRUPTCY

FLORIDA REAL ESTATE ATTORNEYS

UNDERWATER HOMEOWNES CAN NO LONGER STRIP

A SECOND MORTGAGE IN A BANKRUPTCY

In an important Supreme Court decision last week, Justice Clarence Thomas and his Supreme Court colleagues ruled that underwater homeowners wishing to strip their second mortgages in a Chapter 7 bankruptcy would no longer be permitted to.

BACKGROUND

Under the bankrtuptcy code, the claims of secured creditors (mortgage lenders) are typically divided into two categories:  SECURED claims that run up to the value of the property and UNSECURED which make up the rest

For example: 

Property Value:.  $400,000

Ist Mortgage      $350,000

2nd Mortgage   $100,000

The 1st Mortgage is secured through the full value of $350,000

The 2nd Mortgage is secured through the first $50,000.00 but the remaining $50,000 is unsecured, since the value of the collateral would already be superceded.

Before this Supreme Court ruling, the 2nd mortgage unsecured balance of $50,000.00 could be stripped or forgiven. However, now both Chapter 7 and Chapter 13 filers can not strip these liens.

The crux of the most recent decision is the Court’s 1992 ruling in Dewsnup v. Timm.  In that case, the debtors wanted to reduce the lien on a second mortgage to the value of the land. The Court stated in its ruling that “it was no convinced that Congress intended to depart from pre-code rule that liens pass through bankruptcy unaffected.”  So, instead of following typical treatment, it ruled under the old 1898 Bankruptcy code.

In Monday’s decision under Caulkett v. Bank of America, the Court declined to go back to the 1978 revised bankruptcy code and instead,  the Supreme Court disagreed holding the Dewsnup applied across the board.

WHAT DOES THIS MEAN FOR HOMEOWNERS

Homeowners may continue to have a not so easy route out of the mortgage crisis.  However, many second lien holders are willing to write-off large portions of the debt, almost always the entire UNSECURED portion by reaching a negotiation with the borrowers.

At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants, holding dual degrees to successfully negotiate your second liens and settle them for often pennies on the dollar.

Allow us to put our knowledge and experience to work for you.

If you are buying or selling real estate, call us today to see how we can help you.

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
EMAIL: J.SALCINES@SALCINESLAW.

 

 

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REAL ESTATE AND TITLE SERVICES

FLORIDA REAL ESTATE ATTORNEYS

PROTECTING YOUR INTERESTS WHEN BUYING OR SELLING

One of the greatest benefits of using a real estate attorney is that he or she has a legal and ethical obligations to work in your best interests.  That means, answering all your questions, and including some important ones you may not even know of.

BUYING A HOME?  Here are some important questions to ask?

  • Why do I need title insurance?
  • What are my income and gift tax consequences?
  • What do I need to know about property taxes, zoning or special assessments?
  • How will I handle any probate issues?
  • Is the property recorded legal accurate?
  • Is there an active or past foreclosure that affects title?
  • Are there any legalities preventing me from using the property for my intended use?
  • Are there any assessments?
  • Where do I file for homestead tax?

SELLING A HOME?  Here are some important questions to ask?

  • What are my income, estate and gift tax consequences?
  • What is the status of my title?
  • Who will represent me at closing?
  • What is a seller disclosure?
  • What am I responsible for disclosing?
  • Am I at risk for a lawsuit if I don’t disclose defects known?
  • How do I respond to contract questions and addendums?
  • Who is responsible for paying the HOA assessments?

WHETHER you are buying or selling a home, the earliest you involve an attorney, the better.  Since you will need to enter into a contract from the get go, only an attorney can provide sound legal advice as to any contract contingencies.

When hiring an attorney to handle your closing, you get informed of your rights, and counsel every step of the way.

Without an attorney by your side, you may face legal consequences before or after closing.  You could be facing a breach of contract lawsuit or other type of lawsuit based on your lack of understanding of the contract and your obligations.

PEACE OF MIND

The choice is yours.  You can either hire an attorney  that is a title agent or a non-lawyer title agency to handle your title insurance and closing needs.

The cost of closing with an attorney is the same as a non-attorney agent.

However, expect to pay more when you use a title company as they have staff and other processors you have to pay for.  As opposed to an attorney.

Ask for a free estimate of costs, or a pre-HUD when you select an attorney to represent you. There is no charge for this and you will get an accurate picture of what you need to pay at closing.

At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants, holding dual degrees to better serve you and your real estate needs.  Allow us to put our knowledge and experience to work for you.

If you are buying or selling real estate, call us today to see how we can help you.

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
EMAIL: J.SALCINES@SALCINESLAW.

 

 

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RETROACTIVE TAX RELIEF FOR SHORT SALES – H.R. 5771

FLORIDA REAL ESTATE ATTORNEYS

PROTECTING YOUR INTERESTS IN A SHORT SALE

In response to discouraging housing market data, Congress passed H.R. 5771 to give distressed short sale sellers retroactive tax relief.  This law applies to both short sales and foreclosures completed in 2014.  Retroactive and good for short sale and foreclosure cancelled debt through December 31, 2014, homeowners whose homes are their primary residence can reap the benefits of this law if their closing took place before December 31, 2014.

It is also expected with the newly seated Congress in 2015, that the deadline will be further extended through December 31, 2016, to match the extension of the Making Home Affordable Program, which was also extended through December 31, 2016.

If you are looking to short sale your home, the Law Offices of Jacqueline Salcines, P.A. has an entire Short Sale Department dedicated to the in house processing, negotiation and closing of short sales. We also provide foreclosure defense, foreclosure sale cancellations and full title services.

At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants title agents, holding dual degrees to better serve you and your real estate needs.  Allow us to put our knowledge and experience to work for you.

 

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
EMAIL: J.SALCINES@SALCINESLAW.
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