In the midst of this crisis and the unknowns that lie ahead, many real estate buyers are looking to get out of real estate contracts. Many calls this week pertained to the clause in the real estate contract that is labeled “Force Majeure”. This term, translated means “superior force”, that is a force beyond your control, such as “hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual transportation delays, or wars, insurrections, or acts of terrorism, which by exercise of reasonable diligent effort, the non-performing party is unable in whole or in part to prevent or overcome.”
Whether the current times call for this depends on your circumstance. Loss of jobs, loss of income, unexpected layoff or business closure could all qualify to get you out of a contract.
Contact us today to discuss your particular real estate transaction and issues to see if we can help. With over 20 years experience, we are here to help you navigate these stressful times.
Here by FaceTime, Skype, Phone and email, call us anytime.
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00Jacqueline Salcineshttps://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngJacqueline Salcines2020-03-17 18:05:572020-03-17 18:05:58FORCE MAJEURE IN REAL ESTATE CONTRACTS
DESPITE UNPRECEDENTED TIMES, LEGAL ISSUES AND REAL ESTATE DOES NOT TAKE A REST. CALL US ANY TIME DAY OR NIGHT FOR A FREE PHONE OR FACETIME CONSULTATION. ATTORNEY JACQUELINE SALCINES 305 669 5280 OR BY EMAIL: J.SALCINES@SALCINESLAW.COM
In these unprecedented times we are facing, we understand getting around and going to a lawyer’s office may be risky. We are happy to offer and provide our clients and the public Facetime consultations, telephone consultations and will continue to serve the public via email and phone.
Call us day or night with your real estate, debt and business questions. Attorney Salcines is standing by to assist you.
If you are buying, selling or refinancing real estate, the most important decision you can make is to hire the right Real Estate Lawyer to represent you. Hiring a real estate lawyer to oversee the transaction and make sure that the transaction goes smoothly is what we are here for.
At the Law Offices of Jacqueline A. Salcines, PA, our real estate lawyers in Miami have over 31 years experience in closing residential and commercial real estate transactions. As both an Accountant and a Real Estate lawyer, attorney Jacqueline A. Salcines has closed more than 5,000 transactions and has the knowledge and experience to represent you in your real estate closing.
Did you know that in Florida, neither the seller, nor the bank can force you to use their title company. This is called coercion and there are laws against it. However, in Florida, if you do not select a title company, the lender will select one for you. Or worse, your realtor will recommend one or the seller will choose, leaving you at the mercy of others. And unprotected!
At the Law Offices of Jacqueline A. Salcines, PA our real estate lawyers serve buyers and seller from all over the globe with their real estate closing transactions. Whether buying a home, an investment property, a duplex, an income producing property, or a commercial land or vacant land, we have the knowledge and experience to protect you as a purchaser of real estate.
We handle the following real estate transactions for our clients:
As Is Residential Transactions
Commercial Transactions
Escrow deposits
Title Review, Title Examination and Title Insurance
Lien Searches
Real Estate closings
Sale by Owner transactions
1031-Exchanges
FIRPTA and 1040 NR filings
Landlord Tenant Matters
Commercial and Residential Leases
Landlord Tenant evictions
Real estate litigation
Buying, selling or refinancing real property is often the largest investment that a person does in their lifetime. Don’t go it alone. Hire the services of an experienced real estate lawyer.
TRUST | COMMITMENT | RESULTS
Jacqueline A. Salcines, Esq. 706 S. Dixie Highway Second Floor Coral Gables, FL 33146 Tel: 305 | 669 | 5280
With interest rates at an all time low, there has never been a better time to refinance your home loan. If you already own the home and the property has equity, you can tap into some of that equity and take cash out to pay off debt or for school. If the property has a higher interest rate mortgage, you will benefit by having a reduced rate and monthly payment.
The benefits of hiring a real estate lawyer who is also a title company for a refinance are many.
First of all, you are entitled in Florida to choose your own title company to handle the refinance. What you pay is nominal to get peace of mind. Often the fee is between $650 and $750 in attorney’s fees. Moreover, if you do not hire the title company and advise your lender you have selected one, the bank will hire one for you, and often charge twice as much. And, the worst part is, that even though you are paying the bill, the title company does not represent you. They represent the lender.
Additionally, by hiring a title company for a refinance, we can look for your prior owner title insurance policy and issue you a credit for your title insurance so you do not have to pay it again and will have significant savings at closing. Not all title companies issue the credit and borrowers end up paying unnecessary fees and costs.
Lastly, by hiring us, the closing is done at our offices. By the attorney.
Attorney Jacqueline A. Salcines will guide you every step of the way with all documents that need to be signed and explain what you are signing. The day of closing, the mortgage and note will be signed here so if you have any questions or doubts, the attorney will explain it.
Do not go it alone. A mortgage is often the highest debt consumers enter into and with all the legal terms and repercussions for default, it makes no sense to not hire a lawyer.
Attorney Jacqueline A Salcines, Esq., has been assisting borrowers with their real estate and mortgage needs for over 21 years. Consult with us today.
TRUST | COMMITMENT | RESULTS
Attorney Jacqueline A. Salcines, Esq. 706 S. Dixie Highway Second Floor Coral Gables, FL 33146 Tel: 305 | 669 | 5280 EMAIL: J.Salcines@salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00Jacqueline Salcineshttps://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngJacqueline Salcines2020-03-09 16:38:572020-03-09 16:38:57REFINANCE YOUR HOME MORTGAGE
Credit Card companies, creditors, and anyone that has a judgment against a debtor can take legal action to garnish your wages or bank account. In the case of a wage garnishment, Florida law permits the creditor to take up to 25% of the debtor’s paycheck, per pay period. Florida law also permits bank accounts and even safe deposit boxes to be garnished and “frozen” to satisfy a money judgment.
Garnishment occurs when a creditor takes legal action to seize a portion of your wages, bank account, or other assets. In wage garnishment cases, the creditor will contact your employer and have your employer deduct a specified amount of money from your check each week to be forwarded to the creditor. Credit Card companies, creditors, and anyone that has a judgment against a debtor can take legal action to garnish your wages or bank account. In the case of a wage garnishment, Florida law permits the creditor to take up to 25% of the debtor’s paycheck, per pay period. Florida law also permits bank accounts and even safe deposit boxes to be garnished and “frozen” to satisfy a money judgment.
Wage garnishments can impact families and severely affect the household finances. Yet, there are many ways to stop them without having to file for bankruptcy. Wage garnishments can be particularly devastating to debtors (borrowers) because the writ of garnishment is continuing. Therefore, a single writ of garnishment can continue to garnish wages until the full amount of the debt is paid. Fortunately, debtors in Florida do have many legal options to prevent or stop a wage garnishment. If you are threatened with a wage garnishment or your wages are already being garnished, contact us.
At the Law Offices of Jacqueline A. Salcines, PA, attorney Salcines has been assisting clients whose wages or bank accounts are garnished by legally stopping such garnishments.
The First step in fighting a garnishment is assess whether you qualify for any of the 12 exemptions permitted in Florida. They are:
1. Head of family wages.
2. Social Security benefits.
3. Supplemental Security Income benefits.
4. Public assistance (welfare).
5. Workers’ Compensation.
6. Reemployment assistance or unemployment compensation.
7. Veterans’ benefits.
8. Retirement or profit-sharing benefits or pension money.
9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
10. Disability income benefits.
11. Prepaid College Trust Fund or Medical Savings Account.
12. Other exemptions as provided by law.
Once the attorney is able to determine whether you qualify for an exemption, you must request a hearing. At the hearing, we will prove to the Judge that you qualify for the exemption through evidence such as tax returns, bank statement, pay stubs, etc.
Wage garnishments and bank account garnishments impact lives. We are here to help you.
We offer free phone consultations, and a no cost review of your case. Call us today. Tel. 305.669.5280 and see how we can help you.
About the Author: Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate and Business Law Group. With over 20 years experience including holding a dual degree in Accounting, her broad knowledge of DEBT SETTLEMENT and GARNISHMENT LAW serves to aggressively protect and defend our firm’s clients, foreign investors, real estate buyers and sellers. Call us today to set up a free consultation to discuss your specific needs.
We are here for you! Main office 305 | 669 | 5280.
Or email the attorney directly: J.Salcines@Salcineslaw.com
TRUST | COMMITMENT | RESULTS
JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY SECOND FLOOR CORAL GABLES, FL 33146
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00Jacqueline Salcineshttps://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngJacqueline Salcines2020-03-09 15:38:092022-12-20 14:00:24How to Stop A Wage Garnishment in Florida
