Recent waves of Solar Panel contracts are taking over South Florida. In rural towns such as Lake Placid and Cape Coral as well as more populated cities, representatives for Solar Panel companies are approaching homeowners and misrepresenting not only the costs of the solar panels but also financing and interest rates. Some of our clients have even had their tax returns forged and fabricated in order to qualify for grants and government funds.
The first thing to look out for is whether the representative is making you sign documents on an Ipad without providing you with a copy of what you are signing. Solar Panel representatives statewide are misrepresenting terms in order to lock in the homeowner. Once you sign, you are on the hook for payment.
However, if the terms were misrepresented, or if there was fraud in the solar panel contract, then we can help cancel it and return you to the status quo.
Contact us today to review your Solar Panel Contract free of charge and advise what recourse, if any, you have. The first consultation is always free.
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 Salcines2021-02-21 19:32:482022-12-20 14:00:29HOW TO CANCEL A SOLAR PANEL CONTRACT
§57.105 ATTORNEY’S FEES CLAIM FAILS: 21 DAY SAFE HARBOR LETTER DEFICIENT SAYS FLORIDA
As an attorney, we are zealous advocates of our clients and their rights. We are trained in law school to pursue justice at all costs. However, sometimes the facts may not support our actions filed, or if they do, the other side feels that our suit or pleading filed on behalf of our client, is frivolous and being filed fraudulently on the Court. Then you get slapped with a §57.105 Motion for Sanctions, both against you and your client. Now what? Don’t fear! There is so much law on the §57.105 motions and how to overcome them. The answer is to hire the right lawyer to help you that knows what they are doing and how to fight §57.105 motions.
For starters, there is the 21 Day “Safe Harbor Letter“
The 21 Day Safe Harbor letter is not only mandatory before the filing of a §57.105 motion for sanctions, it can determine whether the motion stands up in Court or gets dismissed.
The 4th DCA, on June 7, 2017, overturned a Broward County Judge’s ruling which awarded attorney’s fees under a Motion for Sanction under Florida Statutes §57.105 because the manner in which the notice of the sanctions was sent, was improper. Ask your Florida lawyer about unsubstantiated and groundless fake lawsuits and suits brought without merit. Why? Because under Florida law, you may be able to get your attorney’s fees paid for by the other side.
Before you start calling your Florida lawyer however, it is important to understand the nuances of Florida Statutes §57.105 and the motion for sanctions once served upon you, as either a party or counsel, since it is only applicable if the other side is making a claim or a defense which is NOT supported by the facts or the law.
If you have received a §57.105 Safe Harbor letter and accompanying unfiled Motion for Sanctions, understand that strict compliance with that law is mandatory. Otherwise, it won’t survive dismissal, and fees awarded to the other side.
Proper Notice is crucial. Not only for the 21 Safe Day Harbor letter but also for the requirements when the 21 Day Safe Harbor letter is sent. It must comply with the Rules of Procedure and Florida Rules of Judicial Administration 2.516.
The movant must wait the 21 days to file the Motion for Sanctions
And the motion for sanctions under 57.105, must also strictly comply with the law.
In the Broward case, the Safe Harbor 21 day letter was missing four important words and because of that it did not survive.
If you have received a §57.105 Motion for Sanctions, call us.
At the Law Offices of Jacqueline Salcines, PA we have been successful not only in getting these Motions denied, but attorney’s fees completely denied both against the attorney and the party. We have been assisting clients with their litigation needs for over 21 years.
As a result of historically low mortgage interest rates and retiring baby boomers, as well as Covid 19 effects on the work force, Florida is welcoming many new purchasers of residential real estate. Many of these buyers are unfamiliar with the complexities of Florida’s residency rules and the obligations imposed on property owners when claiming the benefits of Florida’s Constitutional homestead exemption.
While some buyers undoubtedly have heard that Florida affords its homeowners a homestead tax exemption of 450,000, few understand the mechanics of filing for the exemption or even how to qualify. Even fewer know that acts committed unintentionally, if wrongfully filed, may land them in some hot water with penalties and lost exemptions.
Newcomers deserve sound counsel about Florida’s residency requirements and a stern warning that penalties for violations can result in the assessment of extremely hard penalties.
The Florida Homestead Exemption is actually a product of Floridian’s struggles to pay real estate taxes during the Great Depression. Dwight Rogers of Fort Lauderdale proposed the legislation that resulted in Florida voters overwhelmingly approving the tax exemption.
In 1994 the Save Our Homes amendment was passed and established a 3% cap on the annual increase in assessed taxable values on homestead property.
Today, under Art. VII, Sec. 6 of the Florida Constitution, the homestead exemption law acts to protect homeowners who live in their property not only a large exemption over assessed value but also the Save Your Home Cap protecting against rising amounts from year to year.
Perhaps one of the greatest protections afforded by the Homestead Exemption law is the homestead protection against creditors claims. In cases where the homeowner is either a resident or citizen and resides in the home as their primary residence, they are immune from judgment creditors, seizing their home in order to satisfy a judgment.
To obtain a tax exemption in Florida, one must permanently reside on the property and be a resident as of January 1 of the year for which the exemption is sought.
Applications for Homestead Exemption run from January 1 to March 1, although late filing may be allowed with the showing of good cause.
Once Homestead is determined and the exemption granted, it renews automatically from year to year. No further action is necessary.
If you need assistance filing for Homestead Exemption contact us.
As the Law Offices of Jacqueline Salcines, PA we have been assisting homeowners with their real estate and title needs for over 31 years.
Before the Clerk of the Court will issue any writ of execution or garnishment on any judgment in Florida, the clerk will review it to make sure it i valid and enforceable. In order to be enforceable, the judgment must not only contain certain language as per Florida Statutes, but must also be recorded in a certain manner in order for it to be valid.
MONEY JUDGMENT
The clerk of court is sometimes confused as to what kind of judgment it is dealing with. Typing the words Money Judgment on the actual heading of the Judgment helps wout and helps avoid confusion and helps expedite the issuance of the writ.
SPECIFY THE DEFENDANT
Generally, the clerk will not issue a writ of garnishment or execution if the judgment does not specifically name the defendant against whom the judgment is entered. It is proper to list as: Defendant JOHN DOE, owes X this amount. Merely stating Defendant owes X doesnt expedite matters and may require correction.
ALWAYS INCLUDE THE ADDRESS OF THE PLAINTIFF
The address of the attorney or the firm representing the Plaintiff is insufficient. It must list the Plaintiff address so that the judgment becomes a lien against real property of the judgment debtor that is located within that county. If you fail to include the address, then you should file an Affidavit with a certified copy of the judgment in order to create a lien on the judgment debtors real estate and property.
RECORD YOUR FINAL JUDGMENT WITH THE SECRETARY OF STATE AFTER THE TIME TO MOVE FOR REHEARING HAS LAPSED
This can be done online at Sunbiz.org and takes five minutes, and guarantees that you will create a judgment against personal property of the debtor.
At the Law Offices of Jacqueline A. Salcines, PA, we have been helping judgment holders collect on their judgments for over 21 years. We are well versed in litigation, pre and post judgment and are here to help with your judgment collections.
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 Salcines2021-02-15 20:52:532022-12-20 14:00:17WHAT TO INCLUDE IN A MONEY JUDGMENT TO MAKE IT ENFORECABLE AND COLLECTABLE IN FLORIDA
THE RIGHT TO RECORD LIEN AND TO FORECLOSE ON UNPAID ASSOCIATION LIENS, IS PERHAPS THE MOST POWERFUL TOOL A HOMEOWNERS OR CONDOMINIUM ASSOCIATON HAS TO ENFORCE ITS ASSESSMENT OBLIGATIONS.
Florida Statutes permit associations to recover unpaid assessments and expenses by requiring strict compliance with statutory procedures and notice to homeowners. While Florida Statutes permit associations to file liens against homeowners for unpaid association maintenance and assessments, the associations are limited in that liens can not be filed if the dues are less than a certain amount, and can not be filed, unless the Association first sends the correct notice to the homeowner.
Association liens, filed by either Condominium Associations or Homeowners Associations can be foreclosed upon, which means that a homeowner can lose their property to the Association or third party bidder, if the amounts due are not satisfied. By law, the association can not collect more than the amounts permitted by statute and penalties are also capped.
OBLIGATION TO PAY HOMEOWNERS ASSOCIATION OR CONDOMINIUM ASSOCIATION DUES
When homeowners purchase a new home that is governed by an association, it is almost like purchasing into a club. The Association makes all the rules and the homeowner is required to follow the rules, pay the amounts due, and abide by all the laws governing the association. One of those rules is paying the maintenance and assessments, if any, timely. When associations send statements, the homeowners has a certain amount of time to pay them or incur a late fee. If not paid timely, then the association will send out a letter advising of the amounts past due and demanding payment. If the notice is ignored, then the association has the right to file a claim of lien, and take your property.
RECORDING OF THE LIEN
Any lien recorded by the Association attaches to the property as soon as the assessment or maintenance becomes delinquent. However, because there is no way for third parties to know about it, the association records the lien. Once the lien is recorded, notice is considered proper upon the homeowner.
ASSOCIATION LIEN REQUIREMENTS
When HOA fees are due, the Association although not obligated, may provide a statement to the property owner, setting forth the amounts due. If the owner fails to pay, the association sends notice that it intends to lien. The content and timing of the notice are set forth by statute and very important as to ability to record the lien, or if it stands up in court.
State laws vary with regard to the content of the lien. If the exact language required by Florida Statute is not included in there, it can be set aside, and the homeowner can recuperate attorney’s fees and costs for the illegal lien.
In Florida, HOA fees are limited to 25.00 or 5% of the past due amount and interest must not pass 18%.
Further, the association must file suit within 90 days or the lien becomes void.
EFFECT OF THE LIEN ON THE PROPERTY
Even if the homeowner does not go into foreclosure, the Homeowners Association or Condominium Association lien will act t encumber the property and will prohibit the prohibit the property sale until it is satisfied. If a mortgage default occurs and the bank forecloses, the proceeds are fist applied to the HOA claim of money and then to the mortgage debt, if recorded first.
FORECLOSURE DEFENSE
If a foreclosure is filed against you, the homeowner has the right to assert a defense and fight the foreclosure. There are numerous grounds, as detailed above, to fight a Condominium Association or Homeowners Association foreclosure. However, if the amounts are actually owed and the association has followed all the correct procedure, the homeowner must then negotiate the amounts due in order to avoid having the property sold at auction.
REMOVAL OF THE ASSOCIATION LIEN
At the Law Offices of Jacqueline A. Salcines, PA, we have been helping homeowners with their condominium and homeowners association dues and foreclosures for over 21 years. Attorney Jacqueline Salcines, an accountant and attorney, is well versed in condominium law and knows the ins and outs of the Florida Statutes and how to protect homeowners against the associations..
If you are facing foreclosure or a claim of lien has been filed against you, consult with us today. We are here to help you navigate the association’s rights, make sure they are acting legally and help you save your property from foreclosure.
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 Salcines2021-02-15 20:31:392022-12-20 14:00:17HOA LIENS AND FORECLOSURE – WHAT RIGHTS DO ASSOCIATIONS HAVE AND WHAT YOU NEED TO KNOW.
Florida Statutes provide the landlord with the right to inspect the property for any emergency reason whether its a leak, a fire, or anything that could place the property or the tenant in peril. Many residential and commercial leases to rent include language that sets out how and why the Landlord can enter the property, for either (i) inspection (ii) repairs (iii) emergency and if they feel you have abandoned the property, to protect their property from harm. If the Lease is silent, then Florida Statutes steps in and provides the protection for the Landlord.
Many tenants, however, do not want the landlord coming into their property to inspect or repair, and prohibit the Landlord from entering or accessing the property. This is strictly prohibited and could place the tenant in breach of contract.
The landlord must provide notice if coming to inspect. Typically it is 24 hours notice. However, the lease may provide for a different time frame. The landlord can also go in with their agents or workers in order to access the property for repairs or maintenance.
However, they dont have the right to harrass you or go in repeatedly just to annoy the tenant. There must be a valid reason.
At the Law Offices of Jacqueline A. Salcines, PA, our real estate lawyers in Miami have over 31 years experience representing Landlords and Tenants in their tenancy needs. We are very knowledgeable in the law of commercial and residential evictions, and our real estate attorneys will do whatever is necessary to protect and defend your rights.
At the Law Offices of Jacqueline A. Salcines, PA our real estate lawyers serve tenants and lawyers alike, from all over the globe with their landlord and tenant problems. Whether you are a landlord trying to gain access or a tenant being harrassed by your landlord and unfamiliar with your rights, we are here to help you.
We handle the following real estate transactions for our clients:
Landlord Residential Contracts
Tenant Contracts
Landlord Tenant settlements and disputes
Evictions
Demand Letters
Three Day Notices
Termination of Tenancy letters
Section 8 tenancy
Security deposit returns
Landlord Tenant evictions
Breach of Contract letters
Real estate litigation
Don’t go it alone. Hire the services of an experienced real estate lawyer. The first consultation is always free of charge.
TRUST | COMMITMENT | RESULTS
Jacqueline A. Salcines, Esq. 706 S. Dixie Highway Second Floor Coral Gables, FL 33146 Tel: 305 | 669 | 5280
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 Salcines2021-02-15 17:11:262021-02-15 17:11:28RIGHT TO INSPECT AND RIGHT TO ENTER – LANDLORD AND TENANT LAW
What is a Worthless Check? Under Florida law, any checks returned “NSF” (non-sufficient funds), “Account Closed” “Account Not Found” or “NSF Unless Otherwise Indicated is a worthless check subject to civil and criminal prosecution under Florida statutes. Checks stamped “Refer To Maker” or Uncollected Funds” may require additional investigation before being charged criminally.
Checks Stamped “Stop Payment” may be subject to civil and criminal prosecution, but are typically legitimate means of dealing with a contractual dispute. Unfortunately, it is against the law to stop payment on a check for any reason other than the check being lost. There types of matters can be handled in civil court, where the recipient is entitled to treble or three times the amount of the check in damages. This is under the Florida Worthless Check Statute.
Florida law gives the authority to either file a civil suit or prosecute the crime of passing worthless bank checks. The proper judicial circuit for the prosecution of this crime is usually the circuit in which the check was presented and accepted. The law requires that certain steps be taken by the recipient of a “worthless check” before the State Attorney begins prosecution.
If you are the victim of passing a worthless bank check, contact us. You will be required to first present a statutory 30 day letter, allowing them to replace the funds with certified funds or cash. After the passage of thirty (30) days, you can then file suit. Simultaneously, you can file a claim with the State Attorney for the judicial circuit in which the check was accepted and they will assist you in the recovery process.
If you are the victim of a worthless check, call us. We have been pursuing worthless checks in court for over 21 years. Filing a civil suit may be the best way to collect
What should I do to protect myself against being victimized by a worthless check? Accepting a check as payment for goods or services is not mandatory. Insisting cash or certified checks and money orders is a legitimate option.If you decide to accept check as a form of payment, follow these guidelines:
Do not accept post-dated checks (checks dated for future or indeterminate dates).
These checks cannot be prosecuted for the crime of passing a worthless bank check if a bank dishonors them, but such checks may be resolved by a civil suit in small claims court.
Do not agree to hold a check, even for a few hours.
Accepting a check and agreeing to hold it indicates there are insufficient funds in the checking account at the time the check was presented, and if the check is dishonored by the bank, the matter cannot be prosecuted for the crime of passing a worthless bank check. The situation may be resolved in a small claims court civil suit.
Do not accept third-party checks.
If the person who wrote the check is not the person responsible for payment, the check may stolen or forged.
Ask for a form of picture identification—Driver’s License or identification issued by a governmental agency.
Examine the card carefully to make sure it has not been altered, and that the person on the ID is the same person from whom you are accepting the check. Note: Fake ID cards can be purchased through the mail or over the internet. Pay close attention to holograms and minor details to ensure the legitimacy of the ID.
Look for personal information on the check. If it is not already there, you may ask the person to write the following information on the front of the check:
Name:
Home address:
Home telephone number:
Date of Birth:
Race:
Height:
Place of employment:
Employer’s telephone number:
Make sure that information appearing on the check is the same as the information appearing on the ID card.
Make sure there is a signature on the check, and compare it with the signature on the ID card.
Review the check carefully. Make sure the check is made out for the proper amount, and that the amount of the check written by numbers is the same as the amount in words.
If the check presented is a company check or temporary check with no name or address printed on the check, have the person presenting the check PRINT their name under the signature line.
Verify available funds by calling the financial institution that maintains the checking account.
Remember: It is possible for there to be sufficient funds at the time of a call, but insufficient funds before the check is processed.
If you need help in collecting on a worthless bad check in Florida, give us a call. The first consultation is free and collection is usually done on a contingency basis.
It is never a pleasant notion to have to file a lawsuit against a family member or sibling. When property of a deceased is inherited via a Last Will and Testament, however, often the siblings have different ideas with regard to the property. Some may want to rent it. Others may want to sell it and not keep paying for maintenance and taxes. When there is a dispute between heirs or co-title holders, that can not be resolved, a Partition lawsuit has to be filed.
In a Partition lawsuit, the Court or Judge is the one that orders the property sold and divided down the middle. However, it is not necessary to get to that point where siblings or heirs are fighting against each other. There are many ways to settle these types of matters without a lawsuit. However, if the parties can not settle, then a lawsuit is inevitable.
At Jacqueline A. Salcines, PA, we are experienced and knowledgeable real estate attorneys that can help you negotiate with the other party or if unable to reach a middle ground, to file a partition lawsuit. With over 21 years experience filing Partition suits and negotiating property laws, we come to the table with a team of expert negotiators and litigators, to make the transition as smooth as possible.
The first consultation is always free and can provide you with invaluable advice regarding your right. Consult today.
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 Salcines2021-02-14 16:43:252022-12-20 14:00:18PARTITION SUITS BETWEEN FAMILY
Mortgage rates are at an all time low. Some mortgage lenders are even coming up with creative ways to refinance, including 12 year mortgages and zero cost refinances.
In a refinance, a mortgage lender will typically loan up to 80% of the fair market value of your property. That means that whatever the mortgage balance you have today is, the value of your property is what will be the determining factor as to whether you can refinance or not.
In a refinance, the current mortgage loan is cancelled and replaced with a new loan. The reasons for refinancing are to get a better interest rate, better mortgage terms, remove someone from a mortgage or to cash out on the value of the property, so that you can make necessary repairs or even pay off credit card debt. The bank does not limit what you can do with the additional monies and often times borrowers can even use it to purchase other real estate.
In order for a refinance to make sense however, the amount you save, over the life of the loan should be greater then the closing costs associated with the refinance.
Title Companies in South Florida are required by law, to give you a reissue credit, or a reduced fee off the title insurance premium, on a refinance. While many borrowers arent even aware they have the absolute right to choose their own title company to handle the closing, they often allow the bank to choose it for them, which results in higher fees and costs at closing and no reissue credit.
At the Law Offices of Jacqueline A. Salcines, PA we are full service title company. We can handle your refinance from beginning to end and make sure that your fees and costs are not only reduced to a minimum, but that your reissue credit is honored. This can result in thousands of dollars in savings for you.
Call the Law Offices of Jacqueline A. Salcines, PA for all your mortgage and refinance needs. We are here to help and come with over 21 years experience in the mortgage and banking industry. The first consultation is always free of charge.
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 Salcines2021-02-14 16:25:582022-12-20 14:00:13REISSUE CREDIT – WHAT IS IT AND WHY YOU SHOULD REFINANCE TODAY
FLORIDA STATUTES §57.105 SANCTIONS AGAINST PARTIES AND THEIR COUNSEL
Florida lawyers have both ethical and statutory duties not to file actions that are not supported by facts or law. The duty against “frivolous” filings or proceedings is governed and imposed by Rule 4-3.1 of the Rules Regulating the Florida Bar. The party seeking the sanctions is in essence advising the party and their counsel, that their pleading is wholly unsupported by fact or law, and asking them to withdraw it from the Court. Attorney’s fees are awarded under Florida Statutes 57.105 when there is a total or absolute lack of justiciable issue of either law or fact, which is tantamount to a finding that the action or defense is frivolous.
Due process requires that an opposing party and their counsel be given notice of a party’s desire to seek sanctions under 57.105(1). Therefore, the statute specifically requires that a motion seeking sanctions be served 21 days before it is filed in order to give the party and their attorney enough time to review the case and/or withdraw it. Counsel or the party, if unrepresented must be served with a 21 day “Safe Harbor letter” advising them of this and allowing the 21 days to review or withdraw. Caselaw provides that if the other side fails to provide the 21 day safe harbor letter, then the motion can not proceed.
Moreover, if the 21 day safe harbor letter is not sent correctly, that is, as required by the Rules of Procedure, it too will not survive at hearing.
Whether sending, or being the recipient of a §57.105 Sanction Motion, there are rights and duties for each party. At the Law Offices of Jacqueline A. Salcines, PA we are well versed in assisting parties and their attorneys with Motions for Sanctions filed against them. Consult with attorney Jacqueline A. Salcines, PA in order ascertain what can be done in your case.
