Foreclosure Summons: Your Legal Rights and Options for Responding

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More and more homeowners in the United States are facing foreclosure. Bloomberg reports an alarming 22% year-over-year spike in the number of foreclosures filed in the first quarter of 2023. If you are facing the risk of foreclosure in South Florida, it is normal to feel stressed, frustrated, and unsure of what to do next—especially if you just received a foreclosure summons. 

Mortgage lenders do not have the unilateral right to take your home. At Jacqueline A. Salcines, PA, we are committed to helping homeowners in Florida protect their rights and their interests. Our Coral Gables foreclosure defense attorney provides a comprehensive overview of your legal rights and your legal options for responding to a foreclosure summons in Florida. 

Florida is a Judicial Foreclosure State

As background information, it is crucial to understand that Florida is a judicial foreclosure state. That is not true in every jurisdiction—U.S. foreclosure laws differ from state to state. In Florida, a mortgage lender/mortgage company must go through the court system to reclaim property from a homeowner who is allegedly in default. As a general rule, the process starts with the filing of a lawsuit by the lender. In a judicial foreclosure—including in Florida—a homeowner will receive a foreclosure summons. It is a legal document formally notifying you about the lender’s lawsuit. In other words, if you have received a foreclosure summons, it means that your lender/mortgage company has filed a lawsuit in a Florida court. 

A Foreclosure Summons is a Legal Complaint 

To be clear, a foreclosure summons is not just a simple notification. It is a legal complaint served by the lender who is seeking to foreclose on your property. It includes details about the alleged breach of the loan contract, the amount owed, and the lender’s intention to sell the property to recover the outstanding loan amount.

When you receive a foreclosure summons, it is essential not to dismiss it. The document outlines the deadlines for your response, typically within 20 to 30 days, depending on the specifics of your case. Failure to respond within the designated time frame might result in a default judgment in favor of the lender, leading to the foreclosure of your property.

How to Effectively Respond to a Foreclosure Summons South Florida 

You are not required to respond to a foreclosure summons at all in Florida. You cannot be arrested or charged with a civil offense because of your failure to do so. However, not responding to a foreclosure summons is a major mistake. What happens if you ignore the foreclosure summons in Florida? You will almost certainly lose your case in default. The mortgage company will show up at the court and get a default judgment that allows them to take (and sell) your home. You will miss out on any opportunity to raise a defense. Exercise your right to respond to a foreclosure summons. How do you do so effectively? Keep the following things in mind: 

  • Hire a Florida Foreclosure Defense Attorney: Given the complexity of foreclosure laws, an experienced Florida foreclosure defense attorney can provide invaluable assistance. They can help you navigate the process, protect your rights, and possibly negotiate with your lender.
  • Draft an Answer: Your answer is your formal response to the summons. It should address each allegation in the complaint, confirming, denying, or stating you lack enough information to admit or deny each claim.
  • Raise all Applicable Foreclosure Defenses: If applicable, your answer should include any defenses you may have to the foreclosure, such as the lender not following proper procedures or violating consumer protection laws. What foreclosure defenses are viable? It depends on the specific situation. A Florida foreclosure defense lawyer can help you evaluate and raise every possible defense. 
  • File Your Answer With the Court: You must file your answer with the court before the deadline and provide a copy to the lender’s attorney. Ensure it is done on time to avoid an automatic win for the lender. If your answer to a foreclosure summons is not filed in a timely manner, then it is effectively the equivalent of not responding at all. 

What to Know About Deficiency Judgments in Florida’s Foreclosure Process

Another key point to know about Florida’s foreclosure laws is that it is a mortgage deficiency state. What does that mean for a financially-distressed homeowner who is facing a risk of foreclosure? If the sale of the foreclosed property does not cover the full amount owed on the mortgage, the lender can seek a deficiency judgment for the difference. Here is an example: 

  • Imagine that you owe $500,000 on a mortgage on a home in Miami-Dade County. The home is foreclosed on. The lender sells the property for the current market value—$475,000. You are $25,000 short of the loan. Under Florida law, the lender could then sue you for the remaining $25,000. This is known as a deficient amount. It can be a very big factor in many foreclosure cases in Florida, especially for those who are significantly underwater in their home.  

How does the deficiency judgment risk relate to the initial foreclosure summons? If you ignore a foreclosure summons and fail to defend yourself in court, the lender may obtain a default judgment, resulting in the loss of your home. Beyond that, without your presence in court, you lose the opportunity to challenge the deficiency judgment. Defending your home and defending yourself against a deficiency judgment are all part of the process. 

Contact Our Florida Foreclosure Defense Attorney Today

At Jacqueline A. Salcines, PA, our Florida foreclosure defense lawyer fights aggressively to help people save their homes. If you have any questions about responding to a foreclosure summons, we are more than ready to help. Get in touch with us by phone at 305-669-5280 or contact us online for your completely private case review. Our law firm provides foreclosure defense representation in Coral Gables, Miami-Dade County, and all across South Florida. 

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Defending Your Home: A Comprehensive Guide to Foreclosure Defense Strategies

Foreclosures are once again on the rise. According to a report from Bloomberg, the nationwide mortgage foreclosure rate jumped 22% in the first quarter of 2023. Notably, South Florida has a higher foreclosure rate than the national average. Facing foreclosure on your home is stressful, frustrating, and intimidating. The good news is that you are not without options. 

Every homeowner in Florida has a right to defend their property against a foreclosure. A number of different foreclosure defense strategies are available—you need to be ready to explore every available option. In this article, our Coral Gables foreclosure defense lawyer provides an in depth guide to the strategies that you can use to defend your home in Florida. 

You Have the Right to Defend Your Home Against Foreclosure: An Overview of Florida Law

As a starting point, homeowners should have an understanding of how the foreclosure process works in Florida. While there are some federal mortgage regulations in place, there are also significant state-to-state variations in foreclosure laws. Here is a list of some of the most important things that financially-distressed homeowners need to know about Florida’s foreclosure laws: 

  • Federal Law Generally Sets a 120-Day Timeline: Federal law sets the general timeline for most residential mortgage foreclosures in Florida. With few exceptions, there is a 120-day timeline before a lender can initiate foreclosure. The clock starts after the first missed mortgage payment. The 120-day period is designed to grant financially distressed homeowners ample time to resolve their issues or explore alternatives to avoid foreclosure, 
  • Homeowners Should Receive Proper Notices:  In Florida, homeowners must receive proper notices throughout the foreclosure process. The lender must send a Notice of Default (NOD) and a Notice of Acceleration, which outline the homeowner’s rights and the amount owed. Later in the process, the lender must provide Notice of Foreclosure Sale, stating the date and location of the foreclosure auction, giving homeowners a chance to take action. 
  • Florida is a Judicial Foreclosure State: Florida follows a judicial foreclosure process, which means that lenders must file a lawsuit in court to initiate foreclosure proceedings. Once the lender obtains a final judgment, a foreclosure sale can be scheduled. Not all U.S. states are judicial foreclosure jurisdictions. As a general rule, the foreclosure process takes longer in states that require judicial foreclosure. 
  • Florida Allows Deficiency Judgments: All homeowners navigating the foreclosure process should understand that Florida is one of the state’s that allows lenders to pursue deficiency judgments. After a foreclosure sale in Florida, the lender can seek a deficiency judgment against the homeowner if the proceeds from the sale are insufficient to cover the outstanding mortgage balance.

Understanding the Most Common Foreclosure Defense Strategies

Foreclosure Defense Strategy #1: Go After the Validity of the Mortgage or Conduct of Lender

Challenging the validity of the mortgage or the conduct of the lender is a common foreclosure defense strategy. Homeowners can scrutinize the loan documents for any errors, any material misrepresentations, or any type of fraudulent or otherwise legally improper practices by the original lender, a mortgage servicer, or the company that currently owns the mortgage. 

All homeowners should be ready to work with an experienced South Florida foreclosure defense lawyer who can thoroughly investigate whether the lender followed proper procedures and complied with all relevant state and federal laws during the loan origination, loan servicing, and the foreclosure process itself. 

If any violations or discrepancies are discovered, you may be able to defend your home against a foreclosure. These are highly fact-specific legal matters. In some cases, homeowners can use improper conduct on the part of a lender or mortgage servicing company to negotiate an outcome that allows them to save their home. In other cases, the company initiating the foreclosure may not even actually be the rightful owner of the loan. 

Foreclosure Defense Strategy #2: Explore Options for a Loan Modification 

Another foreclosure defense strategy is to explore options for a loan modification. A loan modification involves changing the terms of the mortgage, such as reducing the interest rate, extending the loan term, or adding any missed payments to the principal balance. It is important to emphasize that loan modifications are not available in every case. That being said, they are always a strategy that should be explored for foreclosure defense. 

A well-tailored loan modification can halt the foreclosure process. It can alter the terms of the loan, make monthly payments more manageable for homeowners, and prevent foreclosure. To qualify for a loan modification, homeowners must demonstrate financial hardship and provide documentation proving their ability to make the new, adjusted payments. Working with a Florida foreclosure defense lawyer is a must. An attorney can improve your chances for getting a modification. 

Foreclosure Defense Strategy #3: Buy Time and File for Bankruptcy Protection

Filing for bankruptcy protection is another foreclosure defense strategy that can help homeowners buy time and possibly save their property. When a homeowner files for bankruptcy, an automatic stay is issued, which temporarily halts all collection activities, including foreclosure. Chapter 13 bankruptcy allows homeowners to restructure their debts and create a repayment plan to catch up on missed mortgage payments over a period of three to five years. 

Of course, a personal bankruptcy filing is certainly not the right path forward in every situation. Still, it is an approach that may be viable for some homeowners in Florida—especially those who are facing overall financial challenges. A bankruptcy filing could delay the foreclosure process, allow a person to remain in their home, and provide them with an opportunity to reorganize their finances and address their financial challenges. 

Speak to Our Florida Foreclosure Defense Lawyer for Immediate Help 

At Jacqueline A. Salcines, PA, our Florida foreclosure defense lawyer is an experienced, effective advocate for homeowners. If you have any specific questions or concerns about foreclosure defense strategies, we can help. Call us at 305-669-5280 or connect with us online to schedule your fully private case review. From our office in Coral Gables, we provide foreclosure defense representation to homeowners in Miami-Dade County and throughout the surrounding area in Southeast Florida. 

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MIAMI FORECLOSURE LAWYER – DEFENDING AGAINST THE BANK AFTER A HURRICANE

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SOUTH FLORIDA FORECLOSURE LAWYER

While living in Miami and South Florida is a dream to many,  after a hurricane hits, the damage to your home and property can be crippling.  After the 2017 Hurricane Season, many South Florida homeowners lost their homes, their property and some even their jobs.  Offices were closed down which affected the homeowner borrower ability to pay their mortgages.

While many banks offered a forbearance of their mortgage, many reneged on the deals and after 3 or 6 months, slapped the homeowners with a reinstatement bill, forcing many borrowers to fall into foreclosure.

Mortgages are liens against property and when a borrower stops paying their mortgage, the result is typically foreclosure. However, if you have a knowledgeable attorney in  your corner, it does not have to be.

“At the Law offices of Jacqueline A. Salcines, P.A., we have been assisting homeowners with their mortgage needs for over 20 years.”

We are here to help. We offer cost effective foreclosure defense, negotiation and loan modification assistance. Whether you are six  months behind on your mortgage or six years, call us.   The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all your real estate and business law needs  for over 20 years.

 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.com

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NEW LINE OF DEFENSE FOR DYCK O’NEAL LAWSUITS

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SOUTH FLORIDA DEBT SETTLEMENT LAWYERS

DYCK O’NEAL LAWSUITS FOR FORECLOSURE MORTGAGE DEFICIENCY BALANCES

DEBT SETTLEMENT ATTORNEYS

Dyck O’Neal continues on the prowl for South Florida debtors.  Not only is a privately owned debt collection company filing foreclosure and short deficiency lawsuits in Florida, but now they are actively transferring judgments from out of state foreclosures, to Florida.  Dyck O’Neal,  a company who was  approached by Fannie Mae years ago, bought up thousands of stale foreclosure judgments in Florida and across the country,  and filed suits at the 11th hour, when the statute of limitations was about to run out.

But debtors should know that even if you receive collection letters from Dyck O’Neal or are sued for the balances on debt they purchased, these suits can be defended and can be won.  Numerous defenses exist including the statute of limitations as well as practices under the Fair Debt Collections Act. If unlawful, some of these suits or collections can be extinguished all together.  If valid, they can be settled for pennies on the dollar.   But you must act timely. If you are served with a lawsuit by Dyck O’Neal,  you will have twenty (20) days to respond.  That means, 20 days to hire a lawyer to review your complaint and file a Motion representing you.

That’s where the Law Offices of Jacqueline Salcines, PA comes in. We have fought these Dyck O’Neal suits and settled them for pennies on the dollar. Often, the homeowner is protected under the Foreclosure Act, and Dyck O’Neal must walk away. Other times, they settle for pennies on the dollar.

It helps to have an attorney who is familiar with Dyck O’Neal suits, and how to litigate and fight them.  At the Law Offices of Jacqueline A. Salcines, P.A., we have been assisting borrowers with their deficiency lawsuits and their debt settlement for over 17 years.   You have the right to settle your debt for potions of what you owe.  We are here to help and protect your rights.

Allow us to go to work for you and negotiate your debt.

We offer free phone consultations, and a no cost review of your case. 

Call us today.   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 17 years experience including holding a dual degree in Accounting, her broad knowledge of DEBT SETTLEMENT serves to aggressively protect and defend our firm’s clients.

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

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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HAMP LOAN MODIFICATION AFTER DEADLINE OF DECEMBER 30, 2016

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MIAMI DADE LOAN MODIFICATION AND FORECLOSURE ATTORNEYS

Now that the deadline to submit a Home Loan Modification request under the Making Homes Affordable Program has expired (the last date for submission was December 30, 2016 and has not been extended by the Trump or Obama Administration) what will happen with all the borrowers who are again struggling to pay their mortgages?  While the program has not been keyed for renewal, like the HARP program that was extended, borrowers face a myriad of questions and concerns as to what will happen with their underwater properties.  Loan Modifications continue to prevail with other plans that are available.  Fannie Mae, Freddie Mac, FHA Federal Housing Authority and even the USDA have programs that continue to exist to help underwater home loan borrowers with their default and delinquent mortgages.

Lenders continue to be understandable and are allowing homeowners to remodify their mortgage and loans under these programs that continue to exist into 2017.

Many borrowers under the HAMP program had adjustable rates which increase after the 5th year.  That would put anyone that modified their loan in 2009 or 2010 into a higher interest rate.  A mortgage default however doesn’t mean you have to lose your home. A Miami Dade Loan Modification attorney at our firm can help.

There is Hope and Help for these borrowers.  While there are strict eligibility requirements under these programs,  and it may be necessary to make sure you qualify before submitting a modification request, we are here to help..

At the Law Offices of Jacqueline A. Salcines, PA, we are Miami Dade Loan Modification attorneys and keenly aware of the requirements and are able to sit with the borrowers, review their financials data, and provide solutions for their homeownership mortgage problems.  Allow my team of attorneys and accountants to go to work for you so you do not fall victim and lose your home.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 17 years experience in the foreclosure, mortgage and real estate field as well as 22 in the accounting field. Ms. Salcines has been helping homeowners in foreclosure for over 10 years and is available by email to answer all your questions and concerns, without ever charging a consultation fee.

Call us today to set up an appointment to discuss your purchase or sale. 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

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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LEGAL STANDING IN FORECLOSURE UNDER A LOST NOTE

DO BANK’S HAVE STANDING TO BRING SUIT WHEN THEY HAVE LOST THE NOTE OR WERE NEVER IN POSSESSION OF IT TO BEGIN WITH?

The recent ruling under Creadon v. U.S. Bank N.A. 166 So.3d 952 (Fla. 2nd DCA 2015), says NO.  This case involved BancMortgage Financial Corporation, the lender who foreclosed against two homeowners under the theory of a lost note.  The lender never held the note but tried to produce evidence at trial, through one of the bank employees, and through a limited power of attorney, that the bank held the note by virtue of an executed assignment.

While no one disputed that the homeowners were in default, the issue was whether there was enough evidence to warrant substitution as Plaintiff and prove that U.S. Bank had standing to enforce the note.  It proceeded solely on the theory that it was the “holder” of the note and therefore had the right to foreclose.

In this case, however, a foreclosure had been filed previously.  Under that previous filing, the original note had been filed in the registry of the court years before.  Without the return to U.S. Bank of the original note, it could not have been holding the note or been what is referred to as “nonholder in possession” with standing to foreclose.

The court held that U.S. Bank failed to present sufficient evidence that it had standing to foreclose the note.  Unable to prove their right to sue, the court ruled in the homeowners favor.

If you need assistance with a foreclosure, contact us.  At the Law Offices of Jacqueline A. Salcines, PA, we are here to help you with your foreclosure so you don’t lose your property.

Tel.  305-669-5280

Fax: 305-669-5283

Email: J.Salcines@Salcineslaw.com

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DYCK O’NEAL LAWSUITS ON THE RISE

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SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS

PROTECTING YOUR INTERESTS WITH DYCK O’NEAL

Recent months have experienced an avalanche of Dyck O’Neal suits.  Whether for deficiency balances after short sales or foreclosure auctions, or whether collecting on a foreclosure judgment, borrowers are worried when receiving these lawsuits.  What you need to know is that as a borrower, YOU  have rights.  On July 1, 2013, the Florida legislature passed the Fair Foreclosure Act  (HR87) which limited the time period for which the judgment creditor could sue from 5 years to 1 year.

For judgments entered prior to the enactment of the new law, the deadline for filing a deficiency suit was July 1, 2014.

If you are receiving letters, calls or have been served with a lawsuit by Dyck O’Neal, call us immediately.  The faster you act, the easier it is to assist you.  At the Law Offices of Jacqueline A. Salcines, PA, we are here to defend and protect your rights!

Jacqueline A. Salcines, Esq., the firm’s lead attorney brings extensive knowledge and expertise with these deficiency collection matters and lawsuits, particularly with Dyck O’Neal, as well as in the field of negotiating and settling debt for pennies on the dollar.   We employ market knowledge, extensive litigation experience,  contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in debt settlement and oral and written contracts as well as negotiating them when they don’t go as planned, is what sets us apart.

With prompt intervention to resolve disputes amicably, without the need to litigate,  we are here to get debt settled, without the necessity of filing for bankruptcy.

With more than 16 years experience,  attorney Jacqueline Salcines has been practicing law with the need of her clients first.  Upon calling the firm you get the feel of how the client is our first priority.  We are here to help you with your purchase or sale and do so with hands-on legal experience.

Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15  years.  She brings her knowledge and experience to every real estate transaction.  Let us go 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

DIRECT EMAIL: J.SALCINES

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ARE YOU BEING SUED BY DYCK O’NEAL?

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SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS

PROTECTING YOUR INTERESTS WITH DYCK O’NEAL

Unlike many states, in Florida if you are sued for a deficiency balance (the difference between what your home sold for in foreclosure auction versus what the final judgment amount stated you owed) borrowers and homeowners have rights.  On July 1, 2013, the Florida legislature passed the Fair Foreclosure Act which limited the time period for which the judgment creditor could sue from 5 years to 1 year.

For judgments entered prior to the enactment of the new law, the deadline for filing a deficiency suit was July 1, 2014.

If you are receiving letters or calls from Dyck O’Neal trying to get you to pay on this so called debt, you have rights. At the Law Offices of Jacqueline A. Salcines, PA, we are here to defend and protect your rights!

At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise with these deficiency collection matters and lawsuits, particularly with Dyck O’Neal, as well as in the field of negotiating and settling debt for pennies on the dollar.   We employ market knowledge, extensive litigation experience,  contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in debt settlement and oral and written contracts as well as negotiating them when they don’t go as planned, is what sets us apart.

With prompt intervention to resolve disputes amicably, without the need to litigate,  we are here to get debt settled, without the necessity of filing for bankruptcy.

With more than 16 years experience,  attorney Jacqueline Salcines has been practicing law with the need of her clients first.  Upon calling the firm you get the feel of how the client is our first priority.  We are here to help you with your purchase or sale and do so with hands-on legal experience.

Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15  years.  She brings her knowledge and experience to every real estate transaction.  Let us go 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

DIRECT EMAIL: J.SALCINES@SALCINESLAW.COM

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MORTGAGE PRINCIPAL REDUCTION UNDER NEW PROGRAM

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MIAMI DADE LOAN MODIFICATION AND FORECLOSURE ATTORNEYS

The Federal Housing Finance Agency (FHFA) announced last week a new program to significantly reduce and forgive mortgage principal balance for delinquent Fannie Mae and Freddie Mac loans.  The impact of the program is expected to assist underwater homeowners that are still struggling with mortgage payments, high interest rates, and inability to refinance because of lack of equity.

Approximately 33,000 homeowners will be eligible for the program.  Applicants must be:

  1. Primary Residence applicant;
  2. Fannie Mae or Freddie Mac loan;
  3. 90 days or more past due on the mortgage as of March 1, 2016;
  4. Mortgage outstanding unpaid principal of no more than $250,000.00

The program will more than likely result in many borrowers reaching out to lenders to see if they qualify.

If you feel you can benefit from this program, and meet the requirements above, at the Law Offices of Jacqueline A. Salcines, PA, we are here to help.

We are keenly aware of the requirements and are able to sit with the borrowers, review their financials data, and provide solutions for their homeownership mortgage problems.  Allow my team of attorneys and accountants to go to work for you so you do not fall victim and lose your home.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 16 years experience in the foreclosure, mortgage and real estate field as well as 20 in the accounting field. Ms. Salcines has been helping homeowners in foreclosure for over 10 years and is available by email to answer all your questions and concerns, without ever charging a consultation fee.

Call us today to set up an appointment to discuss your purchase or sale. 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

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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FORECLOSURE 5 YEAR STATUTE OF LIMITATIONS AFTER BEAUVAIS

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So, the Third District Court of Appeal has finally reached a decision in the Deutsche Bank v.  Beauvais case, and it is not favorable to borrowers.  the Court sided with Lenders in prolonged foreclosure cases.  In essence, the Opinion by the Court of Appeals allows lenders to pursue foreclosure cases, even after the 5  years after nonpayment have expired.  The Third DCA now agrees with the Fifth DCA finding that a missed mortgage payment after an initial failed foreclosure lawsuit stats the five-years all over again.

This ruling will allow lenders to pursue foreclosures and sides with the Supreme Court in Singleton v. Greymar Associates.

Singleton is a landmark ruling that allows lenders to bring foreclosure suits even after courts dismiss earlier foreclosure suits with prejudice.  It holds that new defaults AFTER unsuccessful foreclosure suits creates grounds for re-filing, or re-suits.  It also makes no distinction between foreclosure cases where lenders accelerated their loans to collect full payment and other, and allows lenders to maintain separate actions for defaults occurring even after acceleration.

The ruling in essence means borrowers who win in foreclosure must make payments under their loan contracts, or lenders can move to foreclose after any subsequent breach.

If you are unsure whether your foreclosure can be defended, or are facing foreclosure and require the assistance of a knowledgeable attorney, call the Law Offices of Jacqueline A. Salcines, PA.

We are happy to explain the Court’s decision in length and see if you are protected under the new ruling.

For more information, call to  speak to real estate attorney Jacqueline Salcines, PA, today. She holds a dual degree in both accounting and law and can provide both tax and legal advice.   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, FLORIDA 33146
TEL: 305 | 669 | 5280
DIRECT EMAIL:  J.SALCINES@SALCINESLAW.COM
 
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