First time home-buyers you are in luck. FHA has unleashed a new program called the HOMEOWNERS ARMED WITH KNOWLEDGE or HAWK program last month for homeowners purchasing for the first time. This program is a way for home buyers to cut their mortgage insurance premium costs by attending counseling classes. The idea behind it is to make home buyers more responsible purchasers when it comes to their mortgage payments, in the wake of the mortgage crisis. The HAWK program announced by the Federal Housing Administration was created with the idea that the more responsible home buyers are, and understand about home ownership, the less likely they are to default on their payments, and thus reduce the risk for FHA.
And… after two years of no delinquent payments, the homebuyers will get even more program discounts and incentives.
Borrowers who take the classes which include several courses about closing, can save an average of $325.00 per year or $10,000 over the life of the loan.
FHA does not write loans, it merely insures them. Therefore, borrowers can get loans FHA backed with as little as 3.5 percent down and a credit score of 560.00. But this type of loan is a huge risk because of the percentage down required. Therefore, while PMI is required, this program will offset the amounts that homebuyers pay over the life of their loan.
Under the program, the homebuyers that take the counseling class BEFORE signing a contract, can earn a 50 basis point reduction in upfront mortgage insurance and a 10 basis point reduction in the annual premium costs. Mortgage insurance premiums would also be cut to 1.35 percent.
The long term savings are impressive and can assist with homebuyers that have faced several hurdles in buying properties because of the additional costs and fees lenders are charging post mortgage crisis.
To find out more, contact us. The first consultation with attorney Jacqueline A. Salcines, Esq. is free of charge and can provide valuable information for making that first and ever so important home purchase.
TRUST | COMITMENT | RESULTS
Jacqueline A. Salcines, PA706 S. Dixie Highway2nd FloorCoral Gables, FL 33146Tel: 305.669.5280
2014 is the YEAR OF THE SELLER in Miami-Dade and Broward counties. There are more buyers then inventory of properties on the market. A sellers market therefore makes hiring the services of an experienced team of realtor and real estate attorney/title agent more crucial then ever. Buyers and investors want to get properties at the discounted prices they were used to in the years 2009 through 2013. However, with a seller market, comes the homework a seller must do to make sure the property is accurately priced to sustain a buyer and get to the closing table.
The first and most important task is finding the right realtor. This alone can make a huge difference between someone hard at work to list, market and sell your property, so that the number of days on the market are minimized. Once a realtor is picked and the property is listed, hiring a real estate attorney is also a necessity. A real estate attorney hard at work for you will review and check the contract provisions, and provide advice as well as negotiate any terms between the seller and buyer. A real estate attorney will also make sure all contract deadlines are strictly abided by, including deadlines for inspections, financing, as well as hold the deposits in escrow till closing.
Once the contract is signed, many issues can arise between contract and closing. Many properties are subject to appraisal contingencies and when the buyers lender appraisal comes back lower then the purchase price, the sellers team of realtor and attorney needs to be ready to fight for that price. This requires solid comparables to dispute value. Often the mere wording of a contract stating that it is not subject to appraisal can avoid the entire contract falling through if an appraisal falls short by the buyers lender.
Lien searches can also reveal open permits or liens and/or violations that must be closed by the seller prior to closing. Often times these can be negotiated or closed out for less then required. However, it requires the savvy work of the real estate attorney to get this done for the seller.
Commercial sellers and sellers that hold title either in a Trust, LLC or corporation, also require additional Corporate Resolutions and or Trust Affidavits at closing to ensure that the closing is authorized by the entity. A real estate attorney prepares all these forms on behalf of the seller in order to make sure the conveyance is legitimate.
Foreign sellers are also subject to a 10% withholding at the time of sale, unless exempt. Often, some attorneys may not be clear on diplomatic exemptions or other that exist which do not require the FIRPTA withholding. This is information that either a title company or real estate agent may not know and be familiar with.
At the Law Offices of Jacqueline A. Salcines, PA, our mission is to provide our clients with outstanding legal services that consistently exceed their expectations. Our law practice is dedicated to all aspects of the real estate transaction including title services, legal services and advice, lien search services, estoppel services, escrow services.
Attorney Jacqueline A. Salcines, Esq, is also an Accountant and therefore can provide solid advice regarding incorporating, tax repercussions or other considerations for the seller, specifically foreign sellers, at the time of closing.
We take pride in our ability to address your legal needs and resolve your legal matters, whether selling, buying, investing or merely shopping around. We strive to fully understand our client’s objectives and are committed to providing outstanding and sound legal and tax advice.
Call us today for a free consultation and let us put our expertise to work for you. Offices located in Coral Gables.
TRUST | COMMITMENT | RESULTS
LAW OFFICES OF JACQUELINE A. SALCINES, P.A.
Jacqueline A. Salcines
706 S. DIXIE HIGHWAYSECOND FLOORCORAL GABLES, FL 33146TEL. 305.669.5280EMAIL US DIRECTLY: J.SALCINES@SALCINESLAW.COM
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12014-07-01 17:02:512022-12-20 13:59:15WHAT TO CONSIDER WHEN PLACING YOUR PROPERTY ON THE MARKET FOR SALE
IN THIS DAY AND AGE, AFTER THE MORTGAGE CRISIS, IT IS A CRAZY THOUGHT TO ENTER INTO A PURCHASE SALES CONTRACT TO BUY A PROPERTY WIHTOUT ENLISTING THE ASSISTANCE AND ADVICE OF A REAL ESTATE ATTORNEY. ALMOST 50 PERCENT OF ALL HOMES HAVE BEEN AFFECTED BY THIS MORTGAGE CRISIS, EQUATING TO ISSUES ON TITLE, MORTGAGE ASSIGNMENTS NOT BEING RECORDED, LOST OR UNASSIGNED MORTGAGES WHEREIN THE LENDER IS IMPOSSIBLE TO REACH, OR TITLE ISSUES ARISING WITH THE DEED.
AN ATTORNEY TO ASSIST AT CLOSING IS MORE AFFORDABLE THAN YOU THINK. AND OFFERS THE MUCH NEEDED THOROUGH LOOK THROUGH AND EXAMINATION OF TITLE AS WELL AS CODE VIOLATIONS, LIENS AND OTHER ITEMS THAT COME UP DURING CLOSING. IF YOU SIMPLY RELY ON A TITLE COMPANY THAT REPRESENTS THE SELLER OR A TITLE COMPANY THAT DOES NOT HAVE AN ATTORNEY BACKING IT, YOU ARE RUNNING THE RISK THAT ISSUES MAY ARISE RIGHT BEFORE CLOSING, WHEREIN YOUR DEPOSIT MAY BE AT RISK OR WORSE, AFTER CLOSING, WHEN YOU HAVE ALREADY SIGNED AND THE PROPERTY AND PROBLEMS ARE NOW YOURS.
AT MY FIRM, WE ASSIST BUYERS AND SELLERS ALIKE, WITH ALL THEIR REAL ESTATE AND TITLE NEEDS. AS A TITLE AGENT ATTORNEY, JACQUELINE A. SALCINES, ESQ. EXAMINES TITLE AND REVIEWS ALL ISSUES TO FIND THEIR SOLUTION PRIOR TO CLOSING. WE CAN NOT CLOSE IF AN ISSUE ARISES ON TITLE THAT IS NOT RESOLVED. IT IS UP TO THE SELLER TO CURE ALL TITLE ISSUES PRIOR TO CLOSING.
Jacqueline A. Salcines
WE ALSO EXAMINE OPEN LIENS, OPEN PERMITS, AND ALL LIENS AND JUDGMENTS THAT COULD AFFECT THE BUYER, TO RESOLVE THEM PRIOR TO CLOSING.
FOR A NOMINAL FEE, WE ARE THERE WITH YOU EVERY STEP OF THE WAY. WE ALSO PREPARE THE HUD SETTLEMENT STATEMENTS MAKING SURE YOU PAY ONLY WHAT IS REQUIRED OF YOU AT CLOSING.
TAXES ARE ANOTHER ISSUES THAT MUST BE DEALT WITH. MANY TAXES IN FORECLOSURES WENT UNPAID FOR YEARS, RESULTING IN TAX DEED SALES AND UNPAID OR LATE PROPERTY TAXES. THIS MUST ALSO BE REVIEWED PRIOR TO CLOSING TO SEE WHAT AMOUNTS THE SELLER IS RESPONSIBLE FOR AND TO MAKE SURE THAT AS THE BUYER, YOU START OFF WITH A ZERO BALANCE AND NO UNPAID TAXES LINGERING OVER YOU.
CALL US TODAY FOR A FREE APPOINTMENT. WE CAN REVIEW YOUR CONTRACT AND PROVIDE SOUND LEGAL AND TAX ADVICE.
THE FIRST CONSULTATION IS ALWAYS AT NO COST AND CAN PROVIDE SOLID PEACE OFMIND IN TODAYS ERA OF UNKNOWNS.
TRUST | COMMITMENT | RESULTS
JACQUELINE A. SALCNES, ESQ.706 S. DIXIE HIGHWAYSECOND FLOORCORAL GABLES, FL 33146TEL. 305.669.5280EMAIL: J.SALCINES@SALCINESLAW.COM
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12014-06-30 00:11:152022-12-20 13:59:15BUYING REAL ESTATE PROPERTY AFTER THE FORECLOSURE MORTGAGE CRISIS… BUYER BEWARE
WHETHER YOU ARE BUYING OR SELLING REAL ESTATE… THE MARKET IS HOT!! WE ARE BACK TO THE DAYS OF THE BIDDING CASH WARS, WITH BUYERS PLACING OFFERS AT OVER LISTING PRICE, AND SELLERS CHOOSING THEIR BUYER FROM MANY A POOL OF EAGER TAKERS.
HOWEVER, IN THE TAIL END OF THE FINANCIAL FORECLOSURE CRISIS, WITH SO MANY PROPERTIES PURCHASED AT AUCTION, WITH MORTGAGE AND ASSIGNMENT ISSUES, FRAUDULENT DOCUMENTS SIGNED, LAW FIRMS THAT FORGED INSTRUMENTS, AND SO MANY TITLE ISSUES, IT MAKES SENSE TO NOT GO IT ALONE.HAVING A REAL ESTATE ATTORNEY IN YOUR CORNER IS THE SINGLE MOST IMPORTANT DECISION YOU CAN MAKE. A REAL ESTATE ATTORNEY THAT IS BOTH A TITLE AGENT AND ACCOUNTANT WILL LOOK OUT FOR YOUR INTERESTS, WILL EXAMINE TITLE, MAKE SURE THAT THE CHAIN OF TITLE IS CLEAN FOR YOUR SALE OR PURCHASE, SO THAT PROBLEMS DO NOT ARISE AFTER CLOSING THAT MAY COME BACK AFTER TO HAUNT YOU.
AT THE LAW OFFICES OF JACQUELINE A. SALCINES, THE ATTORNEY HAS OVER 18 YEARS EXPERIENCE AS A REAL ESTATE LAWYER AND ACOCUNTANT. WE ARE ALSO TITLE AGENTS WRITING FOR ATTORNEYS TITLE AND OLD REPUBLIC NATIONAL TITLE, THE LARGEST UNDERWRITER IN FLORIDA.
WE ARE A FULL SERVICE REAL ESTATE LAW FIRM PROVIDING:
CONTRACT AND DOCUMENT REVIEW
TITLE SERVICES
SELLER DOC PREP
MORTGAGE AND NOTE PREPARATION FOR SELLER FINANCING OR PRIVATE LENDERS
WE MARK AND WATCH ALL INSPECTION AND FINANCING DEADLINES AND GUIDE Y OU EVERY STEP OF THE WAY
WE ARE HERE TO SERVE YOU.
CALL US TO SEE HOW WE CAN HELP YOU IN YOUR PURCHASE OR SALE.
THE FIRST CONSULTATION IS ALWAYS FREE.
DONT GO IT ALONE. WE WELCOME THE OPPORTUNITY TO ASSIST YOU WITH ALL YOUR REAL ESTATE NEEDS.
TRUST | COMMITMENT | RESULTS
LAW OFFICES OF JACQUELINE A. SALCINES, P.A.706 S. DIXIE HIGHWAYSECOND FLOORCORAL GABLES, FLORIDA 33146TEL. 305.669.5280EMAIL: J.SALCINES@SALCINESLAW.COM
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12014-05-15 19:52:042022-12-20 13:59:15BUYING OR SELLING REAL ESTATE? DON’T GO IT ALONE.
Ever since the real estate bubble burst, securing financing for the purchase of real estate has been challenging. Tighter loan restrictions and fewer, more strict lending programs have stymied many real estate purchasers. The Qualified Mortgage Rule went into effect on January 2014 to address these issues but how are homebuyers impacted by this new rule?
The New Qualified Mortgage Rule is a new program designed to make sure borrowers can repay their loans. It is also known as the “ability to re-pay loan” rule. As defined by the Consumer Financial Protection Bureau, the program calculates the loan applied for at a 30 year term, with points and fees paid by borrower. Whatever this number equals, it can not exceed more than 3 percent of the total loan amount. Lenders are required to provide proof that the borrower has the ability to repay the loan and must confirm the debt to income ratio, which must equal no more than 43 percent.
While lenders had already tightened their restrictions significantly after the mortgage debacle. this equates to additional documents from borrowers to cover the lenders and their liability. Self-employed borrowers will have a hard time getting a mortgage if they do not have a long history of consistent income. It also impacts buyers looking for jumbo loans, over $417,000.00, making it more difficult to qualify for such loans.
The bottom line is to start with a real estate attorney and the right banking professional. As a team, we can find the right loan for you and make sure that banks are working within required guidelines and restrictions.
At my firm, I am both an accountant, lawyer and realtor. I work closely with each and every client that is looking to take out a new loan, as well as our banking partners, to make sure they have their credit in order as well as their finances in order to find the best program for them.
Call us today for a free consultation.
TRUST | COMMITMENT | RESULTS
JACQUELINE A. SALICNES, ESQ.706 S. DIXIE HIGHWAYSECOND FLOORCORAL GABLES, FL 33146TEL: 305.669.5280EMAIL: J.SALCINES@SALCINESLAW.COM
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12014-05-08 20:02:132022-12-20 13:59:42QUALIFIED MORTGAGE RULE WENT INTO EFFECT JANUARY 2014.
Yesterday we had the honor of calling up yet another client to advise of his loan modification approval and a more than $200,000 principal reduction on his loan. This put his new mortgage principal at almost fair market value for his home, and a 2 percent interest rate. His monthly mortgage payment was reduced by more than $1500.00. And, we did it in less than 90 days! Happy client. Happy firm.
The good news is that the bank are truly modifying mortgage balance principal and moving the HAMP modifications along in record time. We have found 90 days to be the average time. Yet, for all those that get modified, there are still millions trying.
If you modification is not going through, then you need to see who is processing it. Has a bank negotiator been assigned to your case? Is there a Specialist at the bank assisting you and confirming receipt of all financial documents? If not, then this is the first step that needs to be taken so that you are dealing with one person for 90 days.
Corelogic reports today that nearly 6.4 million homeowners are still underwater in their loans in the United States. This means that they owe more to the mortgage lender than their house is worth. Florida is in second place behind Nevada.
The key to a successful modification is to make sure that it is handled by a professional that knows what they are doing, that you are qualified beforehand and that you follow up weekly. These are the three most important steps to take to ensure that your modification is approved.
Call us today to schedule a free consultation to see if you qualify for HAMP or any other loan modification program that may get you a principal reduction and interest rate reduction.
TRUST | COMMITMENT | RESULTS
Law Offices of Jacqueline A. Salcines, PA706 S. Dixie HighwaySecond FloorCoral Gables, Fl 33146Tel: 305.669.5280J.Salcines@Salcineslaw.com
This is the million dollar question asked by homeowners that are looking to sell their property in today’s market. Many clients are visiting our offices with the notion of a short sale or loan modification. However, once we are able to run the property on the MLX and prepare a Comparative Market Analysis by square footage, the property may be worth far more than originally anticipated. This puts the seller in either a great position to sell, or in a terrible position with a second mortgage unable to short sale or modify or sell for a profit.
If there is no equity, second mortgages can still be settled for pennies on the dollar, thus creating equity. Then, a regular sale, not a short sale, can be had. A short sale requires that the property be worth LESS than the first mortgage balance. And the balance will be what the final judgment reveals after the foreclosure, if the property was foreclosed. Only an attorney can assess the true value and determine whether it is a short sale or not.
IF trying to modify, again the primary question is what is the property worth? The existing value of the property will be the single most important factor to determine whether qualify. If the property is not upside down, that is the mortgage balance is less than the fair market value, then the lender will typically not modify. The loan will most probably not fall into the Making Home Affordable Program. The homeowner is then found in a bind because they can not sell, they can not modify and they can not short sale. The only option left is to try and negotiate the balance with the lender.
At the Law Offices of Jacqueline A. Salcines, PA, we have a staff of attorneys, realtors and accountants, all knowledgeable in every aspect of the real estate field, to provide the most accurate and expert knowledge so that our clients can make an informed and proper decision with regard to their properties.
Call us today for a free consultation. To see what your property is worth and whether a short sale or loan modification is in your future.
Offices in Coral GablesTel: 305 | 669 | 5280Or email us at J.Salcines@Salcineslaw.com
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Si Usted a tenida problemas de trabajo, de salud, de matrimonio o cualquier otra dificultad que ha hecho perjudicar los pagos hipotecarios, y esta buscando una manera para salir adelante, el short sale or programa de modificacion de Making HOme Affordable puede ser su mejor solucion.
El programa de short sale de HAFA brinda grandes ventajas. Si es su residencia primaria y califica bajo el programa HAFA, puede ser que al terminar el Short Sale, el balance quede completamente borrado, puede Usted recibir incentivos monetarios de su banco, y evitar penalidades del 1099-C con el IRS. Nosotros negociamos directamente con su banco para determiner el previo de venta acceptable por adelantado, para asegurar su mayor proteccion.
Si Usted tiene ingresos y quiere quedarse con su vivienda, el Programa de Modificacion bajo el Making Home Affordable es su mejor solucion para ayudarle a reducer los pagos hipotecarios, sea el balance o mensualidad, y reducer el interes, muchas veces hasta el 2%.
Y existen muchas otras alternativas!
Con tanto en juego, Usted se beneficiaria de la ayuda de un expert en viviendas. Permita que la firma de abogados Jacqueline A. Salcines, PA revisa su estado financiero, a ningun costo para Usted. Una vez que se revisa, se le ofrece la mejor solucion a su problema hipotecario.
Tambien ofrecemos foreclosure defense, defense de foreclosure, para parar su caso en la corte mientras buscamos su mejor alternativa.
Llamenos hoy para una consulta con la abogada Jacqueline A. Salcines, Esq., completamente gratis.
Law Offices of Jacqueline A. Salcines, PA706 S. Dixie HighwaySecond FloorCoral Gables, Florida 33146Tel: 305 | 669 | 5280
My firm was recently successful in getting a rather large, second mortgage on a property wiped out completely. No penalty. No amounts owed the lender. No deficiency. And the lender immediately sent over a Satisfaction of Mortgage to record. How did we do it? It was rather easy actually. We were able to negotiate with the lender and prove that the Fair Market Value of the property was well under the amounts owed the first and second lender and provided a thorough report as to value.
Once the lender received the report and was satisfied with our explanation of the borrower’s hardship, they agreed. It was that easy.
Many times a second mortgage can thwart a short sale or a loan modification because it simply sends all values for either calculating the Borrower Financial Worksheet or NPV out of wack. Sometimes, it is the kill switch on a short sale because the second lender always retains the right, even under the Mortgage Debt Relief Act, to collect on the second post closing and maintain a deficiency.
The most important advice we can provide is hire the services of a knowledgeable attorney on your side. One who can run the numbers, provide the proper reports to make the waiver of a second mortgage a possibility.
There are many individuals out there, some in fact attorneys, promising such results. However, the satisfied client and our results speak for themselves.
Visit us on AVVO. COM and see what our clients are saying about our services.
Or call for a free evaluation of your case. The consultation is always free of charge. J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12013-07-16 11:25:402022-12-20 13:59:44SECOND MORTGAGES BEING WIPED OUT AND SETTLED FOR PENNIES ON THE DOLLAR
The Miami Association of Realtors ranked Brazilians as the “top foreign consumer searching Miami properties in May 2013”. Source: Miami Association of Realtors, The Miami Herald Sunday, July 7, 2013. Next in line were Canada, Colombia and Venezuela. What this equates to is a large number of foreigners investing in Miami Real Estate and depleting inventory of homes in South Florida.
While the majority of foreigners are smart enough to hire real estate lawyers to assist them with their purchases, far too many fail to do so and this failure to plan can result in costly mistakes. So how do foreigners avoid the pitfalls of foreign investing in the United States? First, it is important to understand who is considered a foreigner. A foreigner is any person that is neither a citizen nor a green card holder in the United States.
For a foreign buyer, there are no special rules or regulations that must be carried out to purchase property. They simply put in a contract, produce the funds and close. If rent is collected, they must file income tax returns, a 1040NR, to declare the income and expenses as well a pay any applicable income tax.
The implications arrive at the time the foreigner is ready to sell! Foreign nationals that sell real estate in the United States face heavy tax implications and are subject to FIRPTA. If there was no legal guidance prior to buying, then there is little that a lawyer or tax professional can do to safeguard the foreigner. The damage is done.
However, with the assistance of a real estate lawyer and accountant, and a little planning, many of the taxes can be avoided entirely. As a real estate and business lawyer, as well as an accountant, I see it far too often. The closing takes place and a year later, when its time to sell, the damage is done. At this point, shock takes over when these foreign sellers are told what they will have to pay the Internal Revenue Service.” -Jacqueline A. Salcines, Esq., Attorney at Law, Accountant. Therefore, the smart and savvy investor will hire an attorney to lay the foundation to structure the investment so as to avoid taxes and penalties.
The following are just a few of the items we can provide advice on that foreigners should consider prior to investing:
How to take title – As a foreign investor without either U.S. Citizenship status or residency status, foreign property buyers face quite a hefty tax upon the sale of their property. This can be avoided by either purchasing in the name of an LLC or structuring the purchase in a different manner. While the capital gain is may only be taxed at 15%, if the foreigner dies while owning the real estate, the entire value in excess of $60,000 may be taxed at rates as high as 45%.
FIRPTA Considerations. The Foreign Investment Real Property Tax Act also requires settlement and closing agents to withhold 10% of the gross sale proceeds of foreigner, held at the time of closing, and send to the Internal Revenue Service. This insures that the IRS collects an amount if the foreign property owner fails to file an income tax return. Properties under $300,000 may be exempt altogether if certain conditions are met
EB-5 Visa. The EB-5 category was created by Congress in the Immigration Act of 1990 to encourage the flow of foreign capital into the United States in order to create jobs for U.S. workers. Under this Visa, the foreigner that invests a minimum of $500,000.00 can immediately obtain green cards for himself and his immediate qualifying family members. This is also a consideration that foreigners can consider.
Although there are many rules and regulations to consider when purchasing and disposing of real property by foreigners in the United States, they do not have to be confusing. Whether you are buying or selling, consult with a real estate lawyer and tax professional to ensure that you do not make any mistakes, and your investment is a sound one.
At the Law Offices of Jacqueline A. Salcines, PA, attorney Jacqueline A. Salcines is both a real estate lawyer, investment consultant, as well as an Accountant. We stand able to assist foreigners to navigate the maze of foreign investing. Call us today for a free consultation, or email us with any questions you may have. J.Salcines@salcineslaw.com
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