FOREIGN INVESTORS IN REAL ESTATE AND THE EB-5 VISA

, ,

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:

  1. 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%.
  2. 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
  3. EB-5 Visa.  The EB-5 category was created by Congress in the Immigration Act of 1990 to encourage the flow of foreign capitalStacks of One Hundred Dollar Bills with Small House. 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

Jacqueline A. Salcines, Esq.

305  |   669    |   5280

TRUST    |    COMMITMENT    |  RESULTS

/by

WHY HIRE AN ATTORNEY WHEN SELLING PROPERTY

, , ,

 

Hand with a house key. This is the first of an informational series to provide Seller and Buyers alike with the necessary tools and know-how to make their sale or purchase of real estate a smooth transaction.  I hear it often from clients.  This real estate business is so stressful. Should you sell now with property values rising?  Should the Contract for Sale and Purchase be reviewed by a real estate attorney before or after it is signed?  What if you sign and then something needs to be changed? Are you bound by the terms?  Is there a three day recission period?  All valid questions.

And while we know that selling and buying real estate can be a daunting task, we at The Law Offices of Jacqueline A. Salcines dedicate our practice to REAL ESTATE LAW.  We are here to take the stress out of the transaction for you so that you can rest, relax, close and get on with your life.

Sellers for the most part have it easy.  You name your price.  Sign up with a realtor.  Sign a contract. Wait for closing.  Show up.  Sign. Get paid!.

Well…NOT SO FAST!  Many sellers don’t know that they can obtain the services of their own real estate attorney to represent them in the sale.  Although the buyer usually says Oh… don’t worry. My attorney or my title company will prepare your documents,  SELLER BEWARE!  When the buyers title company represents the buyer, it is doing just that, only guarding the buyers interests.  The buyers title company will prepare and examine title for the buyer and though the seller will be charged regardless for their services, they  DO NOT REPRESENT THE SELLER.  Yes. You heard correctly. You will get charged a fee but the DO NOT REPRESENT YOU.  Their interests and loyalty lies with the buyer.  Therefore, I don’t know about you, but when you are selling what may be the largest investment of your life, this is a big deal, I want someone in my corner looking out for and protecting my interests.

Sellers are not aware that while the title company should order a lien search to see whether there are any open code violations, or liens, if the title company does not order one, or orders one but does not review it properly, the transaction may close but the seller is on the hook… even 10 years later.  If the buyers title company does a shoddy job, then the seller may buy itself a lawsuit.  And good luck finding that title company ten years later.

Secondly, many sellers don’t know that under the contract, there are certain costs that the buyer is required to pick up. Many a time, I have seen HUD-1 Settlement Statements on transactions that have closed wherein the seller was charged with a title search or other costs, that the buyer should have paid.  Remember, the title company is looking out for the buyer. And quite frankly, with nobody in the seller’s corner, how do they know the difference.

Usual seller costs as closing consist of the following:

  • Documentary stamp taxes on the deed (.60 cents for every $100.00 sale price in Dade and .70 cents in Broward)
  • Lien Search/Lien Letters
  • Wire Fee
  • Title Search (a discount is usually provided when the prior policy is provided. Again, something that is not told).
  • Estoppel fees for any Homeowner or Condo Assn.
  • Prorated taxes from January 1st to date of closing
  • Past due HOA or Condo Dues

While many Sellers don’t know how to read a HUD, the title company may overcharge or charge items to the seller that do not pertain to the seller.  Or, they may undercharge for taxes. How do you know if the right number was used for the proration.  Any error may result in less money paid to the Seller at the time of closing.

Sellers are also required to provide a payoff statement of their mortgage.  This is something that again, the title company for the buyer may request but WILL NOT review.  So if your lender is overcharging you or not providing adequate credit for payments made, they will not alert you. You are on your own.

For these reasons, and many more, it makes sense to hire the services of a professional real estate lawyer.

A real estate lawyer will protect your interests, make sure that once you close,  you are really done with the transaction. Not leave anything open that may result in the file being reopened or a lawsuit against you.  And will make sure that the figures on the HUD are correct and you get monies that are rightfully yours.

For a small fee, usually less than the title company is charging you to prepare your seller documents, you can have the expertise and experience of a real estate attorney in your corner.  For what is usually the larges purchase or sale one ever makes in their life, it makes no sense to go it alone.

Trust the Law Offices of Jacqueline A. Salcines, PA to protect you and your largest asset.

Visit us on the web:   WWW.SalcinesLAw.com

Offices in Coral Gables.

706 S. Dixie Highway

Second Floor

Coral Gables, FL  33146

Telephone:  (305) 669.5280

TRUST    |    COMMITMENT    |   RESULTS

 

/by

WHAT YOU NEED TO KNOW BEFORE BUYING A PROPERTY

, , , , , ,

Stacks of One Hundred Dollar Bills with Small House.Many things need to be considered when buying a property, regardless of whether your plans are to live in it or whether it is an investment. 2013 marked a year of many changes in the tax code by the Internal Revenue Service, including changes as to how mortgage interest income can be deducted and reported on tax returns, as well as Capital Gains taxes and limits, and numerous others are planned and will take effect upon property purchased in 2013.

If  the property you are considering purchasing is distressed, you will have a wide array  of considerations.  For instance, if the seller purchased in a foreclosure auction or as an REO, was the foreclosure accurately handled and/or dismissed.  As a buyer, you will need to make sure that the title is clean and that no other interest holders have rights, that may haunt you after you have signed on the dotted line.  This is the important, often overlooked role of the real estate attorney/title agent who will make sure that all this is reviewed prior to closing.  Moreover, whether the property and the loans associated with it are being audited by the Department of Justice is also a huge impacting consideration, as it may force titles that were issued to property owners and bona fide purchasers to be reversed, causing siginificant economic damages.

Real estate taxes also have a huge impact on whether a property should be considered or not.  In the advent of another real estate bubble, and with home values increasing by dramatic amounts, October may cause us to witness increased assessed values by the Property Appraiser causing once lower valued property taxes to double.

Return on Investment is also a big consideration.  If the property you are purchasing will be improved for rental,  the rental values permitted in the particular market need to be assessed.  What amounts will you be paying yearly in maintenance, insurance, taxes versus what the market will allow you to charge in rent.  Attorney Jacqueline A. Salcines states:  “At my firm, we use state of the art realty programs and tools that allow us to calculate up to the minute rental values for the most accurate assessment of what our client can rent the properties they are considering purchasing for.  This allows our investors to calculate their return on investment and make a sound decision as to whether to embark on the investment or walk away.”  There are countless other considerations that must be evaluated before you sign on the dotted line.

For many, buying a home is the single most costliest investment ever made.  It makes sense to have the right professionals by your side to guide you every step of the way.

At The Law Offices of Jacqueline A. Salcines, P.A., attorney Jacqueline A. Salcines is not only a real estate attorney and title agent with Attorney’s Title Insurance Fund, Inc. and Old Republic National Title Insurance,  but also an Accountant and Realtor.  Of equal importance, our firm has partnered up with  Tax Accountants and real estate professionals to provide the best guidance and advice to make sure your decision is a sound one.

Dont got it alone.  Hire the services of a professional to assist in making that one decision that may affect the rest of your life.

We are located in Coral Gables and the first consultation is always at no charge.

TRUST   |     COMMITTMENT  |    RESULTS

 

/by

WHAT YOU SHOULD KNOW BEFORE BUYING A HOUSE

, , ,

foreclosure_defense Deciding to purchase a home, for many, is the single most costly decision of their lives. Immediately followed by financing our children’s college education, perhaps?  Therefore, such a decision is not one to take lightly.  While we all know when it is time to buy (either you have outgrown your current home, looking to relocate, better neighborhood, growing family, change in employment) it is not a decision to be made without careful consideration of all factors.  Rather, some things to be taken into consideration include:

  1. Is the property priced right.  Hiring a real estate professional in this arena can be the single most important decision you make to determine value.  A realtor and real estate attorney as myself can run comps and look at closed sales, or determine a High, Low and Median price per square foot.  We are currently in a Seller’s market in South Florida and experiencing higher than normal asking/sales prices due to low inventory.  Therefore, the Seller may take this into consideration and price the house higher than market sustains. While today it may not matter as prices continue to rise, tomororw, if the bubble bursts again, this may not allow you to recuperate your paying price.
  2. Do your research on the neighborhood. If you have young children, are there other young children nearby?  Are the nearby residents owners that will maintain their properties or tenants that may not?   What schools pertain to the property?  Is there a Homeowner’s Association? If so, what are the rules and regulations you will be required to adhere to?  Take trips to the property during different hours so you can get a feel for the neighborhood and neighbors.  Going only while it is staged will not give an acucrate depiction of what life will be like after you close.  There is nothing worse than buying a property without researching these items and then finding out that your dream home may not be a dream after all.
  3. Ask for a Property Disclosure and perform proper inspections.  What looks great on the outside, may turn out to be not so great on the inside.  Perhaps your dream home needs a new roof that will put you back thousands of dollars. Or there are wood destroying organishms, or Chinese drywall or mold, that will cause health issues.  What other underlying issues are present in the home that the seller knows of?  Your realtor or the seller’s realtor must have them prepare and sign a Seller Disclousre that will reveal any known defects or issues with the home that you should take into consideration before putting an offer in.
  4. Are the owners in foreclosure or other liens that can effect the property.  While hiring the right attorney will clear any title issues, you may be in a time crunch to move and any home purchased with either a foreclosure or in a short sale, may be time consuming.  Clearing any tax liens or making sure foreclosures appeal periods have lapsed, can affect your closing deadline and they are important issues to know before putting an offer on a home.

These and countless other issues arise during the course of a real estate deal.

By having the right real estate lawyer and realtor by your side, you have already conquered half the battle.  While it may seem daunting to a homebuyer, these are issues we deal with on a daily basis and can handle like clockwork.

Don’t go it alone.  Hire an experienced real estate attorney to protect your rights.

LAW OFFICES OF JACQUELINE A. SALCINES, P.A.

TRUST   |  COMMITMENT   |   RESULTS

 

 

 

/by

LANDSCAPING HEAVILY INFLUENCES SELLING PRICE OF A HOME

, , ,

Stone and brick home with arched doorway As we South Floridians in the Gables, Pinecrest, Key Biscayne and surrounding areas enjoy a Seller’s market once again, it is important to know that research shows that the average homebuyer has already  made their mind up about buying a particular home the second they see the house from the outside.  “And by outside, I am not just referring to the structure.  A beautiful, well architected landscaped home will most likely get your buyer in the door much quicker than one that is spared of landscaping, and heavily influence the market value of your home.”  Jacqueline A. Salcines, Esq.

Many university studies reveal that an investment in landscaping provides a return on investment of more than 100 percent.  100 PERCENT! That means, that if you invest $25,000.00 in landscaping, you are likely to see that return when you add the $25,000.00 to the selling price.  Studies also show that homes that have curb appeal sell up to six weeks faster than homes that do not.

While some areas sell by themselves, this is great news if you are trying to sell a distressed home in today’s market.

So where do you start.  Drive around.  Take a look at other well-manicured yards in highly sought after areas and ask the homeowners for their landscapers name.  If you are the “Do It Yourself” type, you can certainly find hundreds of books and magazines on the market these days that will teach you how to get that great yard in no time.  The trick is to remove dead plants or beds that have been taken over by weeds. Make sure the lawn is nicely manicured and GREEN and thriving.  Local stores like Home Depot, ACE and others, sell numerous fertilizers for every type of lawn.  And make sure you have plant beds and plenty of color to bring attention to areas of the property. Also make sure the green does not convert into a jungle.

“Addresss the landscaping with a buyers point of view.  Think about what a typical buyer  is looking for. They want a nicely manicured yard with enough greenery to frame complement your home, but not so much that it becomes the focus of the home. Trees have the biggest impact, so placing an attractive tree, or trees, in your yard to provide shade and frame your home or backyard may well be worth it. Furthermore, landscape experts add that the way your landscaping funds are invested has a great deal to do with the return you experience. Buying a ton of small homogeneous plants is far less desirable that a few well placed mature ornamentals that complement the rest of your yard. You should focus on the front yard first as this is what grabs a potential buyer’s attention. Make sure your beds are weed free and covered with a nice layer of mulch.”

While only one idea to bring value to your home, always consult an expert when buying or selling.  We are here to help.

Law Offices of Jacqueline A. Salcines, P.A.

 

 

 

/by

HOW TO CALCULATE WHAT YOUR HOME IS WORTH

, , , ,

If you have not checked to see what your home is worth lately, you may be in for quite a surprise.   Nationally, and statewide, property values are skyrocketing and the median prices of homes are rising in double digits, specially the South Florida luxury real estate market. foreclosure process

The best way to determine the fair market value, is always to hire the services of a knowledgeable and skilled real estate professional to run a Comparative Market Analysis of your property to determine the price per square foot. A low, median and high price will be provided in order to assess true and accurate price per square foot.  Since this technique is based on comparables to the most recent sales, it is by far the most accurate manner to determine worth.  Whether prepared by an attorney or real estate agent, choose someone with knowledge and skill to determine the most accurate price.

Of course, there is always the formal APPRAISAL.  Although you will typically pay between $250.00 and $450.00 for an appraisal, this will also provide you with an accurate report of value based on recent sales. For buyers, sellers and investors, knowing and having this information is crucial.

There are also numerous websites and apps available to calculate value, including:

Zillow (www.zillow.com)

This will provide you with a  “Zestimate”  of fair market value.

For investors, Zillow also has a great little tool that estimates what the property would rent for.

And the Make Me Move feature, for those not quite ready to sell but curious about what they could get if they placed the property on the market. This tool allows you to name your price and see if anyone bites

Trulia (www.trulia.com)

Simply by entering your address,  Trulia  will do the rest.  You can also add any information that is missing from the property description such as new roof, or other facts, that will be re-estimated into price

Trulia is a great tool for house hunting, as you can search for homes by city, state or zip code.  It also allows for more refined searches, such as number of bedrooms or bathrooms, how many days on the market, and to see what new listing come on the market as they come up.

Trulia’s unique Heat Maps provide a graphic picture of an area’s sales, price trends and popularity. Adjust the Heat Map by neighborhood, city, county and state. You’ll also find school ratings, information about nearby businesses and comments from local residents.

Realtor.com (www.realtor.com)

This is the Official site of the National Association of Realtors.  You can have access to any homes that are listed and can refine searches by price, maximum, minimum, number of rooms, pool, zip code. This is by far the most comprehensive tool for buyers and sellers.

It is also packed with great resources such as a mortgage calculator, real estates trends and topics as well as home improvement advice.

And for all those tech savvy individuals, there are new apps each and every day such as Realtor.com app and apps created by realtors themselves, that will permit you to subscribe to their service and obtain up to the minute information about new listings, and follow their blogs.

Keep in mind that all the information on these sites are only starting points.  There is no substitute for a professional appraisal or Opinion of Value from a qualified Real Estate Attorney or Realtor

TRUST  |   COMMITMENT  |  RESULTS  

LAW OFFICES OF JACQUELINE A. SALCINES, P.A.

 

/by

HOW TO CALCULATE CLOSING COSTS ON A PURCHASE

, , , ,

I OFTEN HAVE PEOPLE CALL ME WHEN THEY ARE GOING TO PURCHASE A PROPERTY, AND ASK ME  TO GIVE THEM AN ESTIMATE OF WHAT THEIR CLOSING COSTS ARE GOING TO BE.

I HAVE HEARD OF REALTORS THAT CALCULATE IT USING A PERCENTAGE OF THE SALES/PURCHASE PRICE, AS DO SOME BANKERS. foreclosure_defense

HOWEVER, THE EXACT AMOUNT IS OFTEN VERY EASY TO CALCULATE.  BELOW IS AN EXAMPLE THAT CAN BE USED FOR YOUR PURCHASE

A BUYER’S TYPICAL COSTS AND FEES CAN BE CALCULATED AS FOLLOWS:

  1. ATTORNEY FEE
  2. SETTLEMENT OR CLOSING FEE  – THE FEE TO PERFORM YOUR CLOSING BY THE ATTORNEY OR TITLE COMPANY (TYPICALLY $295.00 IN MIAMI DADE COUNTY)
  3. SURVEY – IF A SINGLE FAMILY RESIDENCE (USUALLY BETWEEN $295.00 AND $300.00)
  4. COURIER FEE (USUALLY BETWEEN $25.00 AND $30.00)
  5. WIRE FEE (USUALLY BETWEEN $15.00 TO $25.00)
  6. HOMEOWNERS INSURANCE PREMIUM
  7. HOMEOWNERS FLOOD INSURANCE PREMIUM
  8. TITLE INSURANCE PREMIUM (THIS IS BASED ON THE PURCHASE PRICE AND IS A STANDARD FEE REGULATED BY THE DEPARTMENT OF INSURANCE)
  9. LOAN FEES (CAN NOT EXCEED THE GOOD FAITH ESTIMATE PROVIDED BY YOUR BANKER BY MORE THAN 10% OR THE BANK MUST REFUND THE DIFFERENCE TO YOU)
  10. IF FINANCING, YOU MUST BE INTANGIBLE TAX ON THE  MORTGAGE LOAN AMOUNT AT .20 CENTS FOR EVERY $100.00 BORROWED
  11. IF FINANCING, YOU MUST ALSO PAY DOCUMENTARY STAMPS TAXES ON THE MORTGAGE AT .35 CENTS FOR EVERY $100.00 BORROWED
  12. IF FINANCING, YOU WILL ALSO PAY FOR THE RECORDING OF THE MORTGAGE AT $8.00 FOR THE FIRST PAGE AND $8.50 FOR EVERY PAGE THEREAFTER.

PROPERTY TAXES ARE PRORATED FROM JANUARY 1ST OF THE YEAR TO THE DATE OF CLOSING AND WILL APPEAR AS A REDUCTION IN THE AMOUNT THE BUYER IS REQUIRED TO BRING TO CLOSING.

ESCROWS WILL ALSO BE ADDED BY YOUR LENDER IS YOU HAVE ELECTED TO INCLUDE THE INSURANCE AND TAXES INSIDE YOUR MONTHLY  MORTGAGE PAYMENT. IF SO, THE BANK WILL REQUIRE THAT MONTHS BE COLLECTED AT CLOSING AND HELD IN RESERVE ON YOUR ACCOUNT UNTIL THE LENDER PAYS YOUR PROPERTY TAXES IN NOVEMBER AND YOUR INSURANCE ONE YEAR FROM NOW.

ASIDE FROM THESE COSTS, YOU NEED TO EXAMINE YOUR CONTRACT CLOSELY TO SEE IF YOU ARE LIABLE FOR ANY OTHER COSTS.

WHILE THIS IS THE TYPICAL REAL ESTATE TRANSACTION SCENARIO IN MIAMI DADE, BROWARD IS A BIT DIFFERENT.

  1. IN BROWARD, SELLER IS USUALLY THE ONE THAT PAYS THE TITLE INSURANCE PREMIUM
  2. IN BROWARD, THE DOCUMENTARY STAMP TAXES ON THE DEED PAID BY SELLER ARE $ .70 CENTS FOR EVERY $100.00.

WITH SO MANY FEES AND COSTS INVOLVED, A THOROUGH EXAMINATION OF THE CONTRACT SHOULD BE MADE BY AN EXPERIENCED REAL ESTATE ATTORNEY PRIOR TO SIGNING ANY CONTRACT.  YOU MAY NOT KNOW WHAT FEES AND COSTS ARE CUSTOMARY DEPENDING ON YOUR COUNTY, AND ONCE YOU SIGN, THERE IS NO FREEZING OFF PERIOD.  YOU ARE STUCK.

DONT GO IT ALONE. HIRE THE SERVICES OF AN EXPERIENCED REAL ESTATE ATTORNEY TO REPRESENT YOU IN YOUR PURCHASE OR SALE.

JACQUELINE A. SALCINES, ESQ.   305  |  669  |  5280

 

 

 

 

/by

SHORT SALES HELD HOSTAGE BY SECOND MORTGAGE HOLDER

, , , , , ,

You’ve all heard the story before, months and months of laboring to get the short sale approval, you finally get it and the second lien holder or mortgage company will not accept what the first lien holder is agreeing to pay them.  Result:  Now your short sale is held hostage.  The first will not pay more, the second will not accept less.  What are the alternatives to get this approved after so much hard work?short_sale

Well, first of all, anyone negotiating or selling their home in a short sale must be familiar with their rights. Under the HAFA (Home Affordable Foreclosure Alternative) Program, the first lien holder MUST, not may, MUST, pay the 2nd lien holder $8,500.00. There are rules that regulate this payout and therefore the 1st lien holder can not wiggle its way out of this.  And the 2nd lien holders are keenly aware of these regulations.

Now, if the short sale falls outside of the HAFA Program, then you have a dilemma.  For the most part, the 1st lien holder will request a payoff statement of the first and typically (I say typically because in short sales there is nothing typical), they will pay 10% or a maximum of $6,000.00

“I have been negotiating short sales for quite some time and they (the lenders), for the most part, do adhere to the 10% rule.  But, in the event they pay less and the 2nd lien holder demands more, this is NOT necessarily the end of the line.  There are still options.  If the borrower is receiving an incentive at closing from the 1st lien holder, the 1st bank will allow the borrower/seller to contribute that money towards paying off the 2nd.  They will also permit you to enter into a promissory note, usually at 0% interest, ten (10) years, in order to reach that number.  Or, in the alternative, all the other parties in the game can make some contributions. Often times, realtors as well as the buyer are agreeable to making certain concession in order for the great deal to go through.  After all, if the closing falls through, the nobody gets paid and the buyer doesnt get their property.”  –  Jacqueline A. Salcines, Esq.

So, while the 2nd lien holder can certainly hold a short sale hostage and there are no laws you can use to force them to agree to a payout, there are still some alternatives to make the short sale go through to closing.

Short sales are crafty games played by crafty players.  Everyone has to have some skin in the game to make the process work smoothly.

And, if it goes smoothly, then as in any games, there will be many winners, and perhaps a few losers (the banks).

Dont go it alone. Consult a professional real estate lawyer to handle your mortgage problems.  We are a phone call away.

LAW OFFICES OF JACQUELINE A. SALCINES, P.A.

JACQUELINE A. SALCINES, ESQ.     TELEPHONE:  305  | 669 | 5280

 

 

/by

BILL TO HELP UNDERWATER HOMEOWNERS

, , , , , ,

The Responsible Homeowner Refinancing Act of 2013 was reintroduced this week for approval by Congress. Home floating on a life preserver.

This bill, if passed, will benefit responsible homeowners who have stayed afloat and maintained their mortgage payments current, despite their home values being upside down.  Responsible for the introduction of this bill are U.S. Senators Robert Menendez (NJ) and Barbara Boxer (CA).  First introduced in the 112th Congress but not passed, the bill is now gaining momentum again.  Perhaps more relevant now that the housing market is experiencing a recovery, though not quick enough for underwater homeowners  who have been unable to modify for too much income, and unable to refinance for too little equity.  This bill will also affect the impending wave of new foreclosures predicted for 2013, removing some homeowners from foreclosures all together.

Under the proposed bill, hardworking, responsible homeowners who entered into high interest, or interest only loans, will be able to refinance,  and reap the reward of current interest rates which are at 3.53 percent.  Responsible homeowners will be able to avoid foreclosure and have some money in their pockets.

The bill, which will enchance the current HARP program, seeks to eliminate the requirements that borrowers verify income or employment, as under the current HARP rules. The bill will also affect that manner in which appraisals are approved and handled, and reduce the cost and time for borrowers and lenders alike.  It will also extend the HARP program by one more year, through the end of 2014.

“This is great news for the underwater homeowner.  The HARP program has been fantastic in throwing a life preserver to the homeowner that is current on their mortgage and we have seen many mortgages reduced through principal reductions.  I am glad that Congress is taking note of the homeowners and how they are suffering in the current state of our real estate market.” Jacqueline A. Salcines, Esq.

So, this is more good news for underwater homeowners!  Now, if only the real estate market will continue to improve, we sseem to be almost out of the woods!!

DONT GO IT ALONE.  For more information on whether you qualify for a HARP Refinance, modificaiton, short sale or other relief, call me anytime.

Jacqueline A. Salcines, Esq.

Jacqueline A. Salcines, PA

A law firm dedicated to all of your real estate needs.

305 |  669  |  5280

/by

HOW TO BUY AND SELL IN THE 2013 REAL ESTATE MARKET

, , , , , , , ,

Many buyers and sellers are on pins and needles… not knowing whether to take the plunge and buy a property or place their homes on the market and take a chance that they are making the best profit.  Certainly no one expected the housing market, paricularly the Miami, Coral Gables and Pinecrest areas, to go up so dramatically since the bubble exploded.  However, the wave of recent sales and the return to the 10 contract deals, has certainly put the market back in the sellers hands. 20130201-182045.jpg

So, to invest or not to invest?  That is the question.  TrustED market researchers and forecasters predict a steady 1% to 3 % increase in home prices in 2013, but is this accurate? Afterall, Miami, Florida is certainly not the norm, and in some areas, prices are inching back to 2003 and 2004 levels.  Certainly, the market has turned the corner and the chances of the bubble burting again, are very slender.

There is also the issues of the Mortgage Interest Tax Deduction that will impact recovery. While most tax specialists expect a “cap” rather than a full elimination, for the LUXURY HOME BUYER and higher income folks, this is something that needs to be considered as it may affect their benefits from the tax deduction.

Sales are also being helped by record low mortgage rates, lower unemployment and a decrease in distressed home sales.  This is causing an improved demand for homes, specifically in the South Florida area, where inventory is so diminshed.

The National Association of Realtors reported that while December sales were just slighly below November, sales for the full year (2011) were the best we’ve seen since 2007.  Source: National Association of Realtors.

“As a real estate professional in the business for more than 15 years, the best advice I can give for navigating the 2013 real estate market is to hire the right team of professionals, including a knowledgeable attorney to check title and a realtor who can assess home values, comparables in the area, as well as determine the best price to come in at or list at.  This will remove your competition and provide you with peace of mind that you are buying or selling at the best price, a price supported by our presend day real estate market.”  Jacqueline A. Salcines, Esq.

JACQUELINE A. SALCINES, ESQ.  WE ARE A LAW FIRM DEDICATED TO ALL OF YOUR REAL ESTATE NEEDS.

TRUST  |  COMMITMENT  |  RESULTS

CALL THE REAL ESTATE LAW FIRM OF JACQUELINE A. SALCINES, P.A. FOR A FREE CONSULTATION:  305 | 669 | 5280

 

/by