SHORT SALES ON THE RISE IN SOUTH FLORIDA

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SOUTH FLORIDA SHORT SALE ATTORNEYS

REAL ESTATE LAW

Short Sales, where the mortgage company agrees to accept a “short” payoff of their mortgage (less to pay off the mortgage then what is owed) are experiencing a comeback.  Perhaps it is the fact that second lenders are filing foreclosure actions at higher speeds, or the statute of limitations is running on mortgages, whatever the cause, short sales are slowly increasing.

In a short sale, the homeowner lists the property for sale at a price lower then what is owed to the mortgage company.  The balance to the mortgage company is then negotiated so that the lender accepts the sales price, pays the borrowers closing costs and the borrower’s mortgage debt or balance is forgiven.

A true short sale, done accurately and proficiently will erase the mortgage balance AND the lender will agree to waive or never collect the balance of the mortgage. This is true whether Property values and real estate sales in South Florida and across almost all parts of the country  are thriving.  However, for a select few, short sales still linger.  Many lines of credits with ten-year and 5-year maturity dates are beginning to mature, causing homeowner mortgage payments to rise significantly, wherein the borrower/homeowner can no longer afford their mortgage payments.

Even if home values remain on the increase, if a homeowner can no longer afford their payment, they may try to short sale or modify their loan to see if they can save the home or exit gracefully.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise in the field of negotiating short sales and loan modifications.  We have an in-house short sale and loss mitigation department headed by managers with extensive experience. Jacqueline Salcines, Esq.is also an attorney, title agent and accountant, able to handle the full transaction without having to contract any outside services, saving the borrower money.    We are here to help iron out issues and move the transaction from imminent default to resolution.

With prompt intervention to resolve disputes amicably, without the need to litigate,  we are here to get borrowers the results they desire. Call us today to see what we can do for you.

For more than 18 years, 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.

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
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Foreclosure Defense for Struggling Homeowners

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BankruptcyHard to believe that with the double digit increase in real estate values in Florida, many homeowners still find themselves underwater with their mortgages, but this is a fact.  Victims of overextended credit limits, overinflated home appraisals during the mortgage crisis, and rising taxes and forceplaced insurance, has caused many homeowners to simply not be able to come out from below the water.  In fact, many that entered into loan modifications during 2009 and 2014, may be about to default again on their loan modifications due to the increase in interest rates scheduled for the fifth year under the Making Home Affordable Program, or an increase in the required monthly escrow.

While foreclosures in Miami and Broward are at the lowest levels we have seen for years, we are experiencing a new wave of foreclosures from the above borrowers, that tried to make ends meet and meet their financial obligations but with rising taxes and insurance, or a loss of a job, or loved one, can no longer sustain their mortgage payments.  This leads to a brand new filing of a foreclosure against these homeowners, and often forgiven debt under the Making Home Affordable Plan is recalculated into the mortgage balance, sending some to be underwater again.

At the Law Offices of Jacqueline A. Salcines, P.A. our dedicated team of foreclosure defense attorney and consumers rights advocates fight shoulder to shoulder with these lenders to protect our clients rights and properties.  The aim is to stop foreclosure and the abuses of the mortgage industry by holding lenders accountable for their actions.  We practice:

  • Foreclosure Defense
  • Commercial and Residential Foreclosure
  • First and Second Mortgage loan settlement and forgiveness
  • Loan Settlement
  • Short Sales
  • Loan Modifications
  • Credit Card Debt and Settlement
  • Debt Collection Abuse
  • Unfair Collection Practices
  • HAMP and Internal Modifications

HELP FOR STRUGGLING HOMEOWNERS IN FLORIDA

Whether you find yourself in a current foreclosure, or whether your default of your mortgage is imminent and you wish to plan and strategize all options available before you default, one call can make the difference.

At the Law Offices of Jacqueline A. Salcines, P.A., attorney Jacqueline A. Salcines, has over 15 years experience in the mortgage and real estate law industry.  She is an accountant having practiced prior to becoming an attorney.  Having an exclusive and extensive background with accounting and business law, as well as mortgages, provides the cutting edge difference when settling the accounts with lenders.  “Knowing what a lender can and can not do makes all the difference in the standpoint of a negotiation”. Often lenders in foreclosures are bluffing that they have the note or that their assignments are valid and when pushed against the wall and taken to trial, cases get voluntary dismissals.  “This is what we hope for our clients.”

“At my firm, we do not practice delay tactics or the buying time technique that many attorneys do while charging their clients monthly. Rather, I personally sit with the client and explore their needs and desires, while running their financials to see what they qualify for.  Our foreclosure defense is foreclosure defense with a result in mind.  I will review the complaint, often audit the loan package to see what advantages we have to win at trial.  That is the strategy.  Not mere delay to then push a bankruptcy on the client.”  Says Jacqueline Salcines, Esq.

Call us today for a free foreclosure defense and strategizing session.  The first consult is always free of charge and can provide the know-how and options that perhaps many borrowers do not know are available to them.

The foreclosure crisis is on the rise again in South Florida.  However with the right team behind you, the foreclosure crisis can be averted.

TRUST  |   COMMITMENT  |  RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

706 S. DIXIE HIGHWAY

SECOND FLOOR

CORAL GABLES, FLORIDA 33146

TEL.  305. 669.5280

EMAIL:  J.SALCINES@SALCINESLAW.COM

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HOW TO STOP A FORECLOSURE AND AVOID A BANKRUPTCY

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Hands - Holding HouseYou have stopped paying your mortgage, have been served  with a foreclosure complaint, Lis Pendens, and don’t know what to do.

Although filing an Answer pro se (representing yourself on your own behalf) is better than not filing anything at all, since a reply is required 20 days from the date of service of you will be defaulted,  by filing an Answer you may waive your rights and defenses.

There are many “affirmative defenses” or objections to the complaint that can be filed on the homeowners behalf that, if done correctly, can get the entire lawsuit dismissed.  However, if something is filed and the defenses are not claimed from the beginning, then they may be waived.

The smartest strategy is to hire an attorney to assist you with the foreclosure defense.  By reviewing the complaint, lis pendens and the closing package, defenses are preserved, and the best result achieved.

Foreclosures are often times negotiated and once a settlement or other resolution is reached, it goes away. However, only a legal professional familiar with the complaint, note, mortgage and required legal attachments knows what to do on behalf of a homeowner.

Don’t go it alone.  Defending a foreclosure in court is serious and if done improperly can result in losing your home AND still owing the bank your balance of the mortgage.

At the Law Offices of Jacqueline Salcines, PA, we have over 14 years experience in real estate law, defending homeowners and obtaining the best possible outcome desired.  Whether you seek to keep your home and want to pursue a modification, or want to process a short sale, or perhaps even a loan settlement, let my team go to work for you.

We have a fully staffed Short Sale Department, Title Department, and loan modification/loss mitigation department to handle all of your real estate needs.

The first consultation is always free.

TRUST |  COMMITMENT  |  RESULTS

 

LAW OFFICES OF JACQUELINE A. SALCINES, P.A.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL  33146
TEL:  305-669-5280
 

 

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DEFICIENCY JUDGMENT LIMITATION PERIOD

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House and lawRecent, significant changes in Florida’s Foreclosure law have shortened the time period in which a lender can collect a deficiency, or balance after a mortgage foreclosure or short sale.  The statute of limitations period for a lender seeking a deficiency judgment on a note secured by a mortgage on a residential property, is now one year, instead of five, for a  deficiency action started after July 1, 2013.

The bill also limits the amount that the lender can recover.  In the case of an owner-occupied residential dwelling, the recoverable portion is limited to the difference between the judgment amount (in a short sale, the outstanding debt) and the fair market value of the property at the time of sale.  The new statute also limits attorneys fees and costs the lender can charge when collecting the deficiencies.  See the full amended statute §702.06  http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0702/Sections/0702.06.html

Other recourse may be available to the borrower who is facing the collection of a deficiency judgment. Often times, the debt can be negotiated and satisfied, without filing for bankruptcy.

Call us today to assess your case and see if we can settle your deficiency or find a way around the payment of it.

TRUST  |   COMMITMENT  |  RESULTS

 
Law Offices of Jacqueline A. Salcines, PA
706 S. Dixie Highway
Second Floor
Coral Gables, Fl 33146
tel.  305 | 669 | 5280
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THE NEW STREAMLINED SHORT SALE – HUD ANNOUNCES NEW SHORT SALE REQUIREMENTS

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short-sale-contractEffective October 1, 2013, HUD announced new and favorable changes to their FHA short sale requirements for homeowners seeking to short sale their homes.

This new Streamlined Short Sale, may no longer require the borrowers seeking a short sale to submit financial information or prove a financial hardship.

The following properties will be eligible:

  • Principal Residence
  • Second homes
  • Investment Properties
  • Military Service Members

The transaction must be an Arm’s Length Transaction wherein all the parties to the transaction, including buyer, seller and realtor, are required to sign an Arm’s Length Affidavit providing under penalties of perjury that they are not related as follows:

  1. Seller can not list the property with or sell to anyone with whom they have a close business relationship;
  2. The seller and buyer can not be related either by family, blood or business.

Any violation of this is considered a federal offense and violation of federal law.

Before closing, any and all liens and judgments against the seller must be released.  And this we are seeing ever so often wherein the short sale lender quickly and without thought, stops a short sale because the borrower has “judgments” or liens against them.  A name examination by a title agent as myself can decipher whether the liens or judgments do in fact belong to the homeowner. “Often times, it is a common name and by merely having the borrower seller sign a Non-Identify Affidavit, and submit it to the lender, that will not halt the short sale  negotiation and process. ” Jacqueline A. Salcines, Esq.

Servicers must now use a Deficit Income Test or (DIT) to determine the borrower’s financial hardship.

If qualified for a streamlined short sale, the borrower may not have to produce any financial documents or prove a financial hardship.

The appraisal or BPO is also done within 10 days and prepared for review quickly so that this too does not stall the process or approval

While the borrowers may be asked to make a cash contribution at closing, often times if the property is not the homestead of the borrower, cash Incentives to homeowners by lenders are being given.

Lastly, the FHA short sale addendum, where all parties agree that the property is an arms length transaction and there are no hidden terms or conditions in the short sale, must be signed and dated by all the parties at closing or when instructed by the lender.

If the borrower qualifies, cash incentives are offered by participating lenders including:

  • Bank of America
  • Chase
  • Ocwen
  • Wells Fargo

For negotiators of short sales, this means short waiting times, short document collection and quick approval times.

For the homeowner, this is great news in that the short sales will be approved quicker and the incentives may be given.

At the Law Offices of Jacqueline A. Salcines, PA we can qualify you, free of charge for the streamlined short sale.

We work with many investors to find qualified buyers for your home and get the short sale approved at the best price possible.

Call us today for a free consultation.  Our reviews speak for themselves.

TRUST  |   COMMITMENT  | RESULTS

LAW OFFICES OF JACQUELINE A. SALCINES, P.A.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL>  305 | 669 | 5280
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What is your property worth today?

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Stacks of One Hundred Dollar Bills with Small House.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 Gables
 
Tel:  305 | 669 | 5280
 
Or email us at J.Salcines@Salcineslaw.com

TRUST   |   COMMITMENT  | RESULTS

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AVOIDING BANKRUPTCY BY SHORT SALE

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House and lawUnderwater borrowers these days have many options… and bankruptcy does not have to be one of them.  Often time, a borrower comes into my office, has stopped paying his or her mortgage, and has reached the conclusion, albeit the erroneous one, that filing for bankruptcy is the only way.  Many have been provided wrong or inaccurate information from the neighbors or friends, or have drawn these conclusions on their own, because they have simply not been educated on the many options that exist for underwater properties.

While a bankruptcy can wreak havoc on your credit report, and such derogatory information can last for many, many years, other loss mitigation options are less damaging to a borrowers credit and can allow the borrower to obtain a new loan and recover from the nightmare quicker.

For instance, a short sale.  In a short sale, the borrower remains in their home until the sale gets to closing.  This may mean many months of nonpayment of the mortgage, which while damaging to a credit report, at the time the closing takes place, the lender will most likely report the sale as “settled for less than agreed” or simply “settled”.  The lender will also remove the mortgage balance and replace it with a zero balance on the credit report, which may automatically improve the borrowers debt to asset ratio.  Usually borrowers are able to purchase homes and obtain new loans within a year with this option.

There is also a loan modification option with a settlement of the second loan.  Many lenders are approving loan modifications these days at record speed. Moreover, they are making huge principal reductions, as evidenced by our recent client who obtained a $300,000.00 mortgage write off under the Making Home Affordable program and a new interest rate of 2%

The second lender, if the property is upside down, may agree to accept a 10% settlement for their loan and cancel the loan altogether.  This means the borrower can keep their home with a mortgage value of what the property is worth.  Again, avoiding bankruptcy all together.

A deed in lieu of foreclosure also allows the borrower to deed the property back to the lender, with a possible write off of the mortgage is properly negotiated and primary residence of the borrower. Again, this option avoids bankruptcy.

So for all the borrowers out there that think bankruptcy is their only option, think again.  While many bankruptcy attorneys like to have the borrowers believe this (and I am not knocking any colleagues here) many are simply not knowledgeable enough to provide other options.  Bankruptcy is all they know.

At the Law Offices of Jacqueline A. Salcines, PA, we make it our business to know all the possibilities that exist and all the programs out there to assist homeowners.  Attorney Jacqueline A. Salcines, Esq. personally sits down with each and every prospective client to run their numbers and qualify the person for one of the programs above.  If you don’t qualify, then we do not take your case on.

But most important, we are here to help.  We know how damaging bankruptcy is to your credit and will do everything in our power to have our clients avoid that.

Our offices are located in the heart of Coral Gables. Call for  a free evaluation of your case today.

LAW OFFICES OF JACQUELINE A. SALCINES, PA
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FLORIDA 33146
TEL.  305 .  669.  5280
J.SALCINES@SALCINESLAW.COM

 

TRUST    |   COMMITMENT   |   RESULTS

 

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BANK OF AMERICA WHISTLEBLOWER REVEAL THEY WERE ORDERED TO LIE AND DENY LOAN MODIFICATIONS

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Shocking news hit the internet last week about Bank of America and its deliberate denial of Loan Modifications to hundreds of thousands of borrowers.  In a pending class action suit, two whistleblower employees of Bank of America, Simone Gordon and William Wilson, both gave startling Affidavits  stating that they were ordered by their superiors to deny loan modifications, lie to borrowers about the status of their modifications and not process them, and lie about documents being received, when in fact they had been.  Borrowers, who often complain that loan modifications are so tedious and time consuming, as well as frustrating with the lenders not receiving documents, now have an explanation. They were received, just not ethically and lawfully processed.

Simone Gordon and William Wilson, and the pending class action, shed light on the practices of Bank of America internally and its role in the loan modification arena. “I lied because I was told to lie” is how Simone Gordon put it.

Thousands of borrowers who may have been eligible for a modification of their loan, may have in fact lost their home in foreclosure due to the unlawful practices of Bank of America.

You can read more about the suit here as well as both affidavits.

Declaration of Simone Gordon

Declaration of William Wilson

 

If your loan modification was denied or you lost your home and Bank of America was your lender, contact us to see what can be done.

Jacqueline A. Salcines. Esq.

Tel: 305  |  669  | 5280  or email me direct at J.Salcines@Salcineslaw.com

Offices located at: 706 S. Dixie Highway, Second Floor, Coral Gables, FL  33146

TRUST   |   COMMITMENT  |  RESULTS

 

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WHY PAY A FORECLOSURE ATTORNEY MONTHLY TO DEFEND YOU

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House and lawWhy do more and more attorneys charge homeowners a monthly fee to defend their foreclosures and do little to earn their trust or save their home?  The practice has been frowned upon by agencies and the motives behind such actions called into question as unethical.

“In my law practice,  I find more and more homeowners coming in to retain me, after having paid other attorneys, thousands and thousands in attorneys fees, month after month, and are now faced with a final judgment hearing or foreclosure sale date, with no solution to save the home or the borrower from  judgment suggested or initiated.”  I am certainly not suggesting  the attorneys named here follow these practices, nor knocking the ones that do.  Everyone has to make a living and the attorneys that charge monthly are certainly not forcing borrower clients to pay.  They do so because they feel they are getting value for their buck. But many attorneys withdraw from the client foreclosure cases after thousands are paid by the client, either because they want more monies or because they tell the borrower that “time has run out” and there is nothing else they can do.  Now the homeowner is left without a home and with a judgment against them.

On a daily basis, clients sit across from me in my office, and tell me that they have paid $20,000.00 in legal fees to a foreclosure attorney, have never once met with the attorney (just the support staff) and their case is set for trial or has a sale date and the attorney is dropping them, having done nothing to save the home.   I find this practice unacceptable.

Why are foreclosure defense attorneys not finding viable solutions for their clients? And often times, by the time they are in to see me, it is too late.  They are 3 or 4 years in arrears and the unpaid balance is just too high that the bank will not even consider a modification.  Other times, the short sale could have been negotiated with a cash incentive to the borrower/seller but the incentive was not preserved or requested by the attorney.

We are here to help.

At the Law Offices of Jacqueline A. Salcines, PA, every effort is made to protect the homeowner and find the program that is right for them, before they are faced with a final judgment hearing or foreclosure sale date.  Every  potential client sits with attorney Jacqueline A. Salcines, PA and she alone, as both attorney and accountant, analyzes the financial information provide by the client and home values, to determine what options exist.

Thereafter, simultaneous with the foreclosure defense, WHICH IS CHARGED AT A FLAT FEE AND NOTHING IS PAID MONTHLY, the loss mitigation solution is sought.  Be it loan modification, short sale, deed in lieu or short payoff, we fight for you and your rights.

Call us today for a free, no obligation consultation.

Visit our Website at WWW. SALCINESLAW.COM.

VISIT US ON AVVO.COM AND see what other satisfied clients are saying.

 

Jacqueline A. Salcines. Esq.

706 S. Dixie Highway

Second Floor

Coral Gables, FL  33146

Tel.  305  |  669  | 5280

TRUST   |   COMMITMENT   |  RESULTS

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STREAMLINED MODIFICATION PROGRAM

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June 12, 2013

Jacqueline A. Salcines, Esq.Way Signs "Bailout - Collapse"

It appears that all these penalties to lenders for failing to modify borrowers’ loans is finally doing homeowners some good.  The Streamlined Modification program is really taking off and really working to assist borrowers.  The Freddie Mac Streamlined Modification program provides remedies to seriously delinquent borrowers that may not qualify under other programs.

While the Streamlined Modification program offers the same terms and conditions as the standard modification program, the program is intended for borrowers who have stopped paying on their mortgages at least 90 days but no more than 720 days delinquent.    You can not have stopped paying your mortgage for more than 2 years.

If you are eligible for this program, you may have already received a letter in the mail from your mortgage servicer offering you the service and sending you an application to apply.  Upon receiving the solicitation letter, the borrower can contact us to help fill out the forms and make sure that they provide accurate numbers to qualify for the program. It is extremely important that figures for the financial worksheet be provided accurately since you get one shot at getting it right, or risk being declined.

The following properties are eligible for this program:

  • Primary Residence
  • Second Home
  • Investment property (whether owner occupied or not)
  • Vacant properties and,
  • Condemned properties

To be eligible, the borrower must have the following (including but not limited to):

  1. Be behind on their mortgage by at least 90 days but no more than 2 years;
  2. Market to Market loan to value ratio must be greater than or equal to 80 percent (we figure this out for you).
  3. The mortgage must have originated at least 12 months prior to the date applying for the modification
  4. The mortgage must be a conventional first lien mortgage

 

There are numerous other qualifications and numbers that must be calculated.  Call us for a free, no obligation consultation to see if you qualify.

The Law Offices of Jacqueline A. Salcines, PA

706 S. Dixie Highway Second Floor

Coral Gables, FL  33146

Tel: 305 | 669 | 5280

TRUST  |   COMMITMENT  | RESULTS

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