SETTLEMENT OF A HOME EQUITY LINE OF CREDIT (HELOC)

 

SOUTH FLORIDA MORTGAGE AND DEBT SETTLEMENT LAWYERS

MORTGAGE DEBT SETTLEMENT IN FLORIDA

Many homeowners who have lines of credit or HELOC’s on their homes, in a second position after their first mortgage, are now in a position to settle the debt.  With so many properties still under water, that is, the mortgage balance owed on the first mortgage is greater then the value of the property, many lenders who hold lines of credits are more than willing to settle the amounts owed on the mortgage with the borrowers.

In order to have a successful negotiation and settlement wherein the result is the complete forgiveness of the debt owed on the line of credit, it is crucial to following certain steps in order to have the mortgage lender agree to accept a short payoff.

After years of  negotiating these line of credit mortgages for our clients, we are well versed in first obtaining a CMA or Comparative Market Analysis, crafting a correct hardship letter and sending the lender the documents they required.

This settlement is not a loan modification nor does it require the production of mountains and mountains of financial documents to the lender.

There is no required Request for Mortgage Assistance (RMA) nor loan modification applications required either.

Rather, we start with a demand and proposal letter and provide the documents we know the lender will request.  And from there, the negotiation often is resolved within 30 days.  Our extensive experience working with mortgage lenders  and borrowers places us in a position to extensively negotiate for you. So that you end up paying only a small portion of the debt.

Allow us to go to work for you and negotiate your Home Equity Line of Credit 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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DEBT SETTLEMENT IN FLORIDA

SOUTH FLORIDA DEBT SETTLEMENT LAWYERS

DEBT SETTLEMENT IN FLORIDA

Many borrowers when faced with unpaid credit card debt, mortgage debt, debt from second mortgages or home equity lines of credit, think that there is no alternative except to file for bankruptcy.  The filing of a bankruptcy can be very costly however, and the  negative effects on a borrowers credit can take years and years to undo.

Faced with insurmountable credit card debt, or unsecured debt from other creditors, often borrowers find themselves without options.

What many debtors do not know is that all debt is negotiable and can be settled.  Creditors often do not want to file lawsuits and are open to negotiating the amounts owed, for 30, 20 even 10 percent of the loan balance, and forgiving the remainder.

That means a borrower finding themselves in a position without options to pay off high balances does not have to file a bankruptcy. Rather, we can attack each debt on a case by case basis, approach each creditor with an outline of the hardship and reasons for falling behind and work out a settlement of the balance, without ending up in court.

A lawsuit to collect unpaid credit card balances can be scary. However, by hiring a knowledgeable attorney who is well versed in these credit card lawsuits, we are able to many times have the debt completely erased or written off, or often negotiated for pennies on the dollar.

At the Law Offices of Jacqueline A. Salcines, P.A., we have been assisting borrowers with their unpaid credit card debt and unsecured debt for over 16 years.  We know how overwhelming it can be to face an unknown, not knowing how you are going to pay your bills and afraid of what the creditor can do. You have rights and those rights are best protected when you hire us.

There are main differences however between what we do and what credit counselors do.

CREDIT COUNSELOR V. DEBT SETTLEMENT

A credit counselor adds up all your existing debt and negotiates the debt with each creditor so that the interest rate is typically reduced, the card is frozen or cancelled and no principal or balance forgiveness is made off that credit balance.

What we do is negotiate the debt.  Often if you are judgment proof and do not have assets that the creditor can attach to, they will negotiate for pennies on the dollar. Then we cancel the debt.  Not a 10 year plan, but forgiveness of the balance.

And if you are served with a lawsuit for an unpaid credit card debt, we defend you in court as well.   Often, creditors do not file the requisite documents and paperwork, nor post bonds to have their cases heard. But consumers do  not know how to go about getting these cases dismissed.  Our extensive experience working with creditors and borrowers places us in a position to extensively negotiate for you. So that you end up paying only a small portion of the debt.

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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CREDIT CARD COLLECTION LAWSUITS IN FLORIDA

SOUTH FLORIDA DEBT SETTLEMENT LAWYERS

DEBT SETTLEMENT IN FLORIDA

Many borrowers when faced with a credit card lawsuit for unpaid credit card debt believe that they have no defenses or ways out or around the debt. Quite the contrary.

Faced with insurmountable credit card debt, or unsecured debt from other creditors, often borrowers find themselves without options.

A lawsuit to collect unpaid credit card balances can be scary. However, by hiring a knowledgeable attorney who is well versed in these credit card lawsuits, we are able to many times have the debt completely erased or written off, or often negotiated for pennies on the dollar.

The first line of business is to make sure the creditor who is suing for the debt has the correct paperwork and has followed the provisions under the Fair Debt Collections Practices Act.  If they have not, they may face strict penalties or the dismissal of their suit.

At the Law Offices of Jacqueline A. Salcines, P.A., we have been assisting borrowers with their unpaid credit card debt and unsecured debt for over 16 years.  We know how overwhelming it can be to face an unknown, not knowing how you are going to pay your bills and afraid of what the creditor can do. You have rights and those rights are best protected when you hire us.

There are main differences however between what we do and what credit counselors do.

CREDIT COUNSELOR V. DEBT SETTLEMENT

A credit counselor adds up all your existing debt and negotiates the debt with each creditor so that the interest rate is typically reduced, the card is frozen or cancelled and no principal or balance forgiveness is made off that credit balance.

What we do is negotiate the debt.  Often if you are judgment proof and do not have assets that the creditor can attach to, they will negotiate for pennies on the dollar. Then we cancel the debt.  Not a 10 year plan, but forgiveness of the balance.

And if you are served with a lawsuit for an unpaid credit card debt, we defend you in court as well.   Often, creditors do not file the requisite documents and paperwork, nor post bonds to have their cases heard. But consumers do  not know how to go about getting these cases dismissed.  Our extensive experience working with creditors and borrowers places us in a position to extensively negotiate for you. So that you end up paying only a small portion of the debt.

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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FLORIDA LANDLORD TENANT LAW – RETALIATORY EVICTION

EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

House and lawAll residential Landlord Tenant actions in Florida are governed by Florida Statutes Chapter §83.  When a tenant stops paying the rent, the landlord is required to follow Florida Statutes Chapter 83 which sets forth the steps for collecting rent:

1.  Three Day Notice

2.   Filing of a lawsuit in eviction

3.   Serving the tenant with the 5-day summons and complaint

4.  Waiting for the tenant to answer or obtaining a default

5.  Enlisting the services of the Sheriff to execute the Writ of Possession

 

Many landlords, however, take matters into their own hands and either turn off the electricity or the water, or fail to correct issues with respect to mold or asbestos.  This can prove costly for tenants in the eyes of the court.

Florida does not permit self help eviction, or the forcing of tenants out because landlords have disconnected water or electricity.  In fact, the landlord can face severe sanctions by the court for doing so.

A landlord tenant eviction is quick, when handled correctly. By hiring an attorney to do it from the inception of the proper Three Day Notice to the filing of the eviction lawsuit, landlord tenant actions get done quickly and correctly the first time around. A tenant can be removed in as little as two weeks.

 

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing real estate and litigation attorney for the past 16 years.  She is well versed in Landlord Tenant law and has given many pro-bono lectures and seminars on the topic, including  for legal aid.  Allow us to protect your interests, whether you are a landlord or a tenant.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

Email attorney Jacqueline Salcines directly at J.Salcines@salcineslaw.com

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

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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FLORIDA LANDLORD TENANT LAW – DEFECTIVE THREE DAY NOTICE

EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

House and lawAll residential Landlord Tenant actions in Florida are governed by Florida Statutes Chapter §83.  When a tenant stops paying the rent, the landlord is required to serve a proper Three Day Notice on the tenant.  Service means it is to be posted on the door or hand delivered with proof of same.  (A picture of the posted notice on the door is acceptable by Judges).  The language and time frames of the three day notice are very strict however under Fla. Statutes §83.56.  The residential eviction “Three Day Notice” must specifically set forth the rent due and for what periods, must contain the address of the property, must calculate the exact days when the rent is due (excluding Saturday, Sundays and Legal Holidays) and can not include any additional fees not permitted in the residential lease (i.e. late fees).

For residential landlord tenant eviction actions, the Three Day Notice is a requirement prior to the filing of the eviction suit. However, many landlords do not contract the services of an attorney and instead prepare it themselves. Then when the tenant fails to answer and they file the lawsuit, the very first thing the tenant’s attorney pokes holes in is the Defective Three Day Notice. Whether the days were calculated incorrectly or the address was missing, or amounts miscalculated, often a residential landlord tenant eviction action will be dismissed by the Judge because of the defective three day notice.

Due to the complexity of Florida Statutes and how very costly a defective three day notice can be for the landlord,  it is best to hire an attorney to handle an eviction for you.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing real estate and litigation attorney for the past 16 years.  She is well versed in Landlord Tenant law and has given many pro-bono lectures and seminars on the topic, including  for legal aid.  Allow us to protect your interests, whether you are a landlord or a tenant.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

Email attorney Jacqueline Salcines directly at J.Salcines@salcineslaw.com

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

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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FLORIDA LANDLORD TENANT LAW – RETURN OF SECURITY DEPOSIT

EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

House and lawAll residential Landlord Tenant actions in Florida are governed by Florida Statutes Chapter §83.    All landlords who collect a “security deposit” from the tenant are required to maintain that security deposit in a separate, non comingled account for the benefit of the tenant.  Florida Statutes does not permit a landlord to use the security deposit for the payment of any rent or late fees, or any default under the residential lease. However, landlord and tenant can opt out of the Florida Statutes and agree to allow the landlord to use the monies if the tenant breaches or breaks any terms of the lease.

Upon expiration of the lease, the rules that govern the return of the security deposit are extremely strict. The landlord has exactly 15 days from the date the tenant vacates the property, to remit a letter setting forth any amounts the landlord is going to retain from the security deposit.

The terms of the lease will again dictate what the landlord can charge. For example, cleaning, painting, etc.  As long as the landlord sends the letter in writing to the last known address of the tenant, he or she can keep the deposit or a portion thereof.

If the intention is to not keep it, then the landlord has a designated time to return it as well.

Usually this provision of Florida Statutes is not understood or even known by landlords and when tenants sue for the return of the deposit, because the landlord did not follow the letter of the law, regardless of whatever damages there are, he or she can not keep the deposit. 

Due to the complexity of Florida Statutes Chapter §83,  and how very costly the keeping or using of a security deposit contrary to law can be, it is best to hire an attorney to handle an eviction for you.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing real estate and litigation attorney for the past 16 years.  She is well versed in Landlord Tenant law and has given many pro-bono lectures and seminars on the topic, including  for legal aid.  Allow us to protect your interests, whether you are a landlord or a tenant.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

Email attorney Jacqueline Salcines directly at J.Salcines@salcineslaw.com

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

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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FLORIDA PARTITION – DIVISION OF REAL PROPERTY

PARTITION LAWSUITS IN FLORIDA

ACTIONS TO DIVIDE REAL PROPERTY BETWEEN OWNERS

FLORIDA REAL ESTATE LAWYERS

When two more people own a single piece of property and they do not agree on how the property should be used, their disagreement is not just between them, but governed by Florida law.  Called partition actions, these are lawsuits filed by one title holder or property owner against the other, to have a judge decide as to how the property should be divided.

Because there is no way to literally cut the property in half, the Judge’s often either order the sale of the property, or order one party to keep it, while the other is bought out, or paid a price to walk away.

Partition actions are common between business owners, or between a widow or widower, who holds jointly with children of the late spouse who are not her or his own offspring.

Partition actions are a lawsuit and require often negotiation of difficult issues to resolve the matter amicably for all involved, as often they are family m members who merely can not see eye to eye as to what to do with an inherited piece of property.

While not all partition actions result in an equal division, for instance if one of the property owners spent money to improve the property, pay the mortgage, insurance, taxes or other amounts, the court may deem they require reimbursement or a larger percentage share.

Rather then rushing into a complex transaction such as this, have a real estate litigator review your options with you. Often times, when getting an experienced attorney involved,  the parties can resolve their differences out of court, avid costly litigation,  for the benefit of all involved.  This will insure that you are protected.

At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements of partition actions and represent  numerous plaintiffs and defendants in these actions. Let our team go to work for you and protect your interests.

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 Litigation Group. With over 17 years experience as a real estate lawyer in the business of real estate, including holding a dual degree in Accounting, her broad knowledge of real estate law and partition actions protects and serves the clients we represent. 

Call us today to set up an appointment 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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FLORIDA FORECLOSURE ALERT – BARTRAM CASE DECIDED

FLORIDA FORECLOSURE ATTORNEYS

FLORIDA REAL ESTATE LAWYERS

Finally, on November 3, 2016, the Bartram v. U.S. Bank, N.A. case was decided by the Florida Supreme Court.  The Bartram court decision was in favor of banks and against mortgage delinquent homeowners.   In Bartram, The Supreme Court ruled in favor of lenders in an almost unanimous decision about whether borrowers can stay in their homes.  The Bartram decision determined that mortgage lenders can file new foreclosures against borrowers who won their cases more than five years ago, if the borrower defaulted again within five years of the first case’s dismissal.  That is, if the case was dismissed on the merits, and the borrower has still not make a  payment, then the bank can foreclose again, even if five years has passed since that dismissal.

In the Bartram case, the homeowner argued that the banks were limited by the statute of limitations, which is five years.  The Supreme Court however, carved out an exception to the five year statute of limitations.  The Supreme Court ruled that if the borrower had not paid the mortgage in over five y ears, then the bank could still foreclose.

If you are a homeowner whose foreclosure was previously dismissed and the bank has not started a new foreclosure against you, or if your case is pending before the court, it is imperative that you speak to and hire an attorney to assist you.

This Bartram decision rules in favor of lenders, however, homeowners can still defend the foreclosures on numerous other grounds and if the intention is to save the home, find the manner to do so.

We are here to help.  At the Law Offices of Jacqueline A. Salcines, PA, attorney Jacqueline Salcines has been helping homeowners with their mortgage needs since 1999, and since the mortgage crisis happened in 2009, has handled over 5,000 short sales and loan modifications.  Attorney Salcines holds a dual degree in Law and Accounting, and is extremely knowledgeable in deciphering mortgage documents, assignments, mortgages, and defending foreclosures, as well as loan modifications, deeds in lieu and short sales.

Allow our experience to go to work for you.

Call us today.   305.669.5280 Or visit us as  http://WWW.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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SOUTH FLORIDA REAL ESTATE MARKET PRICES ON THE RISE

SOUTH FLORIDA REAL ESTATE MARKET PRICES ON THE RISE

FLORIDA REAL ESTATE LAWYERS

Florida’s real estate housing market experienced extreme growth in September.  September marked new listings, higher median prices, and fewer all-cash closed sales in September, according to the Florida Realtors.

“According to the National Association of Realtors, the national median sales price for existing single-family homes in August 2016 was $242,200.00, up 5.3 percent form the previous year.  Florida also experienced fewer short sales and few cash only sales, making this  year quite different from years before, where short sales and cash sales seemed to dominate the real estate market.”  Florida Realtors October 25, 2016.

Foreclosures are almost a thing of the past, since Florida is back to the mortgage default rates it was at in 2007, before the mortgage crisis.

Low interest rates, currently at 3.46 for a 30 year fixed mortgage, is also helping with the increased real estate market sales.  Buyers are able to obtain better rates, afford their mortgages, and close within 30 days.

At the Law Offices of Jacqueline A. Salcines, PA, attorney Jacqueline Salcines holds a dual degree in Law and Accounting, is a  realtor and has hosted many seminars and lectures on real estate and real estate law.

We have been representing buyers and seller for over 17 years, in their real estate transactions and providing title services.

Allow our experience to go to work for you

Call us today.   305.669.5280 Or visit us as  http://WWW.SALCINESLAW.COM

See why our business is built on referrals and for over 17 years, clients keep coming back and referring their family and friends. 

 

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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FLORIDA REAL ESTATE LAWYER – FREE LEGAL ADVICE

SOUTH FLORIDA REAL ESTATE LAWYER AND REAL ESTATE LITIGATION LAW FIRM

Jacqueline A. Salcines Whether you are buying or selling real estate in South Florida, you can not afford to go it alone.

The standard Florida AS IS Residential Contract for Sale and Purchase has very complex, and carries with it many legal terms and obligations, which if you are not familiar with what you are doing and do not have guidance of an attorney, you  may find yourself in hot water.

At the Law Offices of Jacqueline Salcines, PA, we have been assisting buyers and sellers with their real estate needs for over 17 years.  The first consultation is always free.  We can review your contract PRIOR to your signing it, to make sure everything you want, is in there.  We can make sure that you are fully apprised of all your rights and obligations before you sign the real estate contract.

Buyers and Sellers often rely on their realtors to advise them of real estate law, when sometimes they are not even familiar with it.

At the Law Offices of Jacqueline A. Salcines, PA, the attorney holds a dual degree in Law and Accounting, is a  realtor and has hosted many seminars and lectures on real estate and real estate law. Allow our experience to go to work for you

At the Law Offices of Jacqueline A. Salcines, PA we are here to help. With over 17 years experience handling landlord/tenant disputes, we are knowledgeable of the law, your rights and your remedies.

Call us today.   305.669.5280 Or visit us as  http://WWW.SALCINESLAW.COM

See why our business is built on referrals and for over 17 years, clients keep coming back and referring their family and friends. 

 

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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