EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

Anyone who rents a dwelling in Florida is covered under Florida Statutes Chapter 83.   Many tenants are not aware of their rights when renting, particularly with respect to the condition of the property and what the Landlord is required to do. The following is a short but non-inclusive list of landlord duties under the terms of a written or verbal lease in Miami Dade County:

LANDLORD OBLIGATIONS

  1. Roof must not leak;
  2. The walls must be water and weather tight;
  3. The stairs must be safe;
  4. Windows and doors must be weather tight and rodent proof;
  5. Outside doors must have proper locks;
  6. Windows can not have cracks or holes;
  7. Inside floors, ceilings and walls must be in good repair,
  8. Must have hot water;
  9. Must have working water and flushing toilet;
  10. Good working condition of heating and electrical

MUST ADVISE LANDLORD IN WRITING

Any violation of the above requires WRITTEN notice to the Landlord if landlord breach.

Many tenants feel that sending a text message or voicemail is ok as to meet the notice requirements.  However, under Fla. Statutes, landlords must be placed on written notice of the problem in order to allow them to correct it.  Thereafter, A landlord can not evict a tenant because the tenant is complaining of the property being in disrepair. This is called retaliatory eviction and is not tolerated by the courts.

A landlord can not cut off water or electrical to the tenant merely because they have stopped paying rent.

Evictions are expensive and time consuming.  And often, issues that arise can be resolved out of court.

However, if you require a letter or eviction filing, with over 16 years experience in real estate law and litigation, we are here to help.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines, as a real estate attorney for the past 16 years and holding a dual degree as an accountant,  we can protect your interests and your investment.

The first consultation is always free of charge.  Or email attorney Jacqueline Salcines directly your real estate question at J.Salcines@salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FLORIDA 33146
TEL: 305 | 669 | 5280
DIRECT EMAIL:  J.SALCINES@SALCINESLAW.COM
 

SURPLUS FUNDS COLLECTION

If your home sold in foreclosure and after the sale, there are funds left over, you may be entitled to collect those funds.  This is called SURPLUS FUNDS, that is, the winning bidder paid more than the amount of the judgment.  Pursuant to Florida Statutes, the homeowner and borrower is entitled to request the surplus funds which are paid to it by the Clerk of the Court.

There is certain eligibility requirements to make a motion for the surplus funds, including being the homeowner and others.  And the courts generally give it to the first person that makes a bid.  That means that the first person to file a motion and have it heard and granted by the Judge, will be the winning party.

At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements for filing a Motion for Surplus Funds and have represented hundreds of homeowners in foreclosure, including those vying for such funds.

Allow my team of attorneys and accountants to go to work for you to file a Motion for Surplus Funds on your behalf.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 15 years experience in the foreclosure, mortgage and real estate field as well as 20 in the accounting field. Ms. Salcines has been helping homeowners in foreclosure for over 10 years and is available by email to answer all your questions and concerns, without ever charging a consultation fee.

Call us today to set up an appointment to discuss your purchase or sale. We are here for you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS

PROTECTING YOUR INTERESTS WITH DYCK O’NEAL

Recent months have experienced an avalanche of less than savvy investors entering the foreclosure auction arena to try their luck on bidding on foreclosed properties.  Many of these novice investors believe that they are getting a great deal because they are acquiring properties worth thousands for very little. What they do not realize, is that they are bidding on Homeowner Association and Condominium Association foreclosure liens.  That is, that once they are the successful bidder and pay the fee to the county, the now own the property, often with a first mortgage and accompanying liens.

The Homeowner Association and Condominium Association foreclosure judgment and subsequent successful bid on the auction, does not wipe out first mortgages, second mortgages, or any liens on the property. It merely pays the association the maintenance and assessments the homeowners failed to pay.  And the new Certificate of Title holder is left with a property that they can only rent temporarily until the mortgage company forecloses or obtains a judgment and places at auction as well..

HIRE AN ATTORNEY TO RUN A LIEN SEARCH PRIOR TO BIDDING

There are many things investors can do to protect themselves prior to bidding. First and foremost, hire an attorney to run a title search and examination and provide an Owners and Encumbrance letter.  This typically costs between $150.00 to $200.00 and results in peace of mind.  Knowing whether bidding is smart or not.

IF YOU ALREADY BID, NOW WHAT

Even if you bid and were the successful bidder and now acquired the property without examining title, there is still Hope.  At the Law Offices of Jacqueline Salcines, PA we have helped hundreds of third party bidders negotiate the title back to the prior owner, and recuperate what they paid at the auction.   Or, in the alternative, you may be able to negotiate with the private lender or bank to settle the mortgage amounts and remove the mortgage from the title.

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

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

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

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

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146

TEL. 305 669 5280

DIRECT EMAIL: J.SALCINES

HELOC loans, or Home Equity Lines of Credit, are great loans for helping with closing costs at the time of purchase, or for helping pay for vehicles, or house repairs, or any emergency.  However, when the balance of your first mortgage exceeds the fair market value of your home, or the first and HELOC added together total more than your home is worth, HELOC’s become not so fun and endearing.  In fact, many homeowners want to knock themselves over the head for taking them out and now having to be stuck in an underwater property.

But, what many borrowers do not know if the hidden secret behind HELOC’s and the lenders who hold them.

At the beginning the HELOC’s have very low interest rates, or are interest only, causing only a $200 or $250.00 dent in the borrowers pocketbook. But as the amortizing HELOC’s now reach maturity or rate adjustments, homeowners are finding themselves unable to make the payments.

That’s where we come in.

ORDER AN APPRAISAL AND KNOW WHAT YOUR HOME IS WORTH

If the home is upside down, meaning you owe more than its worth (with both mortgages added together), the majority of lenders will not foreclose or even attempt collection efforts, since they know they are in second position of priority.   Therefore, the solution here is settlement.  Not modification.

At the Law Offices of Jacqueline Salcines, PA, we handle hundreds of these second HELOC mortgage negotiations and have experience in settling them. By first ordering the appraisal and a payoff of the first mortgage, we know how to approach the lender to make a case for 100% settlement and write off of the HELOC loan.  Often lenders have faulty assignments, have lost notes, and the debt is uncollectable merely because they don’t have the documents to pursue the foreclosure collection in court.   When these scenarios arise, the majority of the lenders will agree to this position and sign a Satisfaction of Mortgage and release of the lien.

SETTLEMENT OPTIONS

If not agreeable, then they may still settle for pennies on the dollar, again not a modification!  A loan settlement means that they may agree to accept $1,500.00 or $2,000.00 on a loan of $150,000.00 or $200,000 (10 percent to the total debt owed)  And the remainder is not paid in installments. Rather, it is completely erased and forgiven.  So the only remaining loan on the property is the first mortgage.

At the Law Offices of Jacqueline A. Salcines, PA, we have extensive, over 25 combined years experience in navigating through mortgage, real estate and debt settlement law to get the possible results for our clients.  HELOC loans can be troublesome.  But we can help you navigate through the maze of homeownership and HELOC’s.  Knowing  the type of loan settlement you can qualify for and whether the servicer participates is our job.

Allow us to put our knowledge and expertise to work for you.  The first consultation is always free of charge and can determine, after careful examination of the above details, provide options available to you.   Call today.

Salcines064

TRUST  |   COMMITMENT  |  RESULTS

LAW OFFICES OF JACQUELINE SALCINES, PA.

706 S. DIXIE HIGHWAY

SECOND FLOOR

CORAL GABLES, FL 33146

TEL: 305 669.5280

Direct email: J.Salcines@salcineslaw.com

SOUTH FLORIDA REAL ESTATE ATTORNEYS

BREACHES OF THE REAL ESTATE CONTRACT AND REMEDIES

Real Estate Breaches of Contract

Real estate disputes often arise because a party to the transaction has committed a breach of contract. A common dispute occurs when a buyer faces a seller who is wrongfully refusing to transfer title to the buyer or when either the buyer or seller has defaulted on a purchase agreement or other contract in connection to the real estate transaction. Unless otherwise limited by the legal document, there are three basic remedies available to the wronged party.

Money Damages

In Florida, a buyer who breaches a sales contract may be liable to the seller for monetary damages. This is usually calculated as the difference between the contracted price and the market value (minus any deposits or other monies the breaching buyer has already given to the seller). The seller may alternatively bring an action for specific performance (described below); however, specific performance is usually more effectively used by a wronged buyer than buy a wronged seller. The reason being that a breaching buyer will simply claim that he cannot financially satisfy a judicial decree requiring him to purchase the subject property.

Termination of the Contract

In some cases, the best remedy to seek is termination of the contract. This usually involves the buyer being refunded his or her deposit as well as expenses incurred during the failed transaction such as attorney fees, survey fees, title inspection fees and other costs of examination.

Specific Performance of the Contract

An action requesting specific performance involves a party asking the court to force the opposing party to perform their contractual obligations. A judge ruling that the seller MUST sell the house to the buyer is an example of specific performance being uses as a remedy.

Liquidated Damages

Parties to a contract may want to agree in advance as to the amount that will be owed by a breaching party. This amount will be set forth in the contract and will not be disputed if a breach occurs. However, in order for liquidated damages to be enforceable, they cannot act as a form of punishment against the breaching party. Additionally, liquidated damages will usually only be enforceable if it is determined that calculating actual damages for the particular breach at issue is difficult and the liquidated damages are reasonable under the circumstances. An example of liquidated damages can be found in a standard Residential Sales Contract which states that if the Buyer fails to perform his/her obligations under the contract, the seller is entitled to keep the deposit.

Have an Experienced Real Estate Attorney

It is important to have an experienced attorney, capable of formulating a winning strategy to handle your breach of contract case. Breach of contract cases are filled with obstacle. We will work side by side with you to compensate you due to the wrongdoing of a buyer or seller.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise in the field of real estate, contract law and  negotiating contracts and litigating disputes.   We are here to help iron out issues and move the transaction from conflict to resolution. We employ market knowledge, extensive litigation experience,  contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in drafting  contracts as well as negotiating them when they don’t go as planned, is what sets us apart.

With prompt intervention to resolve disputes amicably, without the need to litigate,  we are here to get sellers and buyers to the result anticipated when signing the contract.

Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 16  years.  She brings her knowledge and experience to every real estate contract transaction.  Let us go to work for  you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146

TEL. 305 669 5280

Over the past 16 YEARS, The Law Offices of Jacqueline A. Salcines, PA has represented first time home buyers and sophisticated home buyers purchasing multi-million dollar homes. Our unmatched experience stems from thousands of real estate transactions that we have been involved in over the past 16 years. We are capable of guiding buyers through the entire purchase process and keeping our clients away from real estate pitfalls in which the unguided are prone to fall. Our firm is known for its detailed attention to each and every client we represent. In representing buyers, our primary goal is to make sure that you are fully educated as to what you are acquiring. This goes beyond the face of the home listing. To be certain that your investment is sound, you need an experienced attorney who can fully inform you of any defects, legal encumbrances, liens and other issues the property may have that are not apparent to the untrained eye.

Representation of Buyers and Sellers without Realtors

Today with the internet and access to pertinent real estate information such as comparables, comprehensive online listings, market projections, market history, market tends and financing options at your fingertips, many buyers and sellers alike are forgoing the need to hire a licensed real estate agent or Realtor. Many buyers and sellers can no longer justify the commissions paid to real estate agents when the value of the services that agents provide are arguably heavily diminished due to the fact that buyers and sellers now have access to the same information to perform due diligence traditionally only attainable by Realtors.

Without a doubt, any party to a real estate transaction that does choose to pursue their real estate venture without a Realtor must understand that it is absolutely critical that they have a real estate attorney on their side. There are many legal questions that arise in any given real estate transaction that carry significant consequences if not addressed and understood. These legal questions may range from issues stemming from the Purchase Agreement to the legality of an additional room built in a home without appropriate permits. At The Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines takes great pride in representing empowered buyers and sellers that forego the services of a Realtor and we will work to make sure that your purchase or sale is conducted in a diligent manner.

As a buyer or seller utilizing our firm, you also have the added benefit of having attorney Jacqueline Salcines hold the dual title of Real Estate Attorney,, Accountant and Title Agent. At the Law Offices of Jacqueline A. Salcines, PA we will assist you with all your title and closing needs. We have extensive experience and knowledge to assist all of your real estate need.

Real Estate Agent/Buyer-Seller Disputes

The acquisition of real property is usually an individual’s or entity’s largest capital expenditure. The real estate agent and client may not always be on the same page due to the variety of variables contemplated by parties when undertaking a real estate transaction. The dynamics involved in such transactions often lead the parties of the relationship to believe that there is a complete meeting of the minds, when there really was only a partial mutual understanding or perhaps none at all. One reason that we witness this recurring theme is due to the expedited nature of buying real property. Broker/agents thrive on volume, sellers want to cash out quick and buyers want to close a deal and move forward. This is an inherent formula that equates to agent/buyer-seller disputes.

Jacqueline Salcines, Esq. is experienced and ready to pursue or defend Real Estate Agent-Broker/Client disputes concerning:

  • Unpaid Broker Disputes
  • Sales Commission Disputes
  • Breaches of Fiduciary Duty
  • Earnest Money Disputes
  • Broker/Agent Negligence
  • Appraiser Negligence
  • Real Estate Fraud
  • Undisclosed Defects

Call or email us today for a free Consultation.

Jacqueline A. Salcines

Jacqueline A. Salcines, Esq.

TRUST  |   INTEGRITY   |  RESULTS

Law Offices of Jacqueline Salcines, P.A.

706 S. Dixie Highway

Second Floor

Coral Gables, FLorida 33146

Tel:  305  669  5280

Email:  J.Salcines@Salcineslaw.com

 

SOUTH FLORIDA REAL ESTATE ATTORNEYS

PROTECTING YOUR INTERESTS IN A REAL ESTATE TRANSACTION

Property values and real estate sales in South Florida and across almost all parts of the country  are thriving.  However, with so few properties on the market, buyers are scrambling to still find deals, while sellers want the most bang for their buck.  Negotiating savvy deals has become a crucial part of the real estate transaction more than ever. And getting a Contract for Sale and Purchase is only the beginning of the equation.

Financing often falls through. Negotiations can reach an impasse.  Appraisals and inspections may not come out as anticipated and expected.   And the business deal may just not turn out as planned.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise in the field of negotiating contract and disputes.   We are here to help iron out issues and move the transaction from conflict to the closing table. We employ market knowledge, extensive litigation experience,  contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in drafting  contracts as well as negotiating them when they don’t go as planned, is what sets us apart.

With prompt intervention to resolve disputes amicably, without the need to litigate,  we are here to get sellers and buyers to the result anticipated when signing the contract.

We bring our 16 years of experience in the following areas:

Commercial and Residential Real Estate Closings

Home Refinance and Loan Settlement Services

Condominium Purchases and Sales

REO Purchases

FIRPTA Implications at Closing

1031 Tax-Deferred Exchanges

Drafting and Negotiating Purchase Contracts

Short Sales and Foreclosure Defense

Lease Agreement

Removal of Tenants for Closings

For more than 16 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.

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

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146

TEL. 305 669 5280

DIRECT EMAIL: J.SALCINES@SALCINESLAW.COM

 

MIAMI DADE TITLE AGENT AND MORTGAGE ATTORNEYS

The filing of a lis pendens on your property acts as a bar to selling or transferring the title to the property. In essence, it works to place everyone on notice that someone is making a claim of interest against your property.

Lis pendens can arise from the initiation of a mortgage foreclosure action, from a divorce.  A lis pendens can also arise from a quiet title action or a myriad of other actions in Florida.

Lis Pendens can be negotiated and released however.  It takes a savvy attorney to research why it was placed on the property’s title and to have it released.

At the Law Offices of Jacqueline A. Salcines, PA, we have been negotiating lis pendens  for over 16 years and have represented  hundreds of homeowners facing foreclosure or buying homes with lis pendens on them.

Allow my team of attorneys and accountants to go to work for you to negotiate this on your behalf.

Call us today to set up an appointment to discuss your purchase or sale. We are here for you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

SURPLUS FUNDS COLLECTION

MIAMI DADE FORECLOSURE ATTORNEYS

Homeowners in foreclosure who have lost their home in foreclosure either due to a bank foreclosure or homeowners or condominium association foreclosure, many not know of one tiny law that allows them to go back to court and obtain the surplus funds, or overage of funds left in the court after the property sellers at auction. This is called the surplus or funds surplus, and in most situations belongs to the borrower, when the winning bidder paid more than the amount of the judgment. Pursuant to Florida Statutes, and under strict circumstances, the homeowner is entitled to request the surplus funds which are paid to it by the Clerk of the Court.

Even if there is a mortgage on the property that is owed, and the homeowners association or condominium association are the ones that pursued the foreclosure, its a race to the hearing.

Recently, I had the pleasure of representing a homeowner that had both a first and second mortgage on the property, and the bank foreclosure of the first mortgage ended up with an over $160,000.00 surplus.  Despite there being a second mortgage, we filed the motion on behalf of the borrower, and were successful in winning the surplus as opposed to the 2nd mortgagee bank.

There is certain eligibility requirements to make a motion for the surplus funds, including being the homeowner and others.  And the courts generally give it to the first person that makes a bid.  That means that the first person to file a motion and have it heard and granted by the Judge, will be the winning party.

At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements for filing a Motion for Surplus Funds and have represented hundreds of homeowners in foreclosure, including those vying for such funds.

Allow my team of attorneys and accountants to go to work for you to file a Motion for Surplus Funds on your behalf.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 15 years experience in the foreclosure, mortgage and real estate field as well as 20 in the accounting field. Ms. Salcines has been helping homeowners in foreclosure for over 10 years and is available by email to answer all your questions and concerns, without ever charging a consultation fee.

Call us today to set up an appointment to discuss your purchase or sale. We are here for you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

SURPLUS FUNDS COLLECTION

MIAMI DADE FORECLOSURE ATTORNEYS

Many homeowners who lost their homes in foreclosure may not know they are entitled to any surplus funds  after the  foreclosure sale.  If your property sold in foreclosure, and the winning bidder paid more than the amount of the judgment, the result is a surplus of funds.  The homeowner, pursuant to Florida Statutes, is entitled to request the surplus funds which are paid to it by the Clerk of the Court.

There is certain eligibility requirements to make a motion for the surplus funds, including being the homeowner and others.  And the courts generally give it to the first person that makes a bid.  That means that the first person to file a motion and have it heard and granted by the Judge, will be the winning party.

At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements for filing a Motion for Surplus Funds and have represented hundreds of homeowners in foreclosure, including those vying for such funds.

Allow my team of attorneys and accountants to go to work for you to file a Motion for Surplus Funds on your behalf.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 15 years experience in the foreclosure, mortgage and real estate field as well as 20 in the accounting field. Ms. Salcines has been helping homeowners in foreclosure for over 10 years and is available by email to answer all your questions and concerns, without ever charging a consultation fee.

Call us today to set up an appointment to discuss your purchase or sale. We are here for you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280