FIVE THINGS YOU SHOULD DO BEFORE PURCHASING REAL ESTATE

EXPERIENCED REAL ESTATE ATTORNEY

JACQUELINE A. SALCINES, ESQ.

Hand with a house key. So, you decided to purchase a home or use the money you saved up to invest in real estate.  Daunting task to say the least.  Scarry the thought of losing your hard earned money on a bad investment or because you didn’t know what you were doing. That’s where we come in.  A Real Estate Attorney. We make it easy.

Sure you hire a realtor to help locate a house and put an offer together but when it comes down to it, specially after the foreclosure era with so many property titles tarnished by bad foreclosure lawsuits, who can protect you more than a real estate attorney.  So, here is our list of the five things you should do before purchasing real estate.

 

  1. HIRE THE RIGHT KNOWLEDGEABLE REALTOR.  The right realtor will have experience with the real estate market and will locate the right house for your based on the parameters you need.
  2. HIRE A REAL ESTATE ATTORNEY.  Hiring an attorney before you sign the real estate contract will be your best protection to solidify your purchase and make sure you are protected until the end, and your money is protected.
  3. IF FINANCING, GET A PRE-APPROVAL LETTER. Nothing is sadder then getting your heart set on a house and finding out afterwards that you don’t qualify.  Visit a mortgage broker or banker before you put in an offer so your dreams don’t fall apart and you look only for what you can afford.
  4. KEEP YOUR EMOTIONS OUT OF IT.  While certainly buying a house is an emotional journey, Sellers pick up on this.  Often we turn a blind eye to larger problems down the road, or can negotiate prices better, if your emotions dont get the better of you.  Let your realtor and attorney drive the offer, not your emotions.
  5. GET AN INSPECTION.  Whether the property looks great or you think that you can make minor repairs on your own, or even if an REO, get an inspection. Know what you are getting into before you commit.  Often we think a minor issue is easy to fix and it turns out to be a major cost outlay that was not bargained for.  Or worse, could jeopardize the value of the home.

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
 
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Escrow Deposit Disputes

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Escrow Deposit Disputes

House and law

Jacqueline A. Salcines, PA is a South Florida based law firm experienced in handling escrow deposit disputes. Its business attorneys and real estate lawyers have provided guidance and legal advice to clients in the Miami Dade,  Broward, Palm Beach and Monroe County areas that have been essential to the resolution of numerous escrow disputes.

An escrow dispute arises when a buyer, who has placed a deposit on a real estate contract, demands the return of their deposit after either the seller breaches, or they do.  Anytime a real estate sales contract fails to close, a dispute as to who is the rightful owner of the deposit can arise.  While often the buyer cancels on time and entitled to the return of the deposit, often the seller is not agreeable.  The title company must then hold the escrow funds in “Trust” until the parties resolve their disputes.  Often time, a resolution out of court can not be obtained, and the parties must litigate in court for the Judge to determine who is the rightful owner of the escrow deposit.

For individuals and business entities in the South Florida area, Jacqueline A. Salcines, PA is the firm for you. With the necessary skill and knowledge of the law and  a personalized approach to every client, we are here to help.   We listen, understand, and take action based on our client’s needs.

What Florida Law Says About Escrow Deposit Disputes

The Florida Statues and Administrative Rules provide procedures on how disputes should be handled. Meanwhile, the Florida Real Estate Commission (FREC) dictates the action of brokers with regards to escrow disputes.

Florida Statute requires the broker to return the escrow at the time dictated by the law. But if he or she doubts if the recipient is entitled to it, the broker should immediately notify the FREC. He or she is then given thirty business days to begin settlement procedures that will determine who the escrow deposit shall be released to.

Doing this without legal counsel is not only daunting; it puts a dent on an individual or company’s

Contact the Law Offices of Jacqueline A. Salcines, PA if you are facing any type of escrow dispute.  We are a phone call away.

Offices located in Coral Gables

Salcines064

Tel:  305 669 5280

Fax: 305 669 5283

Email: J.Salcines@Salcineslaw.com

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DYCK O’NEAL LAWSUITS ON THE RISE

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SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS

PROTECTING YOUR INTERESTS WITH DYCK O’NEAL

Recent months have experienced an avalanche of Dyck O’Neal suits.  Whether for deficiency balances after short sales or foreclosure auctions, or whether collecting on a foreclosure judgment, borrowers are worried when receiving these lawsuits.  What you need to know is that as a borrower, YOU  have rights.  On July 1, 2013, the Florida legislature passed the Fair Foreclosure Act  (HR87) which limited the time period for which the judgment creditor could sue from 5 years to 1 year.

For judgments entered prior to the enactment of the new law, the deadline for filing a deficiency suit was July 1, 2014.

If you are receiving letters, calls or have been served with a lawsuit by Dyck O’Neal, call us immediately.  The faster you act, the easier it is to assist you.  At the Law Offices of Jacqueline A. Salcines, PA, we are here to defend and protect your rights!

Jacqueline A. Salcines, Esq., the firm’s lead attorney brings extensive knowledge and expertise with these deficiency collection matters and lawsuits, particularly with Dyck O’Neal, as well as 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

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FLORIDA REAL ESTATE AND BUSINESS LAW

20130201-182045.jpg We pride ourselves on being quick, tenacious and cost-effective problem solvers. We understand the value of your investments, the complexity of your legal matters and the importance of results. We listen to our clients’ goals, guiding them every step of the way. We do not advise clients or develop legal strategies in a vacuum. We take the time to understand your business and measure our success by achieving your objective. For each matter, whether it involves litigation, real estate, or business, we are our client’s champions.

Who We Represent

At the Law Offices of Jacqueline Salcines, P.A., we are a full service law firm offering first-class legal services to businesses and individuals throughout South Florida. We represent individuals, business owners, lenders, foreigners, homeowners, property managers,  landlords, buyers, sellers, and homeowners going through financials crisis.

Without our 30 plus years of legal experience, we have extensive knowledge of the law, and legal tools and knowhow for negotiating deals, positioning our clients in the best possible manner, in order to obtain the best results.  Having worked in the South Florida community for so many years, we have positioned ourselves to act as legal advocates for our clients, to help resolve their disputes, achieve their objectives and gain them a competitive advantage.

We handle all types of real estate litigation  and commercial litigation including but not limited to

 

  • Contract Disputes
  • Commercial Landlord/Tenant Litigation
  • Escrow Deposit Disputes
  • Property Insurance Claims
  • Quiet Title Litigation
  • Premises Liability Law
  • Construction Defect Disputes
  • Partition / Division of Real Property
  • Procuring Cause / Broker Disputes
  • Representation of HOA’s, Property Managers, and Receivers
  • Principal /Agent Fiduciary Disputes
  • Eminent Domain / Quick Take Proceedings
  • Non-Compete Agreements and Enforcement
  • Bid Protests and Public Procurement

On Commercial Real Estate Matters

  • Buyer and Seller Representation
  • Closings – Local, Mail Away and International
  • Title work
  • Lender Representation
  • Reviewing, drafting and negotiating leases and contracts
  • Assisting investors and purchasers in Due Diligence
  • Commercial Code Enforcement
  • Lien Mitigation

When The Need To Go To Court Arises

We have skilled litigation attorneys who win the tough cases when favorable negotiated resolutions can’t be reached. Whether you are involved in a complex contractual dispute, are seeking the return of an earnest money deposit, are pursuing an insurance claim, or need assistance with commercial landlord/tenant matters, we are your real estate and business law firm.

Our lawyers hold dual degrees in both Law and Accounting in order to better serve our clientele. Moreover with real estate licenses and over 20 plus years experience in the legal field, we hold extensive knowledge in real estate matters and litigation.

Contact us today for a free consultation.

 

 

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COMMERCIAL REAL ESTATE CLOSINGS

YOUR COMMERCIAL REAL ESTATE LAWYER

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

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

At the Law Offices of Jacqueline A. Salcines, P.A., our commercial real estate lawyers possess decades of combined experience in negotiating, structuring, and implementing all facets of real property developments, acquisitions and dispositions.  With our  offices based in Miami, our law firm  represents real estate investors,  property owners, corporate entities, foreign investors, private lenders, and others looking to acquire and sell commercial property throughout Florida.

Our commercial real estate lawyers, possessing dual degrees in law and accounting, as well as realtor licenses,  have extensive experience and knowledge  when evaluating whether or not to buy, sell, or invest in commercial real estate projects. We have represented clients in real estate deals for over 20 years combined.

“Whether they seek advice at the start of the project, or have reached a glitch in the midst of it, and need legal advice and counsel, we are here.  No matter how small or large the problem, we work closely with all parties to get it resolved and get the deal done.” says Jacqueline A. Salcines, Esq.

Our commercial real estate services include:

  • Consulting
  • Drafting & Review of Purchase and Sale Agreements
  • Leasing
  • Title Review
  • Closings
  • Compliance and Due Diligence
  • Representation during Closings including review of Sales Contract, Title, Liens, Escrow, Easements, and other title related Encumbrances
  • Creation and Representation of Commercial Condominium Associations
  • Office Space, Retail Space, Industrial Warehouse Space and Other Commercial Leasing Agreements
  • Acquisition and Mortgage Financing
  • Restructuring of Real Estate Loans
  • Ground Leases
  • Commercial Property Foreclosures
  • Troubled/Distressed Assets
  • Landlord/Tenant evictions

Whatever your commercial real estate needs are in Florida, contact the Law Offices of Jacqueline A. Salcines, PA for a free consultation with experienced commercial real estate lawyers at 305.669.5280

TRUST  |   COMMITMENT  |  RESULTS

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RESIDENTIAL AND COMMERCIAL CLOSINGS

Salcines064 Nothing quite compares to owning your own home or investing in real estate.  In fact, for many, this is the single most expensive investment made in their lifetime.  And Miami’s residential and commercial real estate markets have certainly experienced an incredible turn around and appreciation from just 4 to 5 years back.  And  yet, with real estate being one of the most ways to obtain a high return on investment, not all have the financial capacity to buy real estate for cash.

Many homebuyers turn to banks, private lenders and financial institutions for their residential and commercial loans. This can result in a long and complicated paper shuffling ordeal, with complicated financial information being requested and worse, having to provide an avalanche of documents to a lender to get approved for a loan.  The result is loss of patience and often deals fall through or interest rate locks get lost.

Far worse is the idea that many borrowers take on these tasks alone.  They have no idea what they are signing, what documents the lender is requesting and whether they are required to sign and comply.  While there is absolutely no obligation in Florida to hire an attorney when obtaining a loan or buying or selling real estate, by engaging a  real estate lawyer you can ensure that you have someone in your corner, a fiduciary, working for your best interests.

The Value of Hiring a Real Estate Attorney for a Loan Closing

Residential Loans Hand with a house key.

The procedure for closing a residential loan varies from lender to lender.  Most lenders will require first and foremost a credit report, financial data such as employment and banking information and an appraisal of the property.   By retaining an experienced real estate attorney to represent you from the very beginning of the closing process, you can ensure that you are purchasing a property which is free and clear of title defects and satisfies your investment objective.

You should prepare for your closing by consulting with your real estate lawyer to help you review all your closing documents to be sure everything is in order. Some of the primary closing documents are as follows:

  • The Mortgage Note
  • The Mortgage
  • The Closing Disclosure or Settlement Statement, commonly referred to as the HUD

Throughout the closing process your real estate attorney will review all the documents and explain each closing document to you before you sign them. And, if you have any questions, your attorney will answer them.

Commercial Loans

Commercial loans, though a bit more paper intensive, operate much the same way as the residential loans.  Financial information is sought, credit is checked and then an appraisal is requested.  Often, lenders will require that a company buyer be in business for a certain number of years and will require a personal guarantee if the borrower is a business entity.

Here are some of the requirements that you may need.

  • Operating Statements for the past 3 years reflecting income and expenses of operations
  • Copies of all Leases;
  • Rent Roll;
  • Tenant Estoppels signed by each tenant;
  • A lender’s title insurance policy with required endorsements;
  • A current Plat or Survey
  • A satisfactory Environmental Site Evaluation Report (Phase I Audit) and, if appropriate under the circumstances, a Phase 2 Audit, to demonstrate the property is not burdened with any recognized environmental defect; and
  • Site Improvements Inspection Report.

Jacqueline A. Salcines, PA office_outside-med

At the Law Offices of Jacqueline A. Salcines, PA, our real estate lawyers help business owners, individuals, buyers, sellers, tenants, landlords, and investors. We provide sound business advice to people and businesses looking to invest in real estate, real estate development, property management, lending, and property ownership.  Our law firm represents individuals and businesses in South Florida, throughout Miami-Dade, Broward, Monroe and Palm Beach Counties in real estate matters.

Call us today for a free consultation.

We are always a phone call away.  Tel. 305.669.5280

Or email us with your questions.  J.Salcines@Salcineslaw.com

TRUST  |   COMMITMENT  |  RESULTS

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NEW FLORIDA BUILDING LAWS EFFECTIVE JULY 1, 2016

Bills recently passed in Florida will take effect July 1st and are set to revise portions of the Florida Building Code.  The new bills regulate private-residence elevators and authorize officials to create fumigation rules.

SB 1602 creates rules for new elevators in private residences, saying they must:

  • Meet minimum distance requirements between the hoistway (elevator shaft) doors and the edge of the landing sill for swinging and sliding doors
  • Have doors or gates that can withstand a force of 75 pounds
  • Meet minimum distance requirements between the landing door and the car door or gate
  • Include a device that stops downward motion of the elevator car under certain circumstances

HB 535 makes a number of changes to Florida’s building code. The bill creates more than 30 changes to the building code, and Floridians who may be impacted are encouraged to read the full text. Some examples:

  • Employees of apartment communities with 100 or more units are exempt from contractor licensing requirements if making minor repairs to existing electric water heaters or existing electric heating, ventilation and air conditioning if they meet certain criteria and the repair parts cost less than $1,000
  • Allows some low-voltage landscape lighting to be installed by a non-licensed electrical contractor
  • Confirms that a specific type of pool alarm meets the safety requirements for residential pools – a type of alarm that’s placed in the pool and makes a sound when it detects an accidental or unauthorized entrance into the water
  • Requires a contractor and alarm system monitoring company to tell a property owner about any obligations to register their alarm system, if applicable
  • Exempts Wi-Fi smoke alarms and those that contain multiple sensors, such as those combined with carbon monoxide alarms, from a 10-year, non-removable, non-replaceable battery provision
  • Requires the Florida Building Code to mandate two fire service access elevators in all buildings above a certain height

HB 1205 could lead to changes in Florida fumigation procedures. However, the bill itself only empowers the Department of Agriculture and Consumer Services to adopt safety procedures for residential structures before reoccupation. While the law is effective July 1, it will have no impact on fumigation rules unless the department acts on it.

Attributed to: 2016 Florida Realtors

 

 

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OPTIONS ARE AVAILABLE IF YOU ARE NOT ABLE TO MAKE ANY FURTHER PAYMENT ON YOUR HELOC MORTGAGE

Loan Modification Green Road Sign with dramatic clouds and sky. If your amortizing HELOC which originated right before the bubble burst, has now shot up to a higher than manageable interest rate, you have options.  A HELOC, or Home Equity Line of Credit are loans that are given against the property, or mortgage, which allow homeowners to cash out or obtain cash from the bank.  HELOC’s were very popular during the real estate boom in South Florida, as property values shot up, providing for significant equity in the home.  Lenders asked very few questions when giving these lines of credits, often not even verifying employment, and often soliciting the borrowers themselves.

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.

If the home is upside down with the balance of the first mortgage, then we may be able to successfully settle the second and have it removed from the property.  Or, in the alternative, modifications can be made with respect to the HELOC’

At the Law Offices of Jacqueline Salcines, PA, 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

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DEFICIENCY LAW SUITS AFTER FORECLOSURE – WHAT CAN THE BANK LEGALLY COLLECT

SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS

PROTECTING YOUR INTERESTS AFTER A FORECLOSURE SALE

Unlike many states, in Florida if you are sued for a deficiency balance (the difference between what your home sold for in foreclosure auction or short sale versus what the final judgment amount stated you owed) borrowers and homeowners have rights.   The fact that a foreclosure or short sale ended with a judgment against you, does not necessarily mean you are personally liable for the debt.  On July 1, 2013, the Florida legislature passed HB 87 which limits the amounts the bank can collect against the homeowner as well as places strict time limits for the bank to bring a lawsuit.

Under HB 87, the bank has one year, if the foreclosure sale took place after July 1, 2013, to file a suit against you.  If the sale took place before the law was passed, then the deadline was July 1, 2014.

However, not ALL deficiency suits fall under this umbrella. The balance or  deficiency has to be  a result of a foreclosure auction OR short sale.

If served with a suit, or receiving collection notices, then you need to act quickly.  By hiring an attorney, we can defend the action and contest the lenders valuation.  If defenses are filed on behalf of the homeowner, then the court will determine if the bank has provided sufficient evidence of value and can move the case forward.

If worst case scenario the debt is valid, then it can still be negotiated, often for pennies on the dollar, and dismissed.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise with these deficiency collection matters and lawsuits, particularly with Dyck O’Neal, as well as 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@SALCINESLAW.COM

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PROTECTING THE LANDLORD IN TENANT DISPUTES IN FLORIDA.

EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

Day after day, I receive calls from frustrated Landlords whose tenants have stopped paying rent because the air conditioner is broken or  because the landlord has failed to correct something.  Many tenants take the law into their hands and without collection of rent, the landlords are in position of defaulting on mortgages and loans.   While the terms of the Residential lease will more than likely control the manner of notice and what obligations the landlord and tenant have with respect to these issues that arise, often landlords perform self-help evictions, cut electrical power, or water, or do something that damages their chances of succeeding in removing the nonpaying tenant or filing a suit in court.

In addition to any obligations called for in a lease, typically, landlord obligations under Florida statute include

  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

Any violation of the above requires notice to the Landlord if landlord breach, or tenant if tenant breach.

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
 
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