Fallen behind on your mortgage? Facing imminent default? At the Law Offices of Jacqueline Salcines, P.A., we are here to help. We are your team of Foreclosure defense and Short Sale attorneys here to defend the rights of homeowners facing foreclosure.
As Miami short sale attorneys, we are experienced in every aspect of the short sale, work all files in house, and get the results you need in order to walk away gracefully.
With over 20 years combined experience in the real estate, mortgage and foreclosure field, we know short sales. We fight for homeowners rights. We know which lenders participate in short sale programs, HAFA, and other internal short sales, and know what the homeowners are entitled to from your lender.
In a successful short sale, your lender will:
Negotiate your short sale promptly
Allow you to live in your home until the closing
Approve the short sale with 45 days to close
Approve a complete deficiency wavier
Approve a relocation assistance of up to $10,000 to the homeowner if lender participates in HAFA.
When you hire the Law Offices of Jacqueline Salcines, P.A. to process your short sales, our teams of lawyer/accountants are experienced in negotiating the terms of your short sale, in preparing your financial forms for approval, in providing accurate advice regarding the short sale as well as any 1099-C consequences.
The Mortgage Debt Relief Act of 2007, which was extended through December 31, 2014, is predicted to be extended again through 2015. If extended, any 1099-C principal forgiveness, is not taxable. Therefore, you can short sale, not make mortgage payments, and even walk away with up to $10,000.00 from your lender.
In a short sale, your lender pays all your closing costs, so you are not required to come to the table with any monies. And can continue to live in the property up through the date of closing. The lender will even pay up to 12 months of the HOA dues resulting in additional savings to you if approved.
When you hire the Law Offices of Jacqueline Salcines, P.A. to process your short sale, you get the experience and knowledge of attorneys at your fingertips. Not support staff. Not paralegals. But you get to sit with actual attorneys that know the ins and outs of short sales and foreclosure law. With proper representation in a short sale, a homeowner may be able to avoid a summary judgment, a foreclosure sale and the loss of their home.
As your Miami short sale attorney, we go to work for you. A proper and good Miami short sale has the following benefits:
You can continue to live in your home during the pendency of your foreclosure case
You can avoid lender calls and letters of collection. All correspondence now goes through us.
You can continue to rent to tenants and collect any rental payments during the foreclosure case
You can avoid a deficiency judgement on an underwater property
You can get a short sale approved with a waiver of deficiency
You can get the first lender to pay the second and settle the second mortgages for no monies from you
Avoid bankrutpcy
At the Law Offices of Jacqueline Salcines, PA you meet directly with attorney Salcines during the first consult and we discuss your short sale and the requirements at length. We have the knowledge and experience to thoroughly process your short sale.
In the State of Florida, if you lose your home, you may still be liable for the difference owed to the bank after the house sells at the foreclosure auction. This is called the “deficiency judgment” and if you do nothing to defense the foreclosure, and the judgment is entered, and the sale takes place, the lender can come back and sue you for that deficiency judgment. With an experienced SHORT SALE ATTORNEY on your side you can help prevent the entry of the deficiency judgement being filed against you and walk away gracefully.
Jacqueline Salcines has spent over fourteen years in the real estate legal industry and over 7 years successfully processing short sales and defending foreclosure actions in Miami, Broward, Monroe and Palm Beach. Our firm empowers homeowners with the knowledge, tools and experience necessary to obtain a great short sale result and fight their foreclosure. Our attorneys are ready to go to court for you and fight to stop your foreclosure.
Meet with our Miami Short Sale attorney team today.
It is no surprises that foreclosures have experienced a sharp decline in recent months, particularly in 2015, with so many borrowers either modified or property value increases now creating equity. The South Florida real estate market has no doubt improved drastically and homeowners are reaping the rewards of a steadily improving scenario for property values.
However, with the Making Home Affordable program reaching its 5 years mark and the deadline for HELOC loans set to expire, many lenders are unsure as to what the result will be with borrowers. Many borrowers may in fact begin to default on their loans, since the increase in the interest rate under the Making Home Affordable HAMP program is 5 years at 2.0 percent and increases to 3.0 percent in year 6.
At The Law Offices of Jacqueline Salcines, PA we are here to help with your mortgage needs. Whether your home is underwater, you can no longer afford your mortgage payment, or have suffered some type of financial hardship leaving you unable to make future payments, we can help.
At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants, holding dual degrees to successfully represent you and your interests.
Allow us to put our knowledge and experience to work for you.
If you are buying or selling real estate, call us today to see how we can help you.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12015-06-05 13:55:012022-12-20 13:59:10STATE OF FORECLOSURES IN FLORIDA
Tenants leasing a property in foreclosure are often unaware of legal proceedings and sometimes are only given 24-hour notice to vacate the property when a new third party purchaser takes title.
For the past five years, tenants of properties in foreclosure, have been protected under the “Protecting tenants at Foreclosure Act of 2009” which allowed them to remain in the property for at least 90 days after the Certificate of Title was issued. This law, however, expired in 2014 leaving many tenants in limbo.
Yesterday, Florida House Bill 779 became law allowing tenants to remain on the property at least 30 days following a notice to vacate. The tenants must have a bona fide contract to be able to remain on the property and must be given a notice by the new owner, with proper language before starting the eviction process.
The new languages must read:
NOTICE TO TENANT OF TERMINATION
You are hereby notified that your rental agreement is terminated on the date of delivery of this notice, that your occupancy is terminated 30 days following the date of delivery of this notice, and that I demand possession of the premises on ______. If you do not vacate the premises by this date, I will ask the court for an order allowing me to remove you and your belongings from the premises. You are obligated to pay rent during the 30-day period for any amount that might accrue during that period. Your rent must be delivered to ______________________________________.
The 30-day Notice to Tenant of Termination must be served on the tenant in the same manner as required under Florida Statutes §83.56(4).
Afterwards, the new owner can apply to the court for entry of a Writ of Possession so that the Sheriff removes the tenant and their belongings.
There are exceptions to this new rule however. Consult with an attorney to assist you.
At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants, holding dual degrees to successfully represent you and your interests in a landlord tenant matter.
Allow us to put our knowledge and experience to work for you.
If you are buying or selling real estate, call us today to see how we can help you.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12015-06-05 13:44:412022-12-20 13:59:10FLORIDA HOUSE BILL 779 – NEW LAW AFFECTING REO TENANTS IN FORECLOSURE
In an important Supreme Court decision last week, Justice Clarence Thomas and his Supreme Court colleagues ruled that underwater homeowners wishing to strip their second mortgages in a Chapter 7 bankruptcy would no longer be permitted to.
BACKGROUND
Under the bankrtuptcy code, the claims of secured creditors (mortgage lenders) are typically divided into two categories: SECURED claims that run up to the value of the property and UNSECURED which make up the rest
For example:
Property Value:. $400,000
Ist Mortgage $350,000
2nd Mortgage $100,000
The 1st Mortgage is secured through the full value of $350,000
The 2nd Mortgage is secured through the first $50,000.00 but the remaining $50,000 is unsecured, since the value of the collateral would already be superceded.
Before this Supreme Court ruling, the 2nd mortgage unsecured balance of $50,000.00 could be stripped or forgiven. However, now both Chapter 7 and Chapter 13 filers can not strip these liens.
The crux of the most recent decision is the Court’s 1992 ruling in Dewsnup v. Timm. In that case, the debtors wanted to reduce the lien on a second mortgage to the value of the land. The Court stated in its ruling that “it was no convinced that Congress intended to depart from pre-code rule that liens pass through bankruptcy unaffected.” So, instead of following typical treatment, it ruled under the old 1898 Bankruptcy code.
In Monday’s decision under Caulkett v. Bank of America, the Court declined to go back to the 1978 revised bankruptcy code and instead, the Supreme Court disagreed holding the Dewsnup applied across the board.
WHAT DOES THIS MEAN FOR HOMEOWNERS
Homeowners may continue to have a not so easy route out of the mortgage crisis. However, many second lien holders are willing to write-off large portions of the debt, almost always the entire UNSECURED portion by reaching a negotiation with the borrowers.
At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants, holding dual degrees to successfully negotiate your second liens and settle them for often pennies on the dollar.
Allow us to put our knowledge and experience to work for you.
If you are buying or selling real estate, call us today to see how we can help you.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12015-06-05 13:24:302022-12-20 13:59:10STRIPPING OFF A SECOND MORTGAGE – NO LONGER PERMITTED IN BANKRUPTCY
One of the greatest benefits of using a real estate attorney is that he or she has a legal and ethical obligations to work in your best interests. That means, answering all your questions, and including some important ones you may not even know of.
BUYING A HOME? Here are some important questions to ask?
Why do I need title insurance?
What are my income and gift tax consequences?
What do I need to know about property taxes, zoning or special assessments?
How will I handle any probate issues?
Is the property recorded legal accurate?
Is there an active or past foreclosure that affects title?
Are there any legalities preventing me from using the property for my intended use?
Are there any assessments?
Where do I file for homestead tax?
SELLING A HOME? Here are some important questions to ask?
What are my income, estate and gift tax consequences?
What is the status of my title?
Who will represent me at closing?
What is a seller disclosure?
What am I responsible for disclosing?
Am I at risk for a lawsuit if I don’t disclose defects known?
How do I respond to contract questions and addendums?
Who is responsible for paying the HOA assessments?
WHETHER you are buying or selling a home, the earliest you involve an attorney, the better. Since you will need to enter into a contract from the get go, only an attorney can provide sound legal advice as to any contract contingencies.
When hiring an attorney to handle your closing, you get informed of your rights, and counsel every step of the way.
Without an attorney by your side, you may face legal consequences before or after closing. You could be facing a breach of contract lawsuit or other type of lawsuit based on your lack of understanding of the contract and your obligations.
PEACE OF MIND
The choice is yours. You can either hire an attorney that is a title agent or a non-lawyer title agency to handle your title insurance and closing needs.
The cost of closing with an attorney is the same as a non-attorney agent.
However, expect to pay more when you use a title company as they have staff and other processors you have to pay for. As opposed to an attorney.
Ask for a free estimate of costs, or a pre-HUD when you select an attorney to represent you. There is no charge for this and you will get an accurate picture of what you need to pay at closing.
At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants, holding dual degrees to better serve you and your real estate needs. Allow us to put our knowledge and experience to work for you.
If you are buying or selling real estate, call us today to see how we can help you.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12015-06-05 12:59:422022-12-20 13:59:11REAL ESTATE AND TITLE SERVICES
In response to discouraging housing market data, Congress passed H.R. 5771 to give distressed short sale sellers retroactive tax relief. This law applies to both short sales and foreclosures completed in 2014. Retroactive and good for short sale and foreclosure cancelled debt through December 31, 2014, homeowners whose homes are their primary residence can reap the benefits of this law if their closing took place before December 31, 2014.
It is also expected with the newly seated Congress in 2015, that the deadline will be further extended through December 31, 2016, to match the extension of the Making Home Affordable Program, which was also extended through December 31, 2016.
If you are looking to short sale your home, the Law Offices of Jacqueline Salcines, P.A. has an entire Short Sale Department dedicated to the in house processing, negotiation and closing of short sales. We also provide foreclosure defense, foreclosure sale cancellations and full title services.
At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants title agents, holding dual degrees to better serve you and your real estate needs. Allow us to put our knowledge and experience to work for you.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
Your home is a valuable asset. For a majority of you, the most valuable asset you will ever own. Although many people are happy to inject their opinions when buying or selling, an attorney is the only one qualified to provide legal advice. And legal advice is what you need when buying or seller a home. The truth is, many things can go wrong, both before or during a closing. And… even beyond your closing.
With all that’s involved in buying a home, you don’t need additional headaches. Hiring an attorney to assist from the get go, ensures that any issues you face will be resolved prior to closing, and ensuring a smooth transaction.
TITLE INSURANCE
Not all title defects are part of public records. Many hidden defects may not even be found on a title search, no matter how thorough the examination. This is where title insurance comes in. Title insurance protects you against problems with the title that you didn’t know about when you bought the home. If a problem is discovered, your title insurer pays the costs to defend your ownership in court, to fix the problem or cover your financial loss if the defects can not be fixed.
DISCOVERABLE V. HIDDEN DEFECTS.
Examples of Discovered Defects:
Mortgages
Taxes
Judgments
Utility easements
Construction liens
Incorrect legal descriptions
Improperly probated will
Examples of Hidden Defects:
Forged deeds
Impersonation by another on a deed
Married seller spouse did not sign
Undisclosed heirs
Clerical errors
Deeds signed by minors
Confusion from similar names
PURCHASING TITLE INSURANCE
The time to purchase title insurance is when you purchase the home. A licensed attorney-agent, such as Jacqueline Salcines, Esq., is trained in the complexities of real estate law and can examine your title and issue the policy for the same as a non-attorney agent.
Only real estate attorneys can provide legal advice and are well trained to provide services that regular title agents can not.
The premium for title insurance is based on the purchase price. An attorney can provide a free quote.
WHO PAYS FOR TITLE INSURANCE
Depending on what county you reside in, or the contract, will determine who pays the premium. In many areas such as Broward and Palm Beach, it is customary for the seller to pay. In Miami-Dade, it is customary for the buyer to pay. But again, this can be changed by the Contract.
BUYING A HOME? Here are some important questions to ask?
Why do I need title insurance?
What are my income and gift tax consequences?
What do I need to know about property taxes, zoning or special assessments?
How will I handle any probate issues?
Is the property recorded legal accurate?
Is there an active or past foreclosure that affects title?
Are there any legalities preventing me from using the property for my intended use?
Are there any assessments?
Where do I file for homestead tax?
SELLING A HOME? Here are some important questions to ask?
What are my income, estate and gift tax consequences?
What is the status of my title?
Who will represent me at closing?
What is a seller disclosure?
What am I responsible for disclosing?
Am I at risk for a lawsuit if I don’t disclose defects known?
How do I respond to contract questions and addendums?
Who is responsible for paying the HOA assessments?
WHETHER you are buying or selling a home, the earliest you involve an attorney, the better. Since you will need to enter into a contract from the get go, only an attorney can provide sound legal advice as to any contract contingencies.
When hiring an attorney to handle your closing, you get informed of your rights, and counsel every step of the way.
Without an attorney by your side, you may face legal consequences before or after closing. You could be facing a breach of contract lawsuit or other type of lawsuit based on your lack of understanding of the contract and your obligations.
Ask for a free estimate of costs, or a pre-HUD when you select an attorney to represent you. There is no charge for this and you will get an accurate picture of what you need to pay at closing.
At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants title agents, holding dual degrees to better serve you and your real estate needs. Allow us to put our knowledge and experience to work for you.
If you are buying or selling real estate, call us today to see how we can help you.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
Your home is a valuable asset. For a majority of you, the most valuable asset you will ever own. Although many people are happy to inject their opinions when buying or selling, an attorney is the only one qualified to provide legal advice. And legal advice is what you need when buying or seller a home. The truth is, many things can go wrong, both before or during a closing. And… even beyond your closing.
Hiring an attorney to assist from the get go, ensures that any issues you face will be resolved prior to closing, and ensuring a smooth transaction.
ANSWERING ALL YOUR QUESTIONS
One of the greatest benefits of using an attorney is that he or she has a legal and ethical obligations to work in your best interests. That means, answering all your questions, and including some important ones you may not even know of.
BUYING A HOME? Here are some important questions to ask?
Why do I need title insurance?
What are my income and gift tax consequences?
What do I need to know about property taxes, zoning or special assessments?
How will I handle any probate issues?
Is the property recorded legal accurate?
Is there an active or past foreclosure that affects title?
Are there any legalities preventing me from using the property for my intended use?
Are there any assessments?
Where do I file for homestead tax?
SELLING A HOME? Here are some important questions to ask?
What are my income, estate and gift tax consequences?
What is the status of my title?
Who will represent me at closing?
What is a seller disclosure?
What am I responsible for disclosing?
Am I at risk for a lawsuit if I don’t disclose defects known?
How do I respond to contract questions and addendums?
Who is responsible for paying the HOA assessments?
WHETHER you are buying or selling a home, the earliest you involve an attorney, the better. Since you will need to enter into a contract from the get go, only an attorney can provide sound legal advice as to any contract contingencies.
When hiring an attorney to handle your closing, you get informed of your rights, and counsel every step of the way.
Without an attorney by your side, you may face legal consequences before or after closing. You could be facing a breach of contract lawsuit or other type of lawsuit based on your lack of understanding of the contract and your obligations.
PEACE OF MIND
The choice is yours. You can either hire an attorney that is a title agent or a non-lawyer title agency to handle your title insurance and closing needs.
The cost of closing with an attorney is the same as a non-attorney agent.
However, expect to pay more when you use a title company as they have staff and other processors you have to pay for. As opposed to an attorney.
Ask for a free estimate of costs, or a pre-HUD when you select an attorney to represent you. There is no charge for this and you will get an accurate picture of what you need to pay at closing.
At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants, holding dual degrees to better serve you and your real estate needs. Allow us to put our knowledge and experience to work for you.
If you are buying or selling real estate, call us today to see how we can help you.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
The practice of lenders charging more for products or excluding minorities within certain geographic areas has caught the interest of Officials for both the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ). Stern warnings have been issued to lenders who show signs of practicing in such prohibited acts damaging borrowers ability to obtain mortgage loans.
The DOJ has so far opened 25 fair lending investigations by the end of 2014 and 10 of those were done jointly with the CFPB” stated Steven Rosenbaum, the DOJ Chief of the Civil Rights Division of Housing and Civil Enforcement.
“In some cases of redlining, lenders literally drew a red line on a map around neighborhoods to which they did not want to lend, which gave this practice its name 9″redlining”).” Says Sam Gilford, a spokesman for the CFPB.
The CFPB acts in a supervisory capacity to make sure lenders are adhering to correct and ethical lending practices. If lenders are found to have violated principles of lending, they can be fined strict penalties.
Make sure if you are seeking a loan for a mortgage, that you hire the services of a real estate attorney to not only make sure your lenders practices are ethical, but to make sure that you are protected every step of the way.
The experienced real estate attorneys at Jacqueline Salcines, PA aggressively represent you in your mortgage and loan needs.
Call us today to see how we can help you.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12015-05-12 10:08:482022-12-20 13:59:11CFPB AND THE DOJ TAKE INTEREST IN PRACTICE OF LENDERS
In Florida, defending a foreclosure is not for the faint of heart. With all the banks committing illegal acts and predatory lending practices, it makes no sense for a homeowner to go it alone. For many South Florida families, their homestead is one of the biggest assets they will ever own. When that is jeopardized either because of a loss of a job, loss of income, a divorce, an unexpected medical condition, or other financial hardship, the prognosis can look bleak. However, by contacting the right Florida foreclosure defense lawyer, this can make all the difference.
Whether you want to attempt a loan modification under the Making Home Affordable Program, HAMP I, HAMP II, or the Unemployment Modification Program, or the Servicemen Program, we are knowledgeable in all aspects of the loan modification.
Perhaps you want to walk away gracefully in a short sale or deed in lieu. We have experienced attorneys that go to work for you to obtain a waiver of deficiency and can even get you $10,000.oo in short sale relocation assistance of up to $12,000.00 in cash for keys negotiations.
Don’t just walk away. By consulting with a knowledgeable attorney when you are first served with the foreclosure complaint, we are armed and go to work for you.
The experienced foreclosure attorneys at Jacqueline Salcines, PA aggressively defend foreclosures on the merits of your case, helping you remain in your home during the foreclosure process, giving you and your family the time and ability to begin rebuilding your finances.
Our loss mitigation, loan modification and short salelawyers and Florida mortgage defense attorneys will personally review your case and help you decide on the best course of action, including foreclosure defense, settlement of a second mortgage, loan modification, refinance, short-sale, or deed in lieu.
With the recent legislation fast-tracking foreclosure cases in Florida, a case can go from being filed to foreclosure auction sale in 6 months. Therefore, it is of most importance that you hire an attorney as soon as you are served. The banks have lawyers assisting them, and so should you. It is extremely important that you consult with an experienced attorney immediately in order to better protect you, your family and your home from the bank. Time is of the essence. There are options to foreclosure. You don’t have to lose your home.
You can fight to save your home from foreclosure and the attorneys at Jacqueline Salcines P.A. can be your first line of defense. Call us now at our main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12015-05-11 10:21:202022-12-20 13:59:11DEFENDING A FORECLOSURE IN FLORIDA