EJECTMENT

,

SOUTH FLORIDA REAL ESTATE LAWYER

Florida has different types of actions in court that can be filed when someone is in your house and refuses to leave.

Eviction – When a property owner has someone residing in their property that is there lawfully, with permission either under a written or oral lease, and has either stopped paying rent, violated a term of the contract or their contract has expired, removing them is by Eviction.

Unlawful Detainer – When a property owner has someone residing in their property that is not there with permission and has never had permission.

Ejectment – When a property owner has someone living on the  property to which they have legal right and title and the individual will not leave voluntarily, the legal action is called an Ejectment. 

In all these cases, the owner is faced with making a decision as to how to remove the person or persons who will not leave voluntarily.

Florida law allows for a legal action know as an Ejectment to remove a non-paying person who is living in your home, but has no has no title or interest in the property, to be removed. Sometimes, this will be a relative, former girlfriend or boyfriend, or someone you allowed to stay short term but has outlived their welcome.

 Often times, this involves a person whom you have allowed to live in your home and who later refuses to leave when asked. Most commonly, this involves either a boyfriend or girlfriend, a family member or a friend who has been invited to stay in your home, who has for some reason become an unwelcome guest and refuses to leave when asked.

The filing of an ejectment lawsuit, unlike an eviction, does not require a three day notice but rather a 20-day summons.  Once  filed, the defendant(s) has/have 20 days to file a answer just as in most normal lawsuits. If no answer is filed within the required time period, a motion for default is filed and once entered by the court, a final judgment may be issued that orders the person to leave the home. If they do not leave voluntarily, a writ of possession will be issued to the sheriff to remove them.  If the person or persons do file an answer, a hearing will be required.  After the hearing, once the court has determined that there are no defenses as to why they should be allowed to remain in the property, the court will issue a final judgment and writ of possession for the person to leave or be removed.  If they do not leave voluntarily, the sheriff will remove them for you.

Recognizing that in many cases the person or persons who reside in your property and refuse to leave may have at one time been an invited guest, an ejectment proceeding can be very emotional and all consuming.  If you need to remove someone that is no longer wanted at your house, please contact our offices at 305 669 5280 to review your situation and assist in getting your unwanted guest(s) out of your property thereby returning you to the safety and peacefulness of your home.

Below is the full reading of the Statute on Ejectment.

Chapter 66, Florida Statutes- Ejectment, is the statute by which an unwanted guest or guests may be removed from your property.

The 2016 version of FS §66 is shown below in its entirety.

CHAPTER 66- EJECTMENT 66.011 Common law ejectment abolished. 66.021 Procedure. 66.031 Verdict and judgment. 66.041 Betterment, petition. 66.051 Betterment, answer. 66.061 Betterment, trial and verdict. 66.071 Betterment, judgment for plaintiff. 66.081 Betterment, judgment for defendant. 66.091 Betterment, payment by plaintiff. 66.101 Betterment, payment by defendant. 66.011 Common law ejectment abolished.—In ejectment it is not necessary to have any fictitious parties. Plaintiff may bring action directly against the party in possession or claiming adversely. History.—s. 1, ch. 999, 1859; RS 1511; GS 1966; RGS 3234; CGL 5040; s. 21, ch. 67 254. Note.—Former s. 70.01. 66.021 Procedure.— (1) LANDLORD NOT A DEFENDANT.—When it appears before trial that a defendant in ejectment is in possession as a tenant and that his or her landlord is not a party, the landlord shall be made a party before further proceeding unless otherwise ordered by the court. (2) DEFENSE MAY BE LIMITED.—A defendant in an action of ejectment may limit his or her defense to a part of the property mentioned in the complaint, describing such part with reasonable certainty. (3) WRIT OF POSSESSION; EXECUTION TO BE JOINT OR SEVERAL.—When plaintiff recovers in ejectment, he or she may have one writ for possession, damages and costs or, if the plaintiff elects, have separate writs for possession and damages. (4) CHAIN OF TITLE.—Plaintiff with his or her complaint and defendant with his or her answer shall serve a statement setting forth chronologically the chain of title on which he or she will rely at trial. If any part of the chain of title is recorded, the statement shall set forth the names of the grantors and the grantees and the book and page of the record thereof; if an unrecorded instrument is relied on, a copy shall be attached. The court may require the original to be submitted to the opposite party for inspection. If the party relies on a claim or right without color of title, the statement shall specify how and when the claim originated and the facts on which the claim is based. If defendant and plaintiff claim under a common source, the statement need not deraign title before the common source. (5) TESTING SUFFICIENCY.—If either party wants to test the legal sufficiency of any instrument or court proceeding in the chain of title of the opposite party, the party shall do so before trial by motion setting up his or her objections with a copy of the instrument or court proceedings attached. The motion shall be disposed of before trial. If either party determines that he or she will be unable to maintain his or her claim by reason of the order, that party may so state in the record and final judgment shall be entered for the opposite party. History.—s. 21, ch. 67 254; s. 348, ch. 95 147. 66.031 Verdict and judgment.— (1) VERDICT.—A verdict for plaintiff shall state the quantity of the estate of plaintiff, and describe the land by metes and bounds, lot number or other certain description. (2) JUDGMENT.—The judgment awarding possession shall state the quantity of the estate and give a description of the land recovered in like manner. History.—ss. 1, 2, ch. 3244, 1881; RS 1515; GS 1970; RGS 3238; CGL 5046; s. 21, ch. 67 254. Note.—Former s. 70.05. 66.041 Betterment, petition.—If a judgment of eviction is rendered against defendant, within 60 days thereafter, or if he or she has appealed, within 20 days after filing the mandate affirming the judgment, defendant may file in the court in which the judgment was rendered a petition setting forth that: (1) Defendant had been in possession and that he or she or those under whom defendant validly derived had permanently improved the value of the property in controversy before commencement of the action in which judgment was rendered; (2) Defendant or those under whom defendant validly derives held the property at the time of such improvement under an apparently good legal or equitable title derived from the English, Spanish, or United States Governments or this state; or under a legal or equitable title plain and connected on the records of a public office or public offices; or under purchase at a regular sale made by an executor, administrator, guardian or other person by order of court; and (3) When defendant made the improvements or purchased the property improved, he or she believed the title which he or she held or purchased to the land thus improved to be a good and valid title. The petition shall demand that the value of the improvements be assessed and compensation awarded to defendant therefor. History.—RS 1516; GS 1971; RGS 3239; CGL 5047; s. 2, ch. 29737, 1955; s. 21, ch. 67 254; s. 349, ch. 95 147. Note.—Former s. 70.06. 66.051 Betterment, answer.—The plaintiff in the judgment of eviction may file written defenses to the petition within 20 days after service of the petition. History.—RS 1517; GS 1972; RGS 3240; CGL 5048; s. 14, ch. 29737, 1955; s. 21, ch. 67 254. Note.—Former s. 70.07. 66.061 Betterment, trial and verdict.—If an answer is filed, trial shall be on the issues made. If no answer is filed, trial shall be ex parte, but defendant is required to prove every allegation of the petition. If the jury (or if a jury is waived, the court) finds in favor of defendant, it shall assess: (1) The value of the land at the time of the assessment, irrespective of the improvements put upon the land by defendant or those under whom he or she derives, and if any, the injury done to the land by defendant or those under whom he or she derives. (2) The value of the permanent improvements at the time of the assessment. (3) The injury, if any, done to the land by defendant or those under whom he or she derives. (4) The value of the use of the land by defendant between the time of the judgment in ejectment and the time of the assessment or if defendant has been evicted from or has surrendered the premises, from the time of the judgment to the time of the surrender or eviction. The findings shall be specified separately on each of these matters. History.—RS 1518; GS 1973; RGS 3241; CGL 5049; s. 2, ch. 29737, 1955; s. 21, ch. 67 254; s. 350, ch. 95 147. Note.—Former s. 70.08. 66.071 Betterment, judgment for plaintiff.—On rendition of the verdict the clerk shall ascertain whether the balance of the last three assessments (that is, of the value of the improvements, the extent of the injury and the value of the use of land), is in favor of plaintiff or defendant and ascertain the amount of the balance; if the verdict is in favor of plaintiff, judgment shall be rendered against defendant for costs, whether the balance of the assessments is in favor of plaintiff or defendant; but if the balance of the assessments is in favor of plaintiff, he or she shall have a judgment for costs in addition to the judgment for the balance. History.—RS 1519; GS 1974; RGS 3242; CGL 5050; s. 21, ch. 67 254; s. 351, ch. 95 147. Note.—Former s. 70.09. 66.081 Betterment, judgment for defendant.—If the verdict is in favor of defendant and the balance of assessments is also in defendant’s favor, a judgment for costs shall be entered against plaintiff, and a further judgment that unless plaintiff pays or secures as hereinafter provided the amount of the balance of assessments against him or her within 20 days, defendant may pay or secure to plaintiff the value of the land as assessed. History.—RS 1520; GS 1975; RGS 3243; CGL 5051; s. 21, ch. 67 254; s. 352, ch. 95 147. Note.—Former s. 70.10. 66.091 Betterment, payment by plaintiff.—The plaintiff may pay the balance in cash or may give defendant a bond with surety to be approved by the clerk, conditioned to pay said balance in two equal annual installments, with interest at 6 percent per annum to defendant. If plaintiff shall pay the sum within 20 days, or if the payment of the bond is received, satisfaction of the judgment shall be entered and all rights conferred on defendant by the judgment terminate. History.—RS 1521; GS 1976; RGS 3244; CGL 5052; s. 21, ch. 67 254. Note.—Former s. 70.11. 66.101 Betterment, payment by defendant.—If plaintiff does not pay or secure the sum within 20 days, within 20 days thereafter defendant may pay to plaintiff the value of the land as assessed or give plaintiff a bond with surety, to be approved by the clerk, conditioned to pay plaintiff the value in two equal annual installments, with 6 percent interest; or if plaintiff fails to pay the bond given by him or her when it becomes due, for 20 days after the expiration of the time fixed in the bond for payment, defendant shall again have the privilege of paying to plaintiff in cash the value of the land assessed. On the payment of the sum to plaintiff at any of the times hereinbefore mentioned, title to the land shall vest in defendant and plaintiff or those holding under him or her shall give defendant a deed to the land, tenements, hereditaments, and appurtenances, and if defendant has been evicted from or has surrendered the property, it shall be restored to him or her by order of court on motion. History.—RS 1522; GS 1977; RGS 3245; CGL 5053; s. 21, ch. 67 254; s. 353, ch. 95 147. Note.—Former s. 70.12.

/by

THERE’S NEVER BEEN A BETTER TIME TO REFINANCE YOUR MORTGAGE

SOUTH FLORIDA REAL ESTATE LAWYER

WITH INTEREST RATES ON MORTGAGES AT AN ALL TIME LOW, SOME EVEN 2.2 PERCENT ON 12 YEAR LOANS, THERE HAS NEVER BEEN A BETTER TIME TO REFINANCE. MANY HOMES IN SOUTH FLORIDA HAVE GAINED EQUITY AND THIS ALLOWS BORROWERS TO REAP THE REWARDS OF THE LOW INTEREST RATE, REMOVE PMI AND EVEN CASH OUT ON THE MORTGAGE EQUITY.

DID YOU KNOW THAT YOU ARE ALSO ENTITLED TO A CREDIT FOR TITLE INSURANCE AT THE CLOSING, RESULTING IN ALMOST NO CLOSING COSTS TO REFINANCE?

REFINANCING IS EASY BUT IT IS ALWAYS BEST TO HIRE A LAWYER TO ASSIST YOU WITH THE TITLE AND CLOSING OF THE MORTGAGE. IF YOU DONT HIRE A LAWYER, THE BANK WILL APPOINT ONE FOR YOU, RESULTING IN HIGHER COSTS AND FEES THAN USUAL. PROTECT YOUR REFINANCE RIGHTS IN FLORIDA.

AS AN ATTORNEY PRACTICING REAL ESTATE AND MORTGAGE LAW FOR OVER 22 YEARS, JACQUELINE SALCINES IS WELL VERSED IN EVERY ASPECT OF RESIDENTIAL MORTGAGES, REFINANCES, REVERSE MORTGAGES AND TITLE .

CALL US WITH ALL YOUR REAL ESTATE NEEDS.

TRUST   |   COMMITTMENT  |  RESULTS

JACQUELINE A. SALCINES, ESQ.
OWNER/FOUNDER
706 S. DIXIE HIGHWAY  2ND FLOOR
CORAL GABLES, FL 33146 
(305) 669-5280   J.SALCINES@SALCINESLAW.COM
/by

The Coronavirus and Force Majeure Clauses in Contracts

, ,

The Coronavirus and Force Majeure Clauses in Contracts – SALCINESLAW

With the Coronavirus (COVID-19) taking over the country and businesses, businesses are now seeking to determine whether they are obligated to perform under their contracts, or whether they can invoke a force majeure clause to excuse performance temporarily or even permanently.

Force Majeure Clauses Generally

Not all contracts contain force majeure clauses and even if they dont, there are still protections afforded by law. The force majeure clause is a contractual provision which excuses one or both parties’ performance obligations when circumstances arise which are beyond the parties’ control and make performance of the contract impractical or impossible.[1]

Force majeure events typically enumerated in contracts include:

  1. acts of God, such as severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions;
  2. war, acts of terrorism, and epidemics;
  3. acts of governmental authorities such as expropriation, condemnation, and changes in laws and regulations;
  4. strikes and labor disputes; and
  5. certain accidents.[2] Economic hardship typically is not enough to qualify as a force majeure event on its own.[3]

Determining whether a force majeure clause can be invoked depends on the specific language of a contract. Generally, force majeure clauses are confined to situations of the kind or nature which limit damages in a case where the reasonable expectation of the parties and the performance of the contract have been frustrated by circumstances beyond the control of the parties.

State Specific Requirements for Force Majeure Clauses: Florida

The CDC defines an epidemic as an outbreak of disease that infects communities in one or more areas, and a pandemic is an epidemic which spreads across the globe. If a contract at issue lists epidemics or pandemics as a force majeure event, the claiming party could argue that the coronavirus qualifies in light of the fact that is has been officially declared a pandemic by World Health Organization.

If a force majeure clause does not list epidemic or pandemic as a triggering event, it is possible that the coronavirus could be covered as an act of governmental authority in some areas, given that many governments, including the United States government, have instituted lockdowns to prevent the spread of the coronavirus.

If a listed force majeure event occurs, however, there is still further analysis required to determine whether invocation will be successful.

Under Florida law, a party seeking to invoke a force majeure clause must show that the force majeure event was unforeseeable, and that the force majeure event occurred outside the party’s control. This means that the claiming party must show that the event could not have been prevented or overcome, and there additionally cannot be any fault or negligence on the part of the claiming party.

Some contracts additionally require that the claiming party give the other contractual parties notice before invoking a force majeure clause. If the claiming party does not give proper notice as set forth in the contract, it could preclude successful invocation of a force majeure clause.

Businesses seeking to invoke the force majeure clause of their contracts likely have a strong argument that the coronavirus outbreak is an unforeseen event, unless the parties entered into the contract after the outbreak of coronavirus. Whether businesses have also attempted to perform their contractual duties despite the coronavirus outbreak, and whether that is even required under a particular contract are questions that must be assessed on a case-by-case basis.

Other Options: Impossibility/Impracticability and Frustration of Purpose

If a party is unable to successfully utilize a force majeure clause to excuse performance during the coronavirus outbreak, or if a contract does not contain a force majeure clause, other options may still potentially be available to excuse performance, such as the defenses of impossibility and impracticability. The Uniform Commercial Code (UCC) provides that a seller is excused from performing under a contract when “performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.” The Restatement (Second) of Contracts defines impossibility as “not only strict impossibility but impracticability because of extreme and unreasonable difficulty, expense, injury or loss involved.”

If a contract does not contain a force majeure clause, and an impossibility or impracticability defense fails, another possible defense for a party unable to fulfill its obligations under a contract due to the coronavirus is frustration of purpose. For the doctrine to apply, “the frustrated purpose must be so completely the basis of the contract that, as both parties understood, without it, the transaction would have made little sense. ”Put differently, frustration of purpose occurs where “a change in circumstances makes one party’s performance virtually worthless to the other, frustrating his purpose in making the contract.” Business should be mindful, though, that economic hardship such as an increase in the cost of performing under a contract is not enough to assert a frustration of purpose defense.

Conclusion

The coronavirus is having a significant and harmful impact on businesses and their ability to perform under their contracts. However, whether a claiming party can successfully invoke a force majeure clause, an impossibility/impracticability defense, or a frustration of purpose defense in order to excuse performance due to the coronavirus is a fact intensive inquiry and must be assessed on a case-by-case basis. Contractual parties must look to the specific language of the contract, including the applicable law, to determine their likelihood of success.

At the Law Offices of Jacqueline A Salcines PA we are here to help. With over 21 years experience interpreting contracts and practicing business law. the best defense is to hire the right lawyer. Let our experience go to work for you. We can assist virtually, by phone, facetime or skype. Call or email us today.

TRUST | COMMITMENT | RESULTS

The Coronavirus and Force Majeure Clauses in Contracts
JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY 2ND FLOOR
CORAL GABLES, FL 33146
TEL 305.669.5280 EMAIL: J.SALCINES@SALCINESLAW.COM
/0 Comments/by

FORCE MAJEURE CLAUSES

FLORIDA REAL ESTATE ATTORNEY AND BUSINESS LAW ATTORNEYS

COVID-19 has caused many buyers to want to cancel contracts either dealing with real estate purchases, vessel purchases, materials or equipment. Many contracts in Florida contain a Force Majeure clause that permits closing dates to be extended, or even cancelled if there is an act of God, terrorism, hurricanes, accidents, storms or other events “beyond the Seller’s control” that do not permit the contract to go through or be completed.

Not all Force Majeure clauses are written the same. And not all Force Majeure clauses permit cancellation. Most allow for postponement or time periods to be extended, particularly closing dates, due to the inability to comply with the contract terms.

We are getting many calls daily to review contracts for buyers and sellers to interpret the Force Majeure clause in their particular contracts. If you need a contract reviewed, free of charge, the Law Offices of Jacqueline A. Salcines is here to help.

Call us, email us, Skype or Facetime. We are one phone call away and happy to help our community in this time of need.

TRUST | COMMITMENT | RESULTS

FORCE MAJEURE CLAUSES
JACQUELINE A. SALCINES. ESQ.
305. 669. 5280
J.SALCINES@SALCINESLAW.COM
/0 Comments/by

REMOTE LEGAL ADVICE

,

LAWYER ON CALL

In these unprecedented times we are facing, we understand getting around and going to a lawyer’s office may be risky. We are happy to offer and provide our clients and the public Facetime consultations, telephone consultations and will continue to serve the public via email and phone.

Call us day or night with your real estate, debt and business questions. Attorney Salcines is standing by to assist you.

Jacqueline Salcines, Esq.

Tel: 305 669 5280

EMail: J.Salcines@Salcineslaw.com

/0 Comments/by

REAL ESTATE LAWYERS

,

If you are buying, selling or refinancing real estate, the most important decision you can make is to hire the right Real Estate Lawyer to represent you. Hiring a real estate lawyer to oversee the transaction and make sure that the transaction goes smoothly is what we are here for.

At the Law Offices of Jacqueline A. Salcines, PA, our real estate lawyers in Miami have over 31 years experience in closing residential and commercial real estate transactions. As both an Accountant and a Real Estate lawyer, attorney Jacqueline A. Salcines has closed more than 5,000 transactions and has the knowledge and experience to represent you in your real estate closing.

Did you know that in Florida, neither the seller, nor the bank can force you to use their title company. This is called coercion and there are laws against it. However, in Florida, if you do not select a title company, the lender will select one for you. Or worse, your realtor will recommend one or the seller will choose, leaving you at the mercy of others. And unprotected!

At the Law Offices of Jacqueline A. Salcines, PA our real estate lawyers serve buyers and seller from all over the globe with their real estate closing transactions. Whether buying a home, an investment property, a duplex, an income producing property, or a commercial land or vacant land, we have the knowledge and experience to protect you as a purchaser of real estate.

We handle the following real estate transactions for our clients:

  • As Is Residential Transactions
  • Commercial Transactions
  • Escrow deposits
  • Title Review, Title Examination and Title Insurance
  • Lien Searches
  • Real Estate closings
  • Sale by Owner transactions
  • 1031-Exchanges
  • FIRPTA and 1040 NR filings
  • Landlord Tenant Matters
  • Commercial and Residential Leases
  • Landlord Tenant evictions
  • Real estate litigation

Buying, selling or refinancing real property is often the largest investment that a person does in their lifetime. Don’t go it alone. Hire the services of an experienced real estate lawyer.

TRUST | COMMITMENT | RESULTS

Jacqueline A. Salcines, Esq.
706 S. Dixie Highway
Second Floor
Coral Gables, FL 33146
Tel: 305 | 669 | 5280

/0 Comments/by

REFINANCE YOUR HOME MORTGAGE

, , , , ,

REAL ESTATE AND MORTGAGE LAWYER

With interest rates at an all time low, there has never been a better time to refinance your home loan. If you already own the home and the property has equity, you can tap into some of that equity and take cash out to pay off debt or for school. If the property has a higher interest rate mortgage, you will benefit by having a reduced rate and monthly payment.

The benefits of hiring a real estate lawyer who is also a title company for a refinance are many.

First of all, you are entitled in Florida to choose your own title company to handle the refinance. What you pay is nominal to get peace of mind. Often the fee is between $650 and $750 in attorney’s fees. Moreover, if you do not hire the title company and advise your lender you have selected one, the bank will hire one for you, and often charge twice as much. And, the worst part is, that even though you are paying the bill, the title company does not represent you. They represent the lender.

Additionally, by hiring a title company for a refinance, we can look for your prior owner title insurance policy and issue you a credit for your title insurance so you do not have to pay it again and will have significant savings at closing. Not all title companies issue the credit and borrowers end up paying unnecessary fees and costs.

Lastly, by hiring us, the closing is done at our offices. By the attorney.

Attorney Jacqueline A. Salcines will guide you every step of the way with all documents that need to be signed and explain what you are signing. The day of closing, the mortgage and note will be signed here so if you have any questions or doubts, the attorney will explain it.

Do not go it alone. A mortgage is often the highest debt consumers enter into and with all the legal terms and repercussions for default, it makes no sense to not hire a lawyer.

Attorney Jacqueline A Salcines, Esq., has been assisting borrowers with their real estate and mortgage needs for over 21 years. Consult with us today.

TRUST | COMMITMENT | RESULTS

Attorney Jacqueline A. Salcines, Esq.
706 S. Dixie Highway
Second Floor
Coral Gables, FL 33146
Tel: 305 | 669 | 5280
EMAIL: J.Salcines@salcineslaw.com
/0 Comments/by

How to Stop A Wage Garnishment in Florida

How to Stop A Wage Garnishment in Florida

DEBT SETTLEMENT ATTORNEY

Credit Card companies, creditors, and anyone that has a judgment against a debtor can take legal action to garnish your wages or bank account.  In the case of a wage garnishment, Florida law permits the creditor to take up to 25% of the debtor’s paycheck, per pay period.  Florida law also permits bank accounts and even safe deposit boxes to be garnished and “frozen” to satisfy a money judgment.

Garnishment occurs when a creditor takes legal action to seize a portion of your wages, bank account, or other assets. In wage garnishment cases, the creditor will contact your employer and have your employer deduct a specified amount of money from your check each week to be forwarded to the creditor.  Credit Card companies, creditors, and anyone that has a judgment against a debtor can take legal action to garnish your wages or bank account.  In the case of a wage garnishment, Florida law permits the creditor to take up to 25% of the debtor’s paycheck, per pay period.  Florida law also permits bank accounts and even safe deposit boxes to be garnished and “frozen” to satisfy a money judgment.

Wage garnishments can impact families and severely affect the household finances.  Yet, there are many ways to stop them without having to file for bankruptcy. Wage garnishments can be particularly devastating to debtors (borrowers) because the writ of garnishment is continuing. Therefore, a single writ of garnishment can continue to garnish wages until the full amount of the debt is paid. Fortunately, debtors in Florida do have many legal options to prevent or stop a wage garnishment. If you are threatened with a wage garnishment or your wages are already being garnished, contact us.

At the Law Offices of Jacqueline A. Salcines, PA, attorney Salcines has been assisting clients whose wages or bank accounts are garnished by legally stopping such garnishments.

The First step in fighting a garnishment is assess whether you qualify for any of the 12 exemptions permitted in Florida. They are:

 1. Head of family wages.

 2. Social Security benefits.

3. Supplemental Security Income benefits.

4. Public assistance (welfare).

5. Workers’ Compensation.

6. Reemployment assistance or unemployment compensation.

7. Veterans’ benefits.

8. Retirement or profit-sharing benefits or pension money.

9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.

10. Disability income benefits.

11. Prepaid College Trust Fund or Medical Savings Account.

12. Other exemptions as provided by law.

Once the attorney is able to determine whether you qualify for an exemption, you must request a hearing.  At the hearing, we will prove to the Judge that you qualify for the exemption through evidence such as tax returns, bank statement, pay stubs, etc.

Wage garnishments and bank account garnishments impact lives.  We are here to help you.

We offer free phone consultations, and a no cost review of your case. Call us today. Tel. 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 20 years experience including holding a dual degree in Accounting, her broad knowledge of DEBT SETTLEMENT and GARNISHMENT LAW serves to aggressively protect and defend our firm’s clients, foreign investors, real estate buyers and sellers. 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

How to Stop A Wage Garnishment in Florida

JACQUELINE A. SALCINES, ESQ.

706 S. DIXIE HIGHWAY SECOND FLOOR CORAL GABLES, FL 33146

TEL. 305 669 5280 Email: J.Salcines@Salcineslaw.com

/0 Comments/by

HOA AND CONDOMINIUM FORECLOSURE – NEGOTIATING THE LIEN

SOUTH FLORIDA REAL ESTATE AND CONDOMINIUM LAWYER

HOMEOWNER ASSOCIATIONS AND CONDOMINIUM ASSOCIATIONS ARE GOVERNED BY FLORIDA STATUTES THAT ALLOW IT TO PLACE A LIEN ON YOUR PROPERTY AND INITIATE A FORECLOSURE.

YET MANY CONDOMINIUM AND HOMEOWNER ASSOCIATIONS CHARGE ILLEGAL AMOUNTS THAT ARE NOT PERMITTED, AS WELL AS ATTORNEYS FEES AND COSTS THAT COULD BE UNLAWFUL.

NEGOTIATING THE SUMS DOWN AND VERIFYING THE CHARGES ARE CRUCIAL.  THAT IS WHERE WE COME IN.

AT THE LAW OFFICES OF JACQUELINE SALCINES, PA WE BRING 20 YEARS EXPERIENCE TO OUR CLIENTS.  BOTH NEGOTIATING DOWN LIENS AS WELL AS INVESTIGATING THE VALIDITY OF THE CHARGES, WE ARE HERE TO HELP.

CONSULT TODAY.

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY SECOND FLOOR
CORAL GABLES, FL 33146
(305) 669-5280  J.SALCINES@SALCINESLAW.COM
/0 Comments/by

RETURN OF YOUR ESCROW DEPOSIT

, , , ,

SOUTH FLORIDA REAL ESTATE LAWYER

FLORIDA “AS IS ” REAL ESTATE CONTRACTS HAVE MANY TERMS AND DATES THAT IF THE BUYER IS NOT CAREFUL, AND NOT REPRESENTED BY A REAL ESTATE LAWYER THAT IS MONITORING THE DEADLINES, YOUR ESCROW DEPOSIT COULD BE PLACED AT RISK.

THE ESCROW DEPOSIT IS THE EARNEST DEPOSIT OR MONEY PUT DOWN ON A CONTRACT TO SECURE THE PROPERTY.  IT IS USED ON ALL REAL ESTATE CONTRACTS AND PLACED IN AN ATTORNEY TRUST ACCOUNT OR REALTOR BROKER ESCROW ACCOUNT AND HELD UNTIL THE END OF THE TRANSACTION.

IF AN AS IS CONTRACT REQUIRES FINANCING, THE FINANCING CLAUSES OF THE REAL ESTATE CONTRACT WILL HAVE SPECIFIC DATES TO APPLY FOR THE LOAN AND TO OBTAIN A CREDIT OR LOAN APPROVAL. IF THE BUYER IS NOT CAREFUL OR IS NOT ADEQUATELY REPRESENTED, MISSING THOSE DATES COULD HAVE SERIOUS CONSEQUENCES INCLUDING THE FORFEITING OF YOUR ESCROW DEPOSIT TO THE SELLER.

A REAL ESTATE LAWYER WHO IS EXPERIENCED IN REAL ESTATE LAW NOT ONLY GUIDES YOU THROUGH THE CONTRACT MAZE BUT PROTECTS YOU AT EVERY CORNER.

IF THE SELLER IS WANTING TO KEEP THE DEPOSIT, THEN THERE ARE MANY WAYS TO MAKE SURE THAT DOES NOT HAPPEN.  WHETHER DENIAL LETTERS ARE TIMELY PROVIDED, OR INSPECTION PERIODS NEED TO BE EXTENDED, HAVING THE RIGHT ATTORNEY IN YOUR CORNER MAKES ALL THE DIFFERENCE.

WHETHER YOUR DEPOSIT IS IN JEOPARDY OR WHETHER YOU ARE JUST ENTERING INTO A REAL ESTATE CONTRACT, CALL US TODAY SO WE CAN HELP YOU NAVIGATE THE REAL ESTATE HOMEBUYING MAZE.

WITH OVER 20 PLUS YEARS EXPERIENCE IN THE REAL ESTATE LEGAL FIELD, ATTORNEY JACQUELINE SALCINES AND HER KNOWLEDGE CAN MAKE THE DIFFERENCE BETWEEN KEEPING A DEPOSIT OR FORFEITING IT.  LET OUR EXPERIENCE GO TO WORK FOR YOU. CONSULT TODAY.

TRUST   |   COMMITTMENT  |  RESULTS

JACQUELINE A. SALCINES, ESQ.
OWNER/FOUNDER
706 S. DIXIE HIGHWAY  2ND FLOOR
CORAL GABLES, FL 33146 
(305) 669-5280   J.SALCINES@SALCINESLAW.COM
/0 Comments/by