MORTGAGE ESCROWS AFTER CLOSING

SOUTH FLORIDA REAL ESTATE LAWYER

MORTGAGE LAW

What happens to escrows, or monies held by the mortgage company for insurance and taxes after a closing when the property is sold?  Mortgage escrows are funds paid by the borrower when making their monthly  mortgage payment, for the payment of insurance and taxes on the yearly anniversary dates.  These monies belong to the homeowner or borrower and are held in reserve until the bank pays them.

Once a real estate closing takes place and the mortgage is paid off, what happens to those monies?  The bank is not paying taxes or insurance and therefore, the monies will not be paid to any third party company.

The monies advanced for escrows are then required to be returned by the lender, within a date certain. Borrowers are urged to advise their mortgage companies of their correct addresses so that the checks reach them once issued and mailed.  The bank will not wire the funds or send the checks certified mail. Therefore, it is the responsibility of the homeowner to make sure the bank has their correct address.

Acting as title agents and representing our sellers in transaction, we go beyond regular routine closing services and after closing, our team at the Law Offices of Jacqueline Salcines, PA makes sure that they monies are received by the seller borrower.  “Until that check is received, we do not close out our file.”

At the Law Offices of Jacqueline A. Salcines, P.A. we have been assisting buyers and sellers, with their real estate needs since 1999.  We are a full service title company and extremely knowledgeable in FIRPTA rules and regulations.

Whether you are buying, selling or refinancing, we will handle all of the details and represent you from contract to closing.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

Email:  J.Salcines@Salcineslaw.com

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SURPLUS AFTER FORECLOSURE AUCTION

SOUTH FLORIDA REAL ESTATE LAWYERS

MOVING FOR SURPLUS AFTER A FORECLOSURE AUCTION

After the foreclosure auction, depending on how much money the successful bidder paid for the property at auction, there may exist a surplus.  Specially if the foreclosure case was initiated by the Homeowners Association or Condominium Association.

As a prior owner, you are entitled to the surplus, or monies paid over and above the amount of the judgment, if you timely file a motion for the surplus and supporting affidavits.

As a third party bidder you may also be entitled to the surplus. We have been successful in obtaining third party bidders the surplus award when we can prove there are damages to the property once taking possession.

While moving for surplus requires a proper Motion for Surplus and proper Affidavit, as well as setting for hearing, it may be tricky and if not done correctly or within the proper time frames, you may lose your ability to go after the surplus.

 

At the Law Offices of Jacqueline A. Salcines, PA we have been assisting Defendants with their foreclosure defense and third party bidders with obtaining surplus belonging to them, for over 18 years.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate matters for over 18 years. If you have an issue with a residential lease,  commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

Email:  J.Salcines@Salcineslaw.com

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WRIT OF POSSESSION AFTER THE CERTIFICATE OF TITLE

SOUTH FLORIDA REAL ESTATE LAWYERS

WRIT OF POSSESSION AFTER SUCCESFFULY WINNING AT AUCTION

If you are the successful bidder at a Florida foreclosure auction and yet, after the issuance of the Certificate of Title, the prior homeowner refuses to leave, then you must move for possession.  This is not a full blown eviction procedure. Rather, you are required to file a Motion for Writ of Possession in order to have the Judge Order the prior owner out.

This also requires a hearing before the Court.  Often, the prior homeowner will show up and complain to the Judge for mercy. The prior homeowner will tell the Judge they were negotiating a loan modification with the bank or “they have nowhere to go”.  While the Courts have mercy and sympathy for these homeowners, truth be told, by the time the property sells at the foreclosure auction, they have already been living on the property, rent and mortgage free, for numerous years. It should not be any surprise that they need to relocate.

At the Law Offices of Jacqueline A. Salcines, PA we have been assisting Defendants with their foreclosure defense and third party bidders with obtaining possession of properties rightfully belonging to them, for over 18 years.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate matters for over 18 years. If you have an issue with a residential lease,  commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

Email:  J.Salcines@Salcineslaw.com

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MOLD REMEDIATION IN FLORIDA LANDLORD TENANT LEASES

SOUTH FLORIDA REAL ESTATE LAWYERS

LANDLORD TENANT LAW

Having a Mold “escape clause” in your lease is the ultimate parachute or protection for any landlord in Florida.  This clause, which is present in many leases, allows landlords to escape liability for any mold that grows in the property after the tenant takes possession.  Having this could mean the Landlord in a Florida landlord tenant lease could escape being responsible for thousands of dollars in property damages.

However, for the tenant, this mold clause is not very favorable.  If you suspect you have mold in your property and have contacted the landlord in an effort to remediate the mold and your request has fallen on deaf ears, there is recourse.  As a tenant, you have options.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns.  This means mold!

Many residential landlord tenant leases also require notice to the landlord and opportunity to correct the issue, which could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it.  Mold also causes severe property damages when spores attach to sofas, and clothing, aggravating the situation and out of pocket damages even more.

If you suspect you have mold in your real estate property, call an attorney right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.

At the Law Offices of Jacqueline A. Salcines, PA we have been representing landlords and tenants for over 17 years.  We are knowledgeable in all aspects of landlord tenant law and ready to assist you with your needs. Call today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate matters for over 17 years. If you have an issue with a residential lease,  commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

Email:  J.Salcines@Salcineslaw.com

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WHO IS MR. COOPER

SOUTH FLORIDA REAL ESTATE LAWYERS

MORTGAGE LAW

By now you have to be living in a cave to not have heard of Mr. Cooper.  Nationstar, the nations largest non-bank  mortgage servicer has spent millions rebranding itself, in the heels of its $20 million  loss last quarter, in order to reinvent itself.  The massive rebranding of this nonbank has left millions of homeowners wondering Who Is Mr. Cooper?

The Mr. Cooper transition, which took place weeks ago, is actually all about reimaging. The company is trying to create a more friendly, more customer oriented experience for its consumers.  Its employees are taking more than “50,000 hours of incremental customer experience training in order to ensure that everyone is equipped with the tools and resources needed to deliver the Mr. Cooper Promise. “

What does that mean for the consumer, or borrowers who had loans and mortgages with Nationstar?  Frankly,  not much.  You will now be receiving statements with the Mr. Cooper logo on the top left and when calling the servicer, the name will have changed, and hopefully after all this effort, the customer service as well.

Handling thousands of real estate closings, loan modifications and short sales for our clients over the years, Nationstar was “not very easy to deal with”.  Often you would get pushed around from one representative to another one. Get hung up on. The whole process was very frustrating. Specially when dealing with time crunches for foreclosures or trials for our clients.

When you receive the new statement in the mail from Mr. Cooper, and  you too are confused, don’t worry.  All your mortgage terms will remain the same.  Just the name will have changed.

If you have any questions about a loan modification or are purchasing or selling real estate, give us a call.

With offices in Coral Gables, we have been helping borrowers for over 18 years with their mortgage and real estate needs.  The Real Estate Law Firm of Jacqueline A. Salcines is here to guide you.

We are a full service title company and handle closings from beginning to end.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Escrow Agent
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

Email:  J.Salcines@Salcineslaw.com

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AS IS RESIDENTIAL CONTRACT FOR SALE AND PURCHASE

SOUTH FLORIDA

REAL ESTATE LAWYER

An As Is Residential Contract for Sale and Purchase is a binding contract to sell or buy real property in Florida.  While different from other types of sale contracts, the AS IS residential contract protects the seller in many aspects.  The As Is refers to the fact that the buyer is taking the property as it is, that is, with any defects or problems it has at the time of entering into the As Is contract.  The seller is not required to make any repairs, or to make any credits to the buyer for any items of disrepair, open permits, or matters that appear on the property.  The buyer is not completely unprotected however.

A well drafted  As Is contract allows the buyer to inspect the property and then cancel if the seller is not agreeable to fixing something.  So the buyer can still opt out if he does not like what he sees or is getting, without losing his escrow deposit.

As Is contract carry a myriad of legal terms and deadlines that may be confusing or hard to understand for a layperson. And that is where we get involved.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing real estate law for over 18 years.  As a title agent, real estate lawyer, and realtor, as well as an accountant, attorney Jacqueline Salcines  is well versed in all aspects of the As Is Residential Contract.   Allow us to protect your interests, whether you are a buyer or a seller , we are here to help every step of the way, from contract to closing.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

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

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FLORIDA 33146
TEL: 305 | 669 | 5280
DIRECT EMAIL:  J.SALCINES@SALCINESLAW.COM
 
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PARTIAL PAYMENT OF RENT AND THE THREE DAY NOTICE – LANDLORD TENANT EVICTION

SOUTH FLORIDA

LANDLORD TENANT LAWYERS

House and lawAll residential Landlord Tenant actions under landlord tenant law in Florida are governed by Florida Statutes Chapter §83.  Landlord tenant law states that anytime a tenant is in default of the terms of the Lease, a written notice with seven days to cure the default is required from the Landlord. An exception is the failure to pay rent.  When a tenant fails to pay rent, the landlord is required to send a Three Day Notice to the tenant.  The tenant is then required to remit payment to the landlord within three days.

Florida landlord tenant statutes regarding the Three Day Notice however are extremely strict and require exact language, as well as exact dates. The three days can not include weekends or holidays and does not include the day it is posted.  The notice must also be posted on the tenant’s door or served with a process server.

If the landlord under a landlord tenant lease accepts payment after the posting of the three day notice, even if partial payment, then the THREE DAY NOTICE become null and void and the landlord can not evict or start the eviction procedure.  Rather, a revised three day notice is required and the mandatory three days waiting as well.

Once the eviction is filed, the tenant is then required to deposit in the court registry, the past due rent, and late fees.  If the eviction does not state the correct amounts due, the tenant can file a motion to determine rents, and have the judge make a determination of what amounts need to be deposited.

 

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing landlord/tenant law, real estate and litigation attorney for the past 17 years.  She is well versed in Landlord Tenant law and has given many pro-bono lectures and seminars on the topic, including  for legal aid.  Allow us to protect your interests, whether you are a landlord or a tenant.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

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

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

SOUTH FLORIDA

LANDLORD TENANT LAWYERS

House and lawAll residential Landlord Tenant actions in Florida are governed by Florida Statutes Chapter §83. A security deposit is advance amounts paid by a tenant in the event there are any damages to the property once the landlord tenant residential lease is completed.  Security deposits however carry with them very strict rules regarding

1.  Timing of the deposit by landlord;

2.   Type of bank account the landlord can hold the deposit in;

3.   Required notice to the tenant after receipt of the security deposit as to where it is being held;

4.    Strict notice 15 days and 30 days after the tenant vacates as to return of the deposit

Many landlords believe that when a tenant vacates or has been evicted, they are entitled to retain the security deposit as a punishment or to recuperate lost rent.  This is absolutely false and against the law. Landlord Tenant law in Florida and Florida Statutes covering landlord tenant residential actions specifically require the Landlord to return the security deposit to the tenant by Certified Mail, at the last known address, within 30 days days of vacating the premises.  If the address has not been provided, then the landlord can use the property address.

While some landlord tenant residential leases do permit it to be kept, of have liquidated damage clauses for early termination or abandonment, there are strict requirements under Florida Landlord Tenant law as to what steps a Landlord must follow if he or she intends to keep a portion of the security deposit, or all of it.  A statutory letter must be sent within the required time frame with an itemization of the exact amounts being kept and the reason for not returning it to the Tenant.

This letter is often never sent or if sent, the landlord writes it incorrectly. That is where the services of a knowledgeable landlord tenant lawyer come in.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing landlord/tenant law, real estate and litigation attorney for the past 17 years.  She is well versed in Landlord Tenant law and has given many pro-bono lectures and seminars on the topic, including  for legal aid.  Allow us to protect your interests, whether you are a landlord or a tenant.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

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

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FLORIDA 33146
TEL: 305 | 669 | 5280
DIRECT EMAIL:  J.SALCINES@SALCINESLAW.COM
 
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LEGAL GUIDE TO BUYING OR SELLING REAL ESTATE IN FLORIDA

SOUTH FLORIDA REAL ESTATE LAWYERS

If you are financing and not aware of your closing costs, you may lose your deposit if your lender is not able to offer you the loan or financing. Or, if the property is in need of repairs, and you don’t have the correct inspection contingency, you may be on the hook.

Are you buying real estate in Florida?  OR are you selling real estate in Florida? Are you about to enter into a real estate contract and require guidance before signing an As Is Residential Contract?  Whether you are on the buyer side or the seller side, entering into a real estate contract is a contractual obligation that if done wrong, or unknowingly, could prove very costly.  

 

Whether you are about to sign a contract and need legal representation or your contract reviewed, we are here to help.

We offer a free legal consultation regarding your real estate contract, purchase or sale.

With over 17 years experience practicing real estate law, and holding dual licenses of both lawyer, realtor and accountant,  allow attorney Jacqueline A. Salcines to guide you.

We are a full service title company and handle closings from beginning to end.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

When you have legal concerns related to  real estate or probate, the Law Offices of Jacqueline A. Salcines is here to help. Our real estate attorney has been serving the community for 17 years. We work hard to ensure personalized legal representation by carefully attending to each individual matter.

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

Email:  J.Salcines@Salcineslaw.com

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QUIT CLAIM DEED – TRANSFER OF TITLE

SOUTH FLORIDA REAL ESTATE LAWYER

Florida title to real property is held in the form of a “deed”.  There are many different types of real estate deeds. You can have a Warranty Deed for general real estate sales and purchases. When you purchase property from a developer you typically get a Special Warranty Deed.  When you purchase property from a Trust you get a Trustee Deed. And then there are Quit Claim Deeds.  Quit Claim Deeds are mere transfers of title, without any warranty or guarantee as to the title or clouds on title. For example, there may be a mortgage or lien on the property that will not be extinguished or removed when the title is transferred by quit claim deed.

The recording of a quit claim deed, while inexpensive ($10.60 in Miami Dade and $10.70 in Broward and Palm Beach County), affords the least protection to the purchaser or Grantee, and  also requires the payment of documentary stamp taxes on any outstanding mortgage(s). If not paid at the time of recording, then the transferor could face severe penalties after recording the document.

Many deeds are exempt from having to pay documentary stamp taxes,  for example, if the deed is the result of a divorce. And while many vendors such as Office Depot sell deeds, it is always best to consult a real estate attorney to prepare it for you. Any mistake, or wrong digit in the legal description of the real estate could have severe consequences, after the fact if Grantors die or disappear.

Next time you require the preparation of a deed or transfer of property, consult with an attorney so you are protected and will have peace of mind.

We are a full service real estate law firm handling all aspects of contract and landlord tenant law.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Litigation
  • Landlord/Tenant law
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

Email:  J.Salcines@Salcineslaw.com

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