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PARTITION SUITS BETWEEN FAMILY

SOUTH FLORIDA REAL ESTATE LAWYERS

It is never a pleasant notion to have to file a lawsuit against a family member or sibling. When property of a deceased is inherited via a Last Will and Testament, however, often the siblings have different ideas with regard to the property. Some may want to rent it. Others may want to sell it and not keep paying for maintenance and taxes. When there is a dispute between heirs or co-title holders, that can not be resolved, a Partition lawsuit has to be filed.

In a Partition lawsuit, the Court or Judge is the one that orders the property sold and divided down the middle. However, it is not necessary to get to that point where siblings or heirs are fighting against each other. There are many ways to settle these types of matters without a lawsuit. However, if the parties can not settle, then a lawsuit is inevitable.

At Jacqueline A. Salcines, PA, we are experienced and knowledgeable real estate attorneys that can help you negotiate with the other party or if unable to reach a middle ground, to file a partition lawsuit. With over 21 years experience filing Partition suits and negotiating property laws, we come to the table with a team of expert negotiators and litigators, to make the transition as smooth as possible.

The first consultation is always free and can provide you with invaluable advice regarding your right. Consult today.

TRUST | COMMITMENT | RESULTS

PARTITION SUITS BETWEEN FAMILY
Attorney at Law

LAW OFFICES OF JACQUELINE A. SALCINES, PA

706 S. DIXIE HIGHWAY

SECOND FLOOR

CORAL GABLES, FL 33146

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REISSUE CREDIT – WHAT IS IT AND WHY YOU SHOULD REFINANCE TODAY

REAL ESTATE LAWYERS – MORTGAGE LAW

Mortgage rates are at an all time low. Some mortgage lenders are even coming up with creative ways to refinance, including 12 year mortgages and zero cost refinances.

In a refinance, a mortgage lender will typically loan up to 80% of the fair market value of your property. That means that whatever the mortgage balance you have today is, the value of your property is what will be the determining factor as to whether you can refinance or not.

In a refinance, the current mortgage loan is cancelled and replaced with a new loan. The reasons for refinancing are to get a better interest rate, better mortgage terms, remove someone from a mortgage or to cash out on the value of the property, so that you can make necessary repairs or even pay off credit card debt. The bank does not limit what you can do with the additional monies and often times borrowers can even use it to purchase other real estate.

In order for a refinance to make sense however, the amount you save, over the life of the loan should be greater then the closing costs associated with the refinance.

Title Companies in South Florida are required by law, to give you a reissue credit, or a reduced fee off the title insurance premium, on a refinance. While many borrowers arent even aware they have the absolute right to choose their own title company to handle the closing, they often allow the bank to choose it for them, which results in higher fees and costs at closing and no reissue credit.

At the Law Offices of Jacqueline A. Salcines, PA we are full service title company. We can handle your refinance from beginning to end and make sure that your fees and costs are not only reduced to a minimum, but that your reissue credit is honored. This can result in thousands of dollars in savings for you.

Call the Law Offices of Jacqueline A. Salcines, PA for all your mortgage and refinance needs. We are here to help and come with over 21 years experience in the mortgage and banking industry. The first consultation is always free of charge.

TRUST | COMMITMENT | RESULTS

REISSUE CREDIT – WHAT IS IT AND WHY YOU SHOULD REFINANCE TODAY
Jacqueline A. Salcines, Esq.

Jacqueline A. Salcines, PA

706 S. Dixie Highway

Second FLoor

Coral Gables, FL 33146

Tel: 3056695280

Email: J.Salcines@Salcineslaw.com

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RETURN OF YOUR ESCROW DEPOSIT

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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
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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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FIVE YEAR STATUTE OF LIMITATIONS ON MORTGAGES IN FLORIDA

MORTGAGE LAW

LOSS MITIGATION DEBT SETTLEMENT ATTORNEYS

The Florida Legislative Foreclosure Act, while helping the banks out more than the borrowers, did one positive thing.  It limited the time period when a bank can go after a borrower for the balance of the mortgage after the foreclosure.  This is called the deficiency.

The end of 2016 and the beginning of 2017 has already witnessed the filing of  thousands of lawsuits in Florida against the homeowners to collect these deficiencies after the foreclosure or short sale.  Many, though are past the one year mark and therefore easily dismissed.

There are many defenses to these lawsuits brought by banks and third party debt collectors, such as Dyck O’Neal,  for balances owed on mortgages that are more than five (5) years past due, as well as for deficiency balances.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline A. Salcines, Esq. is knowledgeable and has experience in defending these suits.  She has been protecting and defending homeowners and borrowers with their mortgage and real estate litigation needs for over 17 years.

Let our knowledge go to work for you in defending these suits.

In fact, class actions have already been filed alleging these suits are unlawful as against the Fair Debt Collection Practices Act.  Don’t be victim.

Let us protect your rights.

At the Law Offices of Jacqueline A. Salcines, PA, the attorney holds a dual degree in Law and Accounting, is a  realtor and has hosted many seminars and lectures on real estate and real estate law. Allow our experience to go to work for you

Call us today.   305.669.5280 Or visit us as  http://WWW.SALCINESLAW.COM

See why our business is built on referrals and for over 17 years, clients keep coming back and referring their family and friends. 

 

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
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HAMP LOAN MODIFICATION AFTER DEADLINE OF DECEMBER 30, 2016

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MIAMI DADE LOAN MODIFICATION AND FORECLOSURE ATTORNEYS

Now that the deadline to submit a Home Loan Modification request under the Making Homes Affordable Program has expired (the last date for submission was December 30, 2016 and has not been extended by the Trump or Obama Administration) what will happen with all the borrowers who are again struggling to pay their mortgages?  While the program has not been keyed for renewal, like the HARP program that was extended, borrowers face a myriad of questions and concerns as to what will happen with their underwater properties.  Loan Modifications continue to prevail with other plans that are available.  Fannie Mae, Freddie Mac, FHA Federal Housing Authority and even the USDA have programs that continue to exist to help underwater home loan borrowers with their default and delinquent mortgages.

Lenders continue to be understandable and are allowing homeowners to remodify their mortgage and loans under these programs that continue to exist into 2017.

Many borrowers under the HAMP program had adjustable rates which increase after the 5th year.  That would put anyone that modified their loan in 2009 or 2010 into a higher interest rate.  A mortgage default however doesn’t mean you have to lose your home. A Miami Dade Loan Modification attorney at our firm can help.

There is Hope and Help for these borrowers.  While there are strict eligibility requirements under these programs,  and it may be necessary to make sure you qualify before submitting a modification request, we are here to help..

At the Law Offices of Jacqueline A. Salcines, PA, we are Miami Dade Loan Modification attorneys and keenly aware of the requirements and are able to sit with the borrowers, review their financials data, and provide solutions for their homeownership mortgage problems.  Allow my team of attorneys and accountants to go to work for you so you do not fall victim and lose your home.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 17 years experience in the foreclosure, mortgage and real estate field as well as 22 in the accounting field. Ms. Salcines has been helping homeowners in foreclosure for over 10 years and is available by email to answer all your questions and concerns, without ever charging a consultation fee.

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

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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

Email:  J.SALCINES@SALCINESLAW.COM

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