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SETTLEMENT OF A HOME EQUITY LINE OF CREDIT (HELOC)

 

SOUTH FLORIDA MORTGAGE AND DEBT SETTLEMENT LAWYERS

MORTGAGE DEBT SETTLEMENT IN FLORIDA

Many homeowners who have lines of credit or HELOC’s on their homes, in a second position after their first mortgage, are now in a position to settle the debt.  With so many properties still under water, that is, the mortgage balance owed on the first mortgage is greater then the value of the property, many lenders who hold lines of credits are more than willing to settle the amounts owed on the mortgage with the borrowers.

In order to have a successful negotiation and settlement wherein the result is the complete forgiveness of the debt owed on the line of credit, it is crucial to following certain steps in order to have the mortgage lender agree to accept a short payoff.

After years of  negotiating these line of credit mortgages for our clients, we are well versed in first obtaining a CMA or Comparative Market Analysis, crafting a correct hardship letter and sending the lender the documents they required.

This settlement is not a loan modification nor does it require the production of mountains and mountains of financial documents to the lender.

There is no required Request for Mortgage Assistance (RMA) nor loan modification applications required either.

Rather, we start with a demand and proposal letter and provide the documents we know the lender will request.  And from there, the negotiation often is resolved within 30 days.  Our extensive experience working with mortgage lenders  and borrowers places us in a position to extensively negotiate for you. So that you end up paying only a small portion of the debt.

Allow us to go to work for you and negotiate your Home Equity Line of Credit debt.

We offer free phone consultations, and a no cost review of your case. 

Call us today.   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 17 years experience including holding a dual degree in Accounting, her broad knowledge of DEBT SETTLEMENT serves to aggressively protect and defend our firm’s clients.

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

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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CERTIFICATE OF TITLE THROUGH ASSOCIATION FORECLOSURE

SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS

PROTECTING YOUR INTERESTS WITH DYCK O’NEAL

Recent months have experienced an avalanche of less than savvy investors entering the foreclosure auction arena to try their luck on bidding on foreclosed properties.  Many of these novice investors believe that they are getting a great deal because they are acquiring properties worth thousands for very little. What they do not realize, is that they are bidding on Homeowner Association and Condominium Association foreclosure liens.  That is, that once they are the successful bidder and pay the fee to the county, the now own the property, often with a first mortgage and accompanying liens.

The Homeowner Association and Condominium Association foreclosure judgment and subsequent successful bid on the auction, does not wipe out first mortgages, second mortgages, or any liens on the property. It merely pays the association the maintenance and assessments the homeowners failed to pay.  And the new Certificate of Title holder is left with a property that they can only rent temporarily until the mortgage company forecloses or obtains a judgment and places at auction as well..

HIRE AN ATTORNEY TO RUN A LIEN SEARCH PRIOR TO BIDDING

There are many things investors can do to protect themselves prior to bidding. First and foremost, hire an attorney to run a title search and examination and provide an Owners and Encumbrance letter.  This typically costs between $150.00 to $200.00 and results in peace of mind.  Knowing whether bidding is smart or not.

IF YOU ALREADY BID, NOW WHAT

Even if you bid and were the successful bidder and now acquired the property without examining title, there is still Hope.  At the Law Offices of Jacqueline Salcines, PA we have helped hundreds of third party bidders negotiate the title back to the prior owner, and recuperate what they paid at the auction.   Or, in the alternative, you may be able to negotiate with the private lender or bank to settle the mortgage amounts and remove the mortgage from the title.

At the Law Offices of Jacqueline A. Salcines, PA, the firms’ lead attorney, Jacqueline A. Salcines, Esq.,  brings extensive knowledge and expertise in the field of negotiating and settling debt for pennies on the dollar.   We employ market knowledge, extensive litigation experience,  contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in debt settlement and oral and written contracts as well as negotiating them when they don’t go as planned, is what sets us apart.

With prompt intervention to resolve disputes amicably, without the need to litigate,  we are here to get debt settled, without the necessity of filing for bankruptcy.

With more than 16 years experience,  attorney Jacqueline Salcines has been practicing law with the need of her clients first.  Upon calling the firm you get the feel of how the client is our first priority.  We are here to help you with your purchase or sale and do so with hands-on legal experience.

Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15  years.  She brings her knowledge and experience to every real estate transaction.  Let us go to work for  you!

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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

TEL. 305 669 5280

DIRECT EMAIL: J.SALCINES

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SHORT SALES HELD HOSTAGE BY SECOND MORTGAGE HOLDER

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You’ve all heard the story before, months and months of laboring to get the short sale approval, you finally get it and the second lien holder or mortgage company will not accept what the first lien holder is agreeing to pay them.  Result:  Now your short sale is held hostage.  The first will not pay more, the second will not accept less.  What are the alternatives to get this approved after so much hard work?short_sale

Well, first of all, anyone negotiating or selling their home in a short sale must be familiar with their rights. Under the HAFA (Home Affordable Foreclosure Alternative) Program, the first lien holder MUST, not may, MUST, pay the 2nd lien holder $8,500.00. There are rules that regulate this payout and therefore the 1st lien holder can not wiggle its way out of this.  And the 2nd lien holders are keenly aware of these regulations.

Now, if the short sale falls outside of the HAFA Program, then you have a dilemma.  For the most part, the 1st lien holder will request a payoff statement of the first and typically (I say typically because in short sales there is nothing typical), they will pay 10% or a maximum of $6,000.00

“I have been negotiating short sales for quite some time and they (the lenders), for the most part, do adhere to the 10% rule.  But, in the event they pay less and the 2nd lien holder demands more, this is NOT necessarily the end of the line.  There are still options.  If the borrower is receiving an incentive at closing from the 1st lien holder, the 1st bank will allow the borrower/seller to contribute that money towards paying off the 2nd.  They will also permit you to enter into a promissory note, usually at 0% interest, ten (10) years, in order to reach that number.  Or, in the alternative, all the other parties in the game can make some contributions. Often times, realtors as well as the buyer are agreeable to making certain concession in order for the great deal to go through.  After all, if the closing falls through, the nobody gets paid and the buyer doesnt get their property.”  –  Jacqueline A. Salcines, Esq.

So, while the 2nd lien holder can certainly hold a short sale hostage and there are no laws you can use to force them to agree to a payout, there are still some alternatives to make the short sale go through to closing.

Short sales are crafty games played by crafty players.  Everyone has to have some skin in the game to make the process work smoothly.

And, if it goes smoothly, then as in any games, there will be many winners, and perhaps a few losers (the banks).

Dont go it alone. Consult a professional real estate lawyer to handle your mortgage problems.  We are a phone call away.

LAW OFFICES OF JACQUELINE A. SALCINES, P.A.

JACQUELINE A. SALCINES, ESQ.     TELEPHONE:  305  | 669 | 5280

 

 

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NEW MORTGAGE RULES IN 2013 WILL AFFECT HOMEBUYERS AND MAKE OBTAINING A MORTGAGE MORE DIFFICULT

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foreclosure_defense NEW MORTGAGE RULES IN 2013 WILL IMPACT BORROWERS

Last week, the Consumer Financial Protection Bureau announced new rules, known as the Qualified Mortgage (or QM for short), for mortgage financing. This new regulation, while creating a safer harbor for the lenders, reducing their risks, drastically impacts homebuyers and their ability to obtain loans.

At the start of 2013, lenders will face stricter guidelines in getting their loans approved. This translates into additional safeguards, additional manpower, additional fees and costs to borrowers. The rules will require tighter qualify control requirements for lenders including full documentation of applicant’s income, assets, employment, credit history, etc.

Plus, the Dodd-Frank Law in effect, limits points for qualified mortgages at 3 percent of the loan. This could heavily impact large lenders and home builders who provide incentives for home owners and use affiliated companies for their services, such as appraisers, title and surveyors.
Also affected are jumbo mortgages, which could affect higher end home sales in Counties and Cities with higher sales figures such as Coral Gables, Miami-Dade and Palm Beach. Jumbo loan limits in Florida counties are classified as follows:

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Under the new regulations, to achieve safe harbor status, a loan must not have a debt-to-income ratio in excess of 43%. David Stevens, Chairman and President of the Mortgage Bankers Association estimates that “between 22 and 25 percent of all jumbo loans that exceed those limits, have DTI’s beyone that cap” thereby they will be affected.

To read more on this go to:

http://www.inman.com/buyers-sellers/columnists/kenharney/new-mortgage-rules-could-crimp-lending

So, a few tips to make financing your home easier and allowing you to escape this bureacacy:

● Preserve your credit and keep your credit scores high
● Put down at least a 20% down payment on your purchase
● Avoid PMI mortgage insurance
● Use a qualified mortgage banker or broker to find the best possible programs and loans
out there for you based on your particular situation.

And the best advice of all… don’t go it alone.

Hire a qualified attorney to handle your closing! By hiring an attorney and accountant, you pay no more than a title company would charge BUT get additional services from a qualified professional including

● Review of Good Faith Estimates provided by mortgage brokers to check fees and costs

● Review and examination of title on the home you are purchasing to make sure title is free and clear of all encumbrances
● Preparation of the Closing Statement HUD-1 to make sure all charges are accurate
● Attendance at closing and review of all lender documents including mortgage and note

Contact me for more information on our real estate closing services.

Jacqueline A. Salcines, Esq. 305|669|5280

Or email me directly at J.Salcines@salcineslaw.com

HAPPY BUYING!!

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