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SOUTH FLORIDA DEBT SETTLEMENT LAWYERS

DEBT SETTLEMENT ATTORNEYS

If you have received a collection notice from Dyck O’Neal, you are not alone.  Thousands of borrowers are finding themselves in a bind upon receiving notice by Dyck O’Neal, that they now owe a deficiency balance to the creditor.  Who is Dyck O’Neal?  Dyck O’Neal is the leading nationwide purchaser, collector and servicer of real estate deficiencies for first and second mortgages, judgments and promissory notes.  The company Dyck O’Neal has purchased hundreds and thousands of bad notes, deficiency judgments and bad debt and has recently begun large collection efforts against borrowers.

A deficiency judgment is the balance that remains after a short sale or foreclosure auction when the mortgage is paid off.  Many borrowers hired attorneys during their foreclosures to negotiate consent judgments at or before their foreclosure trial.  A proper consent judgment should contain language that the bank waives the right to collect the deficiency.  If it does, then Dyck O’Neal is acting improperly to collect the debt.

Moreover, if the final judgment does contain language of the deficiency, then an assignment of the judgment to Dyck O’Neal must exist and the borrower or defendant must, by law, be made aware of that assignment.  If that has not taken place, then the Dyck O’Neal collection is also improper.

Moreover, many Dyck O’Neal suits are protected under HR 87 and have one year to pursue any lawsuit.

These are just some of the many ways to avoid a Dyck O’Neal collection or lawsuit.

If you have received  a collection notice or collection letter from Dyck O’Neal, contact us today. By running your case docket and investigating the language of the final judgment, we can ascertain whether the debt is collectible and valid.

At the Law Offices of Jacqueline A. Salcines PA we have a great success rate with these Dyck O’Neal suits, and over 18 years experience negotiating debt settlements for our clients, including  violations of the Fair Debt Collection Practices Act.

You do not have to file for bankruptcy in order to get out of this Dyck O’Neal debt.

Allow us to go to work for you and negotiate your 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 18 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

FLORIDA FORECLOSURE ATTORNEYS

FLORIDA REAL ESTATE LAWYERS

Finally, on November 3, 2016, the Bartram v. U.S. Bank, N.A. case was decided by the Florida Supreme Court.  The Bartram court decision was in favor of banks and against mortgage delinquent homeowners.   In Bartram, The Supreme Court ruled in favor of lenders in an almost unanimous decision about whether borrowers can stay in their homes.  The Bartram decision determined that mortgage lenders can file new foreclosures against borrowers who won their cases more than five years ago, if the borrower defaulted again within five years of the first case’s dismissal.  That is, if the case was dismissed on the merits, and the borrower has still not make a  payment, then the bank can foreclose again, even if five years has passed since that dismissal.

In the Bartram case, the homeowner argued that the banks were limited by the statute of limitations, which is five years.  The Supreme Court however, carved out an exception to the five year statute of limitations.  The Supreme Court ruled that if the borrower had not paid the mortgage in over five y ears, then the bank could still foreclose.

If you are a homeowner whose foreclosure was previously dismissed and the bank has not started a new foreclosure against you, or if your case is pending before the court, it is imperative that you speak to and hire an attorney to assist you.

This Bartram decision rules in favor of lenders, however, homeowners can still defend the foreclosures on numerous other grounds and if the intention is to save the home, find the manner to do so.

We are here to help.  At the Law Offices of Jacqueline A. Salcines, PA, attorney Jacqueline Salcines has been helping homeowners with their mortgage needs since 1999, and since the mortgage crisis happened in 2009, has handled over 5,000 short sales and loan modifications.  Attorney Salcines holds a dual degree in Law and Accounting, and is extremely knowledgeable in deciphering mortgage documents, assignments, mortgages, and defending foreclosures, as well as loan modifications, deeds in lieu and short sales.

Allow our experience to go to work for you.

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