On June 17, 2013, Governor Rick Scott signed into law House Bill 87, known as Chapter 2013-137, which changes the procedure for ???? Vol.5 ??????the filing and processing of foreclosures by lenders in Florida.  In the advent of so much foreclosure fraud committed by Plaintiff banks, and bank’s attorneys, the bill favors the homeowners and requires additional safeguards by the lenders and their counsel when filing foreclosure lawsuits against homeowners.

The law creates Florida Statutes §702.015 that in essence requires additional checks and balance by the lender by their counsel filing suit, in order to move the foreclosure through the court.  While once complete, the foreclosure will go through more rapidly than previously, to get it through requires more work and diligence on the part of the lender.

The following is just some of the key changes made with this bill:

  1. Lender must affirmatively allege in the body of its foreclosure complaint that it is the holder of the original note secured by the mortgage.  If not, then they must include paragraphs alleging how it is that it is entitled to enforce the terms of the note (owner, holder, servicer)
  2. If the party bringing suit has been given authority by the holder to bring the action against the borrower, the complaint must detail the exact authority granted and identify the specific document that grants this servicer the authority.
  3. When the Plaintiff is the holder of the note, the Note must be attached to the complaint AND there must be a certificate or verification stating that “under penalties of perjury” it possesses the original note and provide specific details as to where it is, the exact physical location of it and Plaintiff’s verification of it.
  4. If the note has been lost, the Plaintiff must execute an affidavit that “under penalties of perjury” it has been lost or stolen, and include (a) a chain of all endorsements, assignments or transfers of the note; (2) facts showing the Plaintiff is entitled to enforce it; and (3) enclose copies of the note, allonge or other physical receipt of the original note evidencing ownership and possession.

If any of this is missing, the Defendant homeowner is in a great position to file a Motion to Dismiss and have the complaint in foreclosure dismissed for Plaintiff’s failure to comply with law.

Your best defense against foreclosure is to have a knowledgeable attorney review your documents and protect your rights and defenses against the lender before its too late.

We are a phone call away.




TEL. 305. 669. 5280


Home Foreclosure document and legal gavelLanguage in almost every single Mortgage requires that your lender send an “Acceleration Letter” or “Notice of Intent to Accelerate” or more commonly known as the “Default Letter” with very specific language before they can foreclose or initiate foreclosure against you in court for non-payment or default of a mortgage. Standard Fannie Mae and Freddie Mac mortgages contain this language in paragraph 22 of the mortgage instrument. However, depending on who was your lender and the type of loan, the language may be found elsewhere.

The reason this is important is that the law affords the homeowner a chance to reinstate the loan, and bring it current before the foreclosure is started.  It also alerts or puts the homeowner that has defaulted on their mortgage, that the lender bank can take their home away in order to satisfy the debt that is owed under the Note and Mortgage.

The specific requirements of the acceleration notice are spelled out in Paragraph 22 of the mortgage.  That is the notice must:

  1. specify that the borrower is in default;
  2. specify the action required to fix or cure the default;
  3. specify the date, not less than 30 days from the date of the letter, by which the default must be cured; and,
  4. specify that failure to pay the loan and cure the default, may result in the full balance being owed at once (acceleration).


The most overlooked requirement by the lenders is that they fails to clearly state that the action required to cure the default is pay “a specific amount”.  Even if payment becomes due during the default, the borrower must know the exact amounts necessary, including late fees or otherwise, to bring the loan current.  The lender usually omits this or includes the wrong amount.

Or, the lender states “call us to obtain the exact amount owed”  The mortgage requires that the letter itself identify “the action that is required”.

In Florida, many lenders either do not sent this letter, do not send the letter with the correct language, or the wrong entity sends it.  The loan may have already been assigned and the letter comes from a prior owner of the note that no longer has the right to collect on the loan.

This error by the lender, results in immediate affirmative defenses that the borrower can claim in order to defend the foreclosure lawsuit and protect themselves so they do not lose the home or property.

If you face foreclosure and are unsure whether your lender has provided you with the correct acceleration notice, contact us today to review it and provide accurate legal advice as to your defenses against foreclosure.



TEL.  305 | 669 | 5280



At my firm, we have processed over 250 short sales to date and the numbers keep growing.  With so many borrowers upside down on their mortgage, second mortgages, SBA loans and a myriad of liens and judgments on the property, faced with a foreclosure sale, they think their options are limited and throw in the towel.

The truth is that almost right up to the date of the sale, the foreclosure sale date may be cancelled by us to allow a short sale to be negotiated, that could eliminate the entry of judgment against the homeowner/borrower.

In Miami-Dade County, up to 48 hours before the sale, a Motion to Cancel the Sale can be filed and with proof in hand of the property being listed for sale or a short sale contract, the Judges will hear the argument and almost always, allow for a 90 to 120 day extension to permit the homeowner to find a resolution and avoid the judgment.

So whether you are short selling or attempting a loan modification or deed in lieu, do not let a pending foreclosure sale date deter you from finding a solution.

At my firm, we can file the motion electronically on your behalf and get your day in court.

The fee is minimal and the result could be avoiding a judgment and sale of the home in the foreclosure auction.

Call us today for a free consultation.



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


Loan Modification Green Road Sign with dramatic clouds and sky. Recent changes in the handling of FHA loans under the Making Homes Affordable Program  under the Home Affordable Modification Program, has now made it significantly easier for underwater homeowners with FHA loans to qualify.  Many obstacles and requirements were removed, making those with FHA loans that were previously turned down or ineligible to now qualify.  These key changes have paved the way for millions of borrowers who were once denied, to now be eligible for a loan modification under the Home Affordable Modification Program / Making Homes Affordable.

These significant changes explained in detail under the United States Department of Housing and Urban Development (HUD) Mortgagee Letter 2012-22 requires that “lenders must begin to assess mortgagors in default under FHA’s loss mitigation priority order and policies herein” within 90 days of the letter which is dated November 16, 2012.

What do the key changes mean for borrowers?  Well, among other things the following:

1.   Eliminates the requirement that the mortgage be no more than 12 months past due.  This was one of the most significant changes. Previously, on FHA loans that borrowers had stopped paying and tried to obtain a loan modification under the Making Homes Affordable, if they were more than 12 months past due, they were turned down as ineligible.  This is now removed and the borrowers that  need the most help may now apply and qualify.

2.  Permits Borrowers who defaulted on a prior Modification Trial Period to re-apply under FHA-HAMP.  Previously, HAMP was considered a “once in a lifetime” modification. If a borrower was lucky enough to get it once, but inadvertently failed to make a payment or a change in circumstance caused them to default, they were not permitted to reapply. Rather the lender could only consider them for an in house modification at the lenders discretion.  Now, borrowers that have defaulted on a prior trial period are free to reapply.

3.  Eliminates the FHA-HAMP Back End Debt-to Income Ratio requirement of 55 percent.  This is a calculation that we make in our office to determine if a borrower with an FHA loan is eligible.  Primarily, the borrower would not be considered and would be ineligible for a HAMP modification if his or her monthly housing costs including PITI (principal, interest, taxes and insurance) consisted of more than 55% of their monthly gross income.  Now, this rule is removed and borrowers who were once turned down may now qualify.

These are just a few of the changes made under the FHA Mortgage Relief/Loss Mitigation new rules.  As always, we encourage homeowners to speak with qualified professionals such as our firm to see whether you qualify before submitting documents to the lender.

Often times, borrowers believe they know how to fill out the RMA (Request for Modification and Affidavit) forms and do so, only to be turned down by the lender after months and months, because the calculations were done incorrectly.

At my firm, we have the privilege of possessing computer  programs with built in calculations used by the Making Homes Affordable and Home Affordable Modification Program which allow us to qualify individuals right in our office.  Once we run the numbers and know what the borrower is eligible for, we know exactly what the lender is or is not required to do.

This is how we have been able to modify such a large number of client loans with great satisfaction.

Call us today for a free consultation.  Our reviews speak for themselves!



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


Social Media and Team Building for Real Estate Brokers Many homeowners today are very confused, awaiting the approval of a loan modification or short sale, only to receive notice from their lender that the loan servicer or the servicing of their loans is now going to be handled by another bank or lender.  The change in servicing or notice of servicer change is becoming more and more common these days and affect pending loan modification applications on non approved loan modifications and pending unapproved short sales.  Even if one has entered into the trial period of a loan modification, the new servicer can slam the brakes on and cancel the entire modification.

Often times, a call to the new servicer from an attorney handling the loan modification or short sale, may do the trick and force the bank pick up where it left off.  Other times, the servicer will simply not budge, and advises that it must start from scratch.  But when are they telling the truth or not?

The most important advice from a lawyer handling loan modifications and short sales on a daily basis is to “know  your rights and know your options. ”  Jacqueline A. Salcines, Esq.

A change in servicer will not change any of the loan terms as far as interest rate, principal or amortization schedule (years left on the loan).  However, everything else is fair game for change.

Often, this leads to a very frustrating situation for the homeowner borrower, having to start from scratch on a modification that is already months and months into processing.

While some lenders like Ocwen, Wells Fargo and Bank of America are quick to start over, others can truly be frustrating and uncooperative.

Homeowners that receive a change in servicer letter should immediately contact the attorney handling their loan modification, short sale or deed in lieu so that the best action is taken on their behalf.

At the Law Offices of Jacqueline A. Salcines, PA we do this day in and day out. It is our business to know the lenders and the most accurate and time efficient manner to handle the changes in the status of our clients loans.

We are here to help with all your loan settlement, loss mitigation and debt collection needs.



Call me today for a free consulation.

Jacqueline A. Salcines, Esq.


Tel:  305 |  669  | 5280



Stacks of One Hundred Dollar Bills with Small House.This is the million dollar question asked by homeowners that are looking to sell their property in today’s market.  Many clients are visiting our offices with the notion of a short sale or loan modification. However, once we are able to run the property on the MLX and prepare a Comparative Market Analysis by square footage, the property may be worth far more than originally anticipated.  This puts the seller in either a great position to sell, or in a terrible position with a second mortgage unable to short sale or modify or sell for a profit.

If there is no equity, second mortgages can still be settled for pennies on the dollar,  thus creating equity.  Then, a regular sale, not a short sale, can be had.  A short sale requires that the property be worth LESS than the first mortgage balance.  And the balance will be what the final judgment reveals after the foreclosure, if the property was foreclosed. Only an attorney can assess the true value and determine whether it is a short sale or not.

IF trying to modify, again the primary question is what is the property worth? The existing value of the property will be the single most important factor to determine whether qualify.  If the property is not upside down, that is the mortgage balance is less than the fair market value, then the lender will typically not modify.  The loan will most probably not fall into the Making Home Affordable Program.  The homeowner is then found in a bind because they can not sell, they can not modify and they can not short sale.  The only option left is to try and negotiate the balance with the lender.

At the Law Offices of Jacqueline A. Salcines, PA, we have a staff of  attorneys, realtors and accountants, all knowledgeable in every aspect of the real estate field, to provide the most accurate and expert knowledge so that our clients can make an informed and proper decision with regard to their properties.

Call us today for a free consultation.  To see what your property is worth and whether a short sale or loan modification is in your future.

Offices in Coral Gables
Tel:  305 | 669 | 5280
Or email us at J.Salcines@Salcineslaw.com


If your foreclosure case is set for trial, or set for foreclosure sale or auction, we can assist you.  Many borrowers have found themselves against the wall with a pending foreclosure sale date and think that this is the end of the line for their short sale or loan modification, and this can not be further from the truth. Of course, the lender through their attorneys wants you to think this, but this is not the truth.

At my firm, we review the docket, we see what can be done to cancel the sale and then set the matter for hearing before the presiding Judge who can grant up to 120 days extension in order for the short sale or loan modification to go through. “I personally assess each clients file myself and if there is a short sale pending and the lender has not yet approved the file, the extension is almost always automatic.”   – Jacqueline A. Salcines, Esq.

The same is true for loan modifications.  The lender is under no obligation to stop a sale if the modification is pending or even on a trial stage.  The borrowers think they have an automatic stay and that the banks attorneys will advise the court to stop the sale. Home floating on a life preserver. Quite the contrary.  The bank attorneys push the files through without any regard to the modification, short sale or any other loss mitigation offer pending with the lender.

The result with a sale is a judgment against the borrowers for monies on a property no longer owned by them. This can result in garnished wages, levied assets, etc.

That’s why it is so important to hire the right real estate attorney to represent you in your foreclosure. Or, if you did not have representation and are at the end of the case, with a sale date looming, hire an attorney to stop the sale and buy more time so that a judgment can be avoided.

Call us any time to discuss the possibility of stopping your foreclosure sale.

Email me directly at J.Salcines@salcineslaw.com

Jacqueline A. Salcines, PA
706 S. Dixie Highway
Second FLoor
Coral Gables, FL 33146



Tel:  (305) 669-5280