While living in Miami and South Florida is a dream to many, after a hurricane hits, the damage to your home and property can be crippling. After the 2017 Hurricane Season, many South Florida homeowners lost their homes, their property and some even their jobs. Offices were closed down which affected the homeowner borrower ability to pay their mortgages.
While many banks offered a forbearance of their mortgage, many reneged on the deals and after 3 or 6 months, slapped the homeowners with a reinstatement bill, forcing many borrowers to fall into foreclosure.
Mortgages are liens against property and when a borrower stops paying their mortgage, the result is typically foreclosure. However, if you have a knowledgeable attorney in your corner, it does not have to be.
“At the Law offices of Jacqueline A. Salcines, P.A., we have been assisting homeowners with their mortgage needs for over 20 years.”
We are here to help. We offer cost effective foreclosure defense, negotiation and loan modification assistance. Whether you are six months behind on your mortgage or six years, call us. 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) 564-9255 today! Attorney Jacqueline Salcines has been handling all your real estate and business law needs for over 20 years.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00Jacqueline Salcineshttps://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngJacqueline Salcines2018-12-11 14:03:192022-12-20 13:58:58MIAMI FORECLOSURE LAWYER – DEFENDING AGAINST THE BANK AFTER A HURRICANE
DYCK O’NEAL LAWSUITS FOR FORECLOSURE MORTGAGE DEFICIENCY BALANCES
DEBT SETTLEMENT ATTORNEYS
Dyck O’Neal continues on the prowl for South Florida debtors. Not only is a privately owned debt collection company filing foreclosure and short deficiency lawsuits in Florida, but now they are actively transferring judgments from out of state foreclosures, to Florida. Dyck O’Neal, a company who was approached by Fannie Mae years ago, bought up thousands of stale foreclosure judgments in Florida and across the country, and filed suits at the 11th hour, when the statute of limitations was about to run out.
But debtors should know that even if you receive collection letters from Dyck O’Neal or are sued for the balances on debt they purchased, these suits can be defended and can be won. Numerous defenses exist including the statute of limitations as well as practices under the Fair Debt Collections Act. If unlawful, some of these suits or collections can be extinguished all together. If valid, they can be settled for pennies on the dollar. But you must act timely. If you are served with a lawsuit by Dyck O’Neal, you will have twenty (20) days to respond. That means, 20 days to hire a lawyer to review your complaint and file a Motion representing you.
That’s where the Law Offices of Jacqueline Salcines, PA comes in. We have fought these Dyck O’Neal suits and settled them for pennies on the dollar. Often, the homeowner is protected under the Foreclosure Act, and Dyck O’Neal must walk away. Other times, they settle for pennies on the dollar.
It helps to have an attorney who is familiar with Dyck O’Neal suits, and how to litigate and fight them. At the Law Offices of Jacqueline A. Salcines, P.A., we have been assisting borrowers with their deficiency lawsuits and their debt settlement for over 17 years. You have the right to settle your debt for potions of what you owe. We are here to help and protect your rights.
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. 305.564.9255 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
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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
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DO BANK’S HAVE STANDING TO BRING SUIT WHEN THEY HAVE LOST THE NOTE OR WERE NEVER IN POSSESSION OF IT TO BEGIN WITH?
The recent ruling under Creadon v. U.S. Bank N.A. 166 So.3d 952 (Fla. 2nd DCA 2015), says NO. This case involved BancMortgage Financial Corporation, the lender who foreclosed against two homeowners under the theory of a lost note. The lender never held the note but tried to produce evidence at trial, through one of the bank employees, and through a limited power of attorney, that the bank held the note by virtue of an executed assignment.
While no one disputed that the homeowners were in default, the issue was whether there was enough evidence to warrant substitution as Plaintiff and prove that U.S. Bank had standing to enforce the note. It proceeded solely on the theory that it was the “holder” of the note and therefore had the right to foreclose.
In this case, however, a foreclosure had been filed previously. Under that previous filing, the original note had been filed in the registry of the court years before. Without the return to U.S. Bank of the original note, it could not have been holding the note or been what is referred to as “nonholder in possession” with standing to foreclose.
The court held that U.S. Bank failed to present sufficient evidence that it had standing to foreclose the note. Unable to prove their right to sue, the court ruled in the homeowners favor.
If you need assistance with a foreclosure, contact us. At the Law Offices of Jacqueline A. Salcines, PA, we are here to help you with your foreclosure so you don’t lose your property.
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-07-11 18:02:002016-07-11 18:02:00LEGAL STANDING IN FORECLOSURE UNDER A LOST NOTE
Recent months have experienced an avalanche of Dyck O’Neal suits. Whether for deficiency balances after short sales or foreclosure auctions, or whether collecting on a foreclosure judgment, borrowers are worried when receiving these lawsuits. What you need to know is that as a borrower, YOU have rights. On July 1, 2013, the Florida legislature passed the Fair Foreclosure Act (HR87) which limited the time period for which the judgment creditor could sue from 5 years to 1 year.
For judgments entered prior to the enactment of the new law, the deadline for filing a deficiency suit was July 1, 2014.
If you are receiving letters, calls or have been served with a lawsuit by Dyck O’Neal, call us immediately. The faster you act, the easier it is to assist you. At the Law Offices of Jacqueline A. Salcines, PA, we are here to defend and protect your rights!
Jacqueline A. Salcines, Esq., the firm’s lead attorney brings extensive knowledge and expertise with these deficiency collection matters and lawsuits, particularly with Dyck O’Neal, as well as 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
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-07-11 10:33:522022-12-20 13:59:07DYCK O’NEAL LAWSUITS ON THE RISE
Unlike many states, in Florida if you are sued for a deficiency balance (the difference between what your home sold for in foreclosure auction versus what the final judgment amount stated you owed) borrowers and homeowners have rights. On July 1, 2013, the Florida legislature passed the Fair Foreclosure Act which limited the time period for which the judgment creditor could sue from 5 years to 1 year.
For judgments entered prior to the enactment of the new law, the deadline for filing a deficiency suit was July 1, 2014.
If you are receiving letters or calls from Dyck O’Neal trying to get you to pay on this so called debt, you have rights. At the Law Offices of Jacqueline A. Salcines, PA, we are here to defend and protect your rights!
At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise with these deficiency collection matters and lawsuits, particularly with Dyck O’Neal, as well as 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
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-05-19 10:51:012022-12-20 13:59:07ARE YOU BEING SUED BY DYCK O’NEAL?
MIAMI DADE LOAN MODIFICATION AND FORECLOSURE ATTORNEYS
The Federal Housing Finance Agency (FHFA) announced last week a new program to significantly reduce and forgive mortgage principal balance for delinquent Fannie Mae and Freddie Mac loans. The impact of the program is expected to assist underwater homeowners that are still struggling with mortgage payments, high interest rates, and inability to refinance because of lack of equity.
Approximately 33,000 homeowners will be eligible for the program. Applicants must be:
Primary Residence applicant;
Fannie Mae or Freddie Mac loan;
90 days or more past due on the mortgage as of March 1, 2016;
Mortgage outstanding unpaid principal of no more than $250,000.00
The program will more than likely result in many borrowers reaching out to lenders to see if they qualify.
If you feel you can benefit from this program, and meet the requirements above, at the Law Offices of Jacqueline A. Salcines, PA, we are here to help.
We are 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 16 years experience in the foreclosure, mortgage and real estate field as well as 20 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
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-04-19 10:17:132022-12-20 13:59:08MORTGAGE PRINCIPAL REDUCTION UNDER NEW PROGRAM
So, the Third District Court of Appeal has finally reached a decision in the Deutsche Bank v. Beauvais case, and it is not favorable to borrowers. the Court sided with Lenders in prolonged foreclosure cases. In essence, the Opinion by the Court of Appeals allows lenders to pursue foreclosure cases, even after the 5 years after nonpayment have expired. The Third DCA now agrees with the Fifth DCA finding that a missed mortgage payment after an initial failed foreclosure lawsuit stats the five-years all over again.
This ruling will allow lenders to pursue foreclosures and sides with the Supreme Court in Singleton v. Greymar Associates.
Singleton is a landmark ruling that allows lenders to bring foreclosure suits even after courts dismiss earlier foreclosure suits with prejudice. It holds that new defaults AFTER unsuccessful foreclosure suits creates grounds for re-filing, or re-suits. It also makes no distinction between foreclosure cases where lenders accelerated their loans to collect full payment and other, and allows lenders to maintain separate actions for defaults occurring even after acceleration.
The ruling in essence means borrowers who win in foreclosure must make payments under their loan contracts, or lenders can move to foreclose after any subsequent breach.
If you are unsure whether your foreclosure can be defended, or are facing foreclosure and require the assistance of a knowledgeable attorney, call the Law Offices of Jacqueline A. Salcines, PA.
We are happy to explain the Court’s decision in length and see if you are protected under the new ruling.
For more information, call to speak to real estate attorney Jacqueline Salcines, PA, today. She holds a dual degree in both accounting and law and can provide both tax and legal advice. The first consultation is always free of charge. Or email attorney Jacqueline Salcines directly your real estate question at J.Salcines@salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-04-14 10:35:022022-12-20 13:59:08FORECLOSURE 5 YEAR STATUTE OF LIMITATIONS AFTER BEAUVAIS
Hard to believe that with the double digit increase in real estate values in Florida, many homeowners still find themselves underwater with their mortgages, but this is a fact. Victims of overextended credit limits, overinflated home appraisals during the mortgage crisis, and rising taxes and forceplaced insurance, has caused many homeowners to simply not be able to come out from below the water. In fact, many that entered into loan modifications during 2009 and 2014, may be about to default again on their loan modifications due to the increase in interest rates scheduled for the fifth year under the Making Home Affordable Program, or an increase in the required monthly escrow.
While foreclosures in Miami and Broward are at the lowest levels we have seen for years, we are experiencing a new wave of foreclosures from the above borrowers, that tried to make ends meet and meet their financial obligations but with rising taxes and insurance, or a loss of a job, or loved one, can no longer sustain their mortgage payments. This leads to a brand new filing of a foreclosure against these homeowners, and often forgiven debt under the Making Home Affordable Plan is recalculated into the mortgage balance, sending some to be underwater again.
At the Law Offices of Jacqueline A. Salcines, P.A. our dedicated team of foreclosure defense attorney and consumers rights advocates fight shoulder to shoulder with these lenders to protect our clients rights and properties. The aim is to stop foreclosure and the abuses of the mortgage industry by holding lenders accountable for their actions. We practice:
Foreclosure Defense
Commercial and Residential Foreclosure
First and Second Mortgage loan settlement and forgiveness
Loan Settlement
Short Sales
Loan Modifications
Credit Card Debt and Settlement
Debt Collection Abuse
Unfair Collection Practices
HAMP and Internal Modifications
HELP FOR STRUGGLING HOMEOWNERS IN FLORIDA
Whether you find yourself in a current foreclosure, or whether your default of your mortgage is imminent and you wish to plan and strategize all options available before you default, one call can make the difference.
At the Law Offices of Jacqueline A. Salcines, P.A., attorney Jacqueline A. Salcines, has over 15 years experience in the mortgage and real estate law industry. She is an accountant having practiced prior to becoming an attorney. Having an exclusive and extensive background with accounting and business law, as well as mortgages, provides the cutting edge difference when settling the accounts with lenders. “Knowing what a lender can and can not do makes all the difference in the standpoint of a negotiation”. Often lenders in foreclosures are bluffing that they have the note or that their assignments are valid and when pushed against the wall and taken to trial, cases get voluntary dismissals. “This is what we hope for our clients.”
“At my firm, we do not practice delay tactics or the buying time technique that many attorneys do while charging their clients monthly. Rather, I personally sit with the client and explore their needs and desires, while running their financials to see what they qualify for. Our foreclosure defense is foreclosure defense with a result in mind. I will review the complaint, often audit the loan package to see what advantages we have to win at trial. That is the strategy. Not mere delay to then push a bankruptcy on the client.” Says Jacqueline Salcines, Esq.
Call us today for a free foreclosure defense and strategizing session. The first consult is always free of charge and can provide the know-how and options that perhaps many borrowers do not know are available to them.
The foreclosure crisis is on the rise again in South Florida. However with the right team behind you, the foreclosure crisis can be averted.
Once a lawsuit in foreclosure is filed, a defendant has 20 days to file an answer. However, the service must be proper in order to be valid. Florida Rules of Civil Procedure require a process server, and not the Plaintiff, to serve the Defendant. Service must be performed by personally finding the defendant and handing them the foreclosure complaint. This can be done at either the residence, place of employment or any other place where the Defendant is found. If at the residence, it does not need to be served on the named Defendant but can be served on anyone over the age of 16 that opens the door.
If the Defendant is married, the spouse must also be served, and can also accept service on behalf of the other spouse.
After three unsuccessful attempts at service, the Plaintiff can serve by publication. This typically means that the lawsuit notice is published in the Daily Business Review for three consecutive weeks, and then the defendant is considered served. Often, however, the Defendant does not read this newspaper and therefore does not know that the 20 days has started.
If the above rules were not followed however, for example, someone under 16 accepted, or the notice was published without the proper three days attempt, then the service of process can be dissolved or “quashed” forcing the Plaintiff to reserve the defendant properly.
If you suspect that you have been served by publication, the best way thing to do is speak to an attorney in order to run your docket and advise if an Affidavit of Service and three attempts appears in the docket. The clerk of court online site, for instance the Miami Dade Clerk or Broward Clerk, both have online sites where the docket can be reviewed and service or publication verified.
Otherwise, speak to an attorney to assist and guide you. The first consult is always free of charge.
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