SOUTH FLORIDA HOA LIEN AND DEBT SETTLEMENT LAWYER

Over the past 20 years, working as a South Florida real estate lawyer, I have seen my share of condominium and homeowner association liens resulting in foreclosures against my clients.  Condominium and Homeowner Association liens have the power to attach to your property and cause you to lose your property and should be taken seriously. Even if $100.00 past due. The Condominium can easily foreclose and leave you out on the street.

Luckily, HOA lien law is strict, and Florida Statutes, particularly §718.121 protects property owners.

A quick look at the lien statutes reveals all the required language that must be contained in the lien. The lien must have the association address, not the attorney address filing it.  The lien must also have the breakdown of amounts due and be accurate.  Florida Statutes §720.3085 also requires that the lien be served upon the homeowner, prior to filing suit.  The suit can not be filed until 30 days after it is served.

To win against the HOA lien foreclosures, you have to start by hiring the right attorney.

Often associations make errors in their billing, don’t provide the proper credits, accounting errors are made that shows misapplied funds.  And, if the condominium or regulating documents do not permit such charges, the condominium association or homeowner association can not bill the homeowner at all!

 

At the Law Offices of Jacqueline A. Salcines, PA, we have over 20 years experience assisting homeowners with their  HOA liens, and condominium liens. The most important step and first step is to make sure you are represented by an attorney that is familiar with your area.

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 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

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

REAL ESTATE ATTORNEY  – MIAMI

With its single taxation for residents, homestead exemption protection, booming tourism ,and wonderful climate, Florida has long been a desirable state for buyers, sellers and real estate investors.

Florida is also a tax-friendly state for real estate investors, providing one more reason to put your property investment dollars in the Sunshine State. Here’s what you need to know about buying your first home in Florida.

Buying your first home

Today’s millennial face ever-growing and complex challenges on the path to home ownership.  Credit checks, student loan debt, lack of credit or bad credit, overpriced homes and not enough funding from lenders.

At the Law Offices of Jacqueline A. Salcines, PA we have been assisting first time home buyers for over 20 years.  Starting with finding the right lender or mortgage broker professional to pre-qualify the loan, we work side by side with companies to connect you to the right individual to suit your particular lending needs.

We can assist you with finding the right property and then creating the correct As Is Contract for Residential Sale and Purchase, or perhaps a new development or other type of contract.  By holding your hand during the contract preparation and review, you are 100% protected so that  nothing can go wrong.

As your real estate lawyer, we are here for you to then request and review inspections and inspection reports, surveys, and other matters that come up during the closing.  We also protect your bottom line in making sure you can get any first time home buyer credit, as well as any tax credits available to you.  To then finally get you, a first time home buyer,  to the closing table and in your dream home.

Buying real estate is exciting but also can be complicated and risky.

Choosing a real estate lawyer and title company that is one and the same, as we are at Jacqueline A. Salcines, PA, you, as first time home buyer, or any buyer in general,  are protected and start off on the right foot.

If you are a first time home buyer, interested in real estate investing in Florida, consult with us today  to learn how you can take advantage of our 20 plus years of knowledge.

By navigating around the tax laws and benefits of investing in Florida,  we are here to help you.

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 20 years experience including holding a dual degree in Accounting, her broad knowledge of REAL ESTATE LAW serves to aggressively protect and defend our firm’s clients, foreign investors, real estate buyers and sellers.

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

REAL ESTATE ATTORNEY  – MIAMI

With its single taxation for residents, homestead exemption protection, booming tourism ,and wonderful climate, Florida has long been a desirable state for real estate investors.

Florida is also a tax-friendly state for real estate investors, providing one more reason to put your property investment dollars in the Sunshine State. Here’s what you need to know about Florida’s tax laws as a real estate investor, as well as an overview of how Florida’s tax system works for real estate investing.

Florida Income Tax on Real Estate Investing

Alongside Nevada, South Dakota, Washington, Wyoming, Alaska, and Texas, Florida does not collect personal income tax. That doesn’t mean you won’t pay income tax to the IRS for federal taxes, but it does mean you will  pay less overall income tax in Florida.   Even if you don’t live in Florida, you can benefit from the state’s lack of income tax as a foreign investor in real estate.  Here’s how:

When conducting real estate transactions, collecting rent, or earning commercial property dividends from a Florida real estate investment, you will be taxed at the state’s franchise rate if you operate as a “C” type corporation. You can get around this by filing as an “S” corporation, but there are still easier ways to escape business taxes in Florida.

#1 Sole Proprietorships and Partnerships

Sole proprietorships are defined as businesses owned by a single individual, and in Florida there is no distinct business or corporate tax on sole proprietors. And since there is no income tax leveraged on individuals in Florida, you can invest in real estate as a sole proprietor without paying state income tax.

The same goes for partnerships; Florida does not leverage a state-specific tax on partnerships. And while most states tax the revenue generated from partnerships, Florida does not. This means you can invest in Florida real estate as either a sole proprietor or partnership without paying state income tax.

#2 LLC

Though perhaps a little more confusing, operating as an LLC in Florida can still afford real estate investors the benefit from Florida’s lack of an individual income tax. But, the LLC has to be setup properly to enjoy this tax benefit.

To form an LLC in Florida while living in another state, you’ll need an agent living in Florida to serve as a “resident agent”. If your LLC is composed of multiple members, it will usually be treated as a partnership for tax purposes, meaning you will not pay state income tax. Furthermore, if you are the only owner in your LLC, it will be treated as a “disregarded entity”, and you won’t pay state income tax.

Be aware, though, that it’s possible to setup an LLC so that it’s treated as a corporation under Florida’s tax code, which would result in paying Florida taxes. So, use a professional to setup your LLC to avoid paying Florida income tax.

Watch Out for These Complications

Florida’s lack of a personal income tax makes it a great place for real estate investors to conduct business. However, there are a few ways this picture can be complicated by external factors.

First off, depending on what state you live in, your state may leverage an income tax on income generated out of state, even if that income comes from a non-taxable legal entity in Florida.

Similarly, if the legal entity that you’ve formed to operate in Florida conducts business in other states, you may fall victim to “nexus” based taxes. “Nexus” exists when a business operates in more than one state, and the rules and regulations for businesses that fall into this category are extremely complicated. Again, consult tax and legal professionals before doing anything relating to taxes and real estate investing.

Things To Consider Regarding Out-of-State Real Estate Investing

From a tax perspective, there are numerous benefits for real estate investors in Florida. But if you live outside of Florida, there are logistic concerns to keep in mind.

Anytime you invest in real estate outside your home area, you need to do a great deal of out-of-town research to learn where to purchase investment properties. Plus, from a financial perspective, managing properties and tenants from long distance can be impractical, besides dramatically cut into your profits.

The solution, then, is to use a real estate attorney and local realtor.

There are major tax benefits for real estate investors in Florida, compared to most every other state.

If you are interested in real estate investing in Florida, consult with us today  to learn how you can take advantage of Florida’s tax laws. Hopefully, you can significantly increase your profits by avoiding state income tax in Florida.

By navigating around the tax laws and benefits of investing in Florida,  we are here to help you.

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 20 years experience including holding a dual degree in Accounting, her broad knowledge of REAL ESTATE LAW serves to aggressively protect and defend our firm’s clients, foreign investors, real estate buyers and sellers.

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

A TEAM OF EXPERIENCED ATTORNEYS SERVING THE MIAMI AND SOUTH FLORIDA AREAS

At the Law Offices of Jacqueline A. Salcines, PA, we believe in providing excellent legal service for individuals and businesses here in the Miami and Ft. Lauderdale and South Florida area. In South Florida, we are the international gateway to many countries, including China, Venezuela, Brazil, as well as Latin America, looking to invest in our booming real estate market.  We provide  legal representation for buyers and entities who seek help with real estate law and business law.

At Jacqueline A. Salcines, PA, we pride ourselves with providing top tier  quality customer service.

We offer a full array of real estate, title, closing and escrow services for the international investor.

Whether the investor is looking to create an LLC, or other entity to purchase property, as an Accountant, Business law and real estate lawyer, as well as a licensed realtor, attorney Jacqueline A. Salcines has the skills to identify the best entity to serve the client’s needs (either LLC, SCorp, C Corp, etc) and then we can create the entity and register with the State.

We also provide a full array of closing services, including title search and examination, escrow services, contract preparation and review, and all the real estate services required to get you from contract to closing.

We are also well versed in assisting investors with the Tax, ITIN, FIRPTA and other reporting and tax requirements.

We take the time to listen to out clients  so we can offer the most effective solution. We know that every legal situation is different. We want to know what brought you to us and how we can help.

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 your real estate law needs  for over 20 years.
 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

SOUTH FLORIDA REAL ESTATE AND MORTGAGE CLOSING LAWYER

 

FHA/VA loans and Jumbo Loans have changed.  If you are a foreign national borrower or self employed, it is also now easier to get a loan, with stated income or stated asset programs available.

Maybe you are looking into a reverse mortgage?

Or a refinance?

Conforming loan limits for 2019 have increased:

1 unit   $484,350.00

2 unit   $629,200.00

3 Unit  $749,650.00

4 Unit  $931,600.00

 

For a 30-year fixed rate, interest rates are as low as 4/25%.  And a 15-year fixed rate mortgage on a loan is as low as 3.75%,  as of January 7, 2019.

Don’t While. Consult today. Living in Miami and South Florida is a dream to many,  buying a home and purchasing real estate is a scarry decision, and  often is one of the biggest purchases you will make in your life.

Always hire the services of a real estate lawyer owned title company to help you navigate the mortgage and closing world.

A real estate attorney in Miami, is there to work for you and to protect your interests.

Services we offer include:

  1. Checking mortgage documents for any hidden terms the buyer will need to know about to make an informed decision.
  2. A real estate lawyer can also help in negotiating the mortgage terms with the lender or bank.
  3. Reviewing the inspection reports required by all mortgage companies, and renegotiating the price based on such inspection reports and its findings.
  4. Checking the title for encumbrances to ensure there are no others who hold an interest in the home and could be in a senior position to the seller. The lawyer will endeavor to ensure the buyer gets full title to the property before any closing documents are signed.
  5. Purchasing title insurance; this will protect the buyer should someone own a senior interest in the property that was not uncovered in the title search.
  6. Help the buyer understand the necessary surveys of the property.
  7. Overseeing the closing documents, and making sure that the closing goes without hitch and on time.
  8. Recording the deeds and the mortgage documents.
  9. A  real estate attorney in Miami will stand by after closure should any issues arise once the buyer has moved into the property. He or she may also advise on matters such as the $50,000 Florida Homestead Exemption.

A seller of real estate would be advised to enlist the services of a real estate attorney to protect their interests, from negotiations through to closing.

Buying a property is a huge investment and it is vital all legal matters are dealt with by professional real estate lawyers, to ensure everything goes as smoothly as possible, and there are no surprises after the sale or purchase has gone through.

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 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

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

SOUTH FLORIDA REAL ESTATE LAWYER

 

While living in Miami and South Florida is a dream to many,  buying a home and purchasing real estate is a scarry decision, and  often is one of the biggest purchases you will make in your life.  Walking into the unknown, anything could  go wrong.  That is why you should seriously consider hiring a local real estate attorney in Miami. You should also consider a real estate attorney should you wish to sell your home.

Whether you are buying or selling real estate, you will likely be required to sign a contract.  And when signing a contract,  if you don’t have a competent real estate lawyer representing you and watching your back, you could be presented with a series of issues  that you don’t know how to handle.  Only a competent real estate lawyer can sort out contracts and contract law. For example, what goes into the contract for sale? Is it possible for the seller to stay in the house for a given period after the sale date? Who is responsible for any losses due to damage after the buyer has made a cash deposit.

Most people hire a real estate broker or realtor,  without realizing the broker is paid by the seller and has a duty to protect the seller’s interests and not yours.

A real estate attorney in Miami, on the other hand is there to work for you and to protect your interests only.

Most real estate attorneys will assist you in every single aspect of your home purchase. This might include negotiations about the price. The terms to be finally included in the contract for sale, and a host of other details that need to be sorted and concluded, before the closing date.

A real estate attorney in Miami can assist the purchaser, buyer or seller in matters including drafting, reviewing, and inserting clauses to protect the buyer during negotiations and supporting the seller in negotiations if required.   Other services we offer include:

  1. Checking mortgage documents for any hidden terms the buyer will need to know about to make an informed decision.
  2. A real estate lawyer can also help in negotiating the mortgage terms with the lender or bank.
  3. Reviewing the inspection reports required by all mortgage companies, and renegotiating the price based on such inspection reports and its findings.
  4. Checking the title for encumbrances to ensure there are no others who hold an interest in the home and could be in a senior position to the seller. The lawyer will endeavor to ensure the buyer gets full title to the property before any closing documents are signed.
  5. Purchasing title insurance; this will protect the buyer should someone own a senior interest in the property that was not uncovered in the title search.
  6. Help the buyer understand the necessary surveys of the property.
  7. Overseeing the closing documents, and making sure that the closing goes without hitch and on time.
  8. Recording the deeds and the mortgage documents.
  9. A  real estate attorney in Miami will stand by after closure should any issues arise once the buyer has moved into the property. He or she may also advise on matters such as the $50,000 Florida Homestead Exemption.

A seller of real estate would be advised to enlist the services of a real estate attorney to protect their interests, from negotiations through to closing.

Buying a property is a huge investment and it is vital all legal matters are dealt with by professional real estate lawyers, to ensure everything goes as smoothly as possible, and there are no surprises after the sale or purchase has gone through.

“The Law office of Jacqueline A. Salcines, P.A.  offers free legal advice.  In order to have your matter considered, call us.  Or come and interact with us on Facebook, Instagram and Twitter.”

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 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

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

SOUTH FLORIDA REAL ESTATE LAWYER

If an AS IS Contract for Purchase and Sale of Real Estate falls through, who is entitled to the deposit?  Often realtors send over a Release and Cancellation form, wanting the seller to simply release the deposit, when the buyer has breached the contract and not met their end of the bargain.

Issues such as non-approval by a Condominium Board or Homeowners Association, inspections and repair matters, denial of credit due to financing or the building not being FHA or approved, all arise and lead to the buyer wanting to cancel the contract.

The Real Estate Contract however calls for strict timelines as to when a buyer can cancel and how they are entitled to. There is also procedure in place as to how to communicate the buyer wishes to cancel and a timeline.

If the buyer does not follow proper procedure, they can simply forfeit their deposit and the seller would be entitled to it.

In my practice, I  represent both buyers and sellers and their attempts to go after deposits they feel are rightfully theirs.  A cursory review of the real estate contract however, may reveal that the buyer or seller did not do what they were required to, either by the lack of advice by their lender or title company and then they have forfeited the deposit or their right to pursue it.

At the Law Offices of Jacqueline A. Salcines, PA, we have over 20 years experience assisting both real estate buyers and sellers with the negotiation of deposits and entitlement to them.  The most important step and first step is to make sure you are represented at closing and throughout the real estate transaction by an attorney.

If you have a real estate or earnest deposit issue on a real estate transaction, 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 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

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

SOUTH FLORIDA

LANDLORD/TENANT LAWYERS

 

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 landlord tenant matters for 17 years.

 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

Nothing quite compares to owning your own home or investing in real estate.  In fact, for many, this is the single most expensive investment made in their lifetime.  And Florida’s residential and commercial real estate markets have certainly experienced an incredible turn around and appreciation from just 4 to 5 years back.  And  yet, with real estate being one of the most ways to obtain a high return on investment, not all potential buyers entering the real estate market have the know how or financial capacity to buy real estate.

When first entering the real estate market, the best advice is to hire a real estate attorney to have in your corner, not only to protect you when entering into the contract, but to assist with your financing, pre-approval and locating a property as well.

If your purchase requires financing, the first thing to do is fix your credit as much as possible. Once your credit is good, you can either go to a local bank or mortgage broker to see what amounts you qualify for.  Knowing this will narrow your search for properties and zip codes.

Once you know how much you are eligible to borrower, it then turns on locating the property that fits your needs.  You can enlist the services of a realtor or a real estate attorney acting as a realtor, as we are, in order to locate properties on the MLX and set up viewings. After you select a property, the remainder gets complicated.  You will have contract offers, and down payments, reviews of sellers disclosures and inspections.

The list goes on and on.  And the best advice is always, hire an attorney to hold your hand and walk you through it.

Hand with a house key.

At the Law Offices of Jacqueline A. Salcines, PA we make purchasing your home easy.  We will guide you through the whole process, from contract preparation to closing. we are there for our clients.

office_outside-med

At the Law Offices of Jacqueline A. Salcines, PA, our real estate lawyers help business owners, individuals, buyers, sellers, tenants, landlords, and investors. We provide sound business advice to people and businesses looking to invest in real estate, real estate development, property management, lending, and property ownership.  Our law firm represents individuals and businesses in South Florida, throughout Miami-Dade, Broward, Monroe and Palm Beach Counties in real estate matters.

Call us today for a free consultation.

We are always a phone call away.  Tel. 305.669.5280

Or email us with your questions.  J.Salcines@Salcineslaw.com

TRUST  |   COMMITMENT  |  RESULTS

Escrow Deposit Disputes

House and law

Jacqueline A. Salcines, PA is a South Florida based law firm experienced in handling escrow deposit disputes. Its business attorneys and real estate lawyers have provided guidance and legal advice to clients in the Miami Dade,  Broward, Palm Beach and Monroe County areas that have been essential to the resolution of numerous escrow disputes.

An escrow dispute arises when a buyer, who has placed a deposit on a real estate contract, demands the return of their deposit after either the seller breaches, or they do.  Anytime a real estate sales contract fails to close, a dispute as to who is the rightful owner of the deposit can arise.  While often the buyer cancels on time and entitled to the return of the deposit, often the seller is not agreeable.  The title company must then hold the escrow funds in “Trust” until the parties resolve their disputes.  Often time, a resolution out of court can not be obtained, and the parties must litigate in court for the Judge to determine who is the rightful owner of the escrow deposit.

For individuals and business entities in the South Florida area, Jacqueline A. Salcines, PA is the firm for you. With the necessary skill and knowledge of the law and  a personalized approach to every client, we are here to help.   We listen, understand, and take action based on our client’s needs.

What Florida Law Says About Escrow Deposit Disputes

The Florida Statues and Administrative Rules provide procedures on how disputes should be handled. Meanwhile, the Florida Real Estate Commission (FREC) dictates the action of brokers with regards to escrow disputes.

Florida Statute requires the broker to return the escrow at the time dictated by the law. But if he or she doubts if the recipient is entitled to it, the broker should immediately notify the FREC. He or she is then given thirty business days to begin settlement procedures that will determine who the escrow deposit shall be released to.

Doing this without legal counsel is not only daunting; it puts a dent on an individual or company’s

Contact the Law Offices of Jacqueline A. Salcines, PA if you are facing any type of escrow dispute.  We are a phone call away.

Offices located in Coral Gables

Salcines064

Tel:  305 669 5280

Fax: 305 669 5283

Email: J.Salcines@Salcineslaw.com