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.

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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

BankruptcyHard 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.

TRUST  |   COMMITMENT  |  RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

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

706 S. DIXIE HIGHWAY

SECOND FLOOR

CORAL GABLES, FLORIDA 33146

TEL.  305. 669.5280

EMAIL:  J.SALCINES@SALCINESLAW.COM

Hands - Holding HouseYou have stopped paying your mortgage, have been served  with a foreclosure complaint, Lis Pendens, and don’t know what to do.

Although filing an Answer pro se (representing yourself on your own behalf) is better than not filing anything at all, since a reply is required 20 days from the date of service of you will be defaulted,  by filing an Answer you may waive your rights and defenses.

There are many “affirmative defenses” or objections to the complaint that can be filed on the homeowners behalf that, if done correctly, can get the entire lawsuit dismissed.  However, if something is filed and the defenses are not claimed from the beginning, then they may be waived.

The smartest strategy is to hire an attorney to assist you with the foreclosure defense.  By reviewing the complaint, lis pendens and the closing package, defenses are preserved, and the best result achieved.

Foreclosures are often times negotiated and once a settlement or other resolution is reached, it goes away. However, only a legal professional familiar with the complaint, note, mortgage and required legal attachments knows what to do on behalf of a homeowner.

Don’t go it alone.  Defending a foreclosure in court is serious and if done improperly can result in losing your home AND still owing the bank your balance of the mortgage.

At the Law Offices of Jacqueline Salcines, PA, we have over 14 years experience in real estate law, defending homeowners and obtaining the best possible outcome desired.  Whether you seek to keep your home and want to pursue a modification, or want to process a short sale, or perhaps even a loan settlement, let my team go to work for you.

We have a fully staffed Short Sale Department, Title Department, and loan modification/loss mitigation department to handle all of your real estate needs.

The first consultation is always free.

TRUST |  COMMITMENT  |  RESULTS

 

LAW OFFICES OF JACQUELINE A. SALCINES, P.A.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL  33146
TEL:  305-669-5280
 

 

Law Offices of Jacqueline A. Salcines, P.A.

Law Offices of Jacqueline A. Salcines, P.A.

In a recent Third District Court of Appeal case, the higher court rules that a Miami-Dade couple was entitled to a $99,500.00 surplus that was left over after the foreclosure sale. The lower court, Judge Diane Ward, held that the bank was entitled to the surplus.  The homeowners had two mortgages, and the property was sold at auction on March 2013. The home was purchased at auction by a third party bidder who bid $184,000.00.  After paying off the mortgage, $99,500.00 remained.

The third party bidder then filed a Motion for Surplus Funds so that the surplus could be remitted to the first lender.  The homeowners also filed a Motion for the surplus.  Because the homeowners had filed for bankruptcy, the third party purchaser argued that they would be “unjustly enriched” a legal term that means that they are getting a benefit without paying anything for it.  The mortgage had been discharged in bankruptcy and a discharge of their debt obtained.  Judge Ward awarded the surplus of $99,500.00 to the third party purchaser.  The homeowners appealed.

The District Court of Appeals state in opinion that the law clearly showed that the property owner of record at the time of the sale is the one entitled to the surplus.    “Where the legislature has provided such a process, courts are not free to deviate from that process absent express authority.  (Quote from Judge Ed Scales on the Opinion ruling).

In order to claim the surplus, homeowners must file motions in a timely manner.  Thereafter, the motion must be heard by the presiding Judge in order to obtain an Order directing the clerk to issue the surplus.

At the Law Offices of Jacqueline A. Salcines, PA, we have extensive experience in seeking surplus funds for our clients.  We invite you to call and speak to attorney Jacqueline A. Salcines, Esq. today. The first consult is always free.

 

TRUST  |   COMMITMENT  |   RESULTS

 
LAW OFFICES OF JACQUELINE A. SALCINES
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL: (305)  669.5280
EMAIL: J.SALCINES@SALCINESLAW.COM

Hand with a house key.First time home-buyers you are in luck.  FHA has unleashed a new program called the HOMEOWNERS ARMED WITH KNOWLEDGE or HAWK program last month for homeowners purchasing for the first time.  This program is a way for home buyers to cut their mortgage insurance premium costs by attending counseling classes.  The idea behind it is to make home buyers more responsible purchasers when it comes to their mortgage payments, in the wake of the mortgage crisis. The HAWK program announced by the Federal Housing Administration was created with the idea that the more responsible home buyers are, and understand about home ownership, the less likely they are to default on their payments, and thus reduce the risk for FHA.

And… after two years of no delinquent payments, the homebuyers will get even more program discounts and incentives.

Borrowers who take the classes which include several courses about closing, can save an average of $325.00 per year or $10,000 over the life of the loan.

FHA does not write loans, it merely insures them. Therefore, borrowers can get loans FHA backed with as little as 3.5 percent down and a credit score of 560.00. But this type of loan is a huge risk because of the percentage down required.  Therefore, while PMI is required, this program will offset the amounts that homebuyers pay over the life of their loan.

Under the program, the homebuyers that take the counseling class BEFORE signing a contract, can earn a 50 basis point reduction in upfront mortgage insurance and a 10 basis point reduction in the annual premium costs. Mortgage insurance premiums would also be cut to 1.35 percent.

The long term savings are impressive and can assist with homebuyers that have faced several hurdles in buying properties because of the additional costs and fees lenders are charging post mortgage crisis.

To find out more, contact us. The first consultation with attorney Jacqueline A. Salcines, Esq. is free of charge and can provide valuable information for making that first and ever so important home purchase.

TRUST  |  COMITMENT  |  RESULTS

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Jacqueline A. Salcines, PA
706 S. Dixie Highway
2nd Floor
Coral Gables, FL 33146
Tel: 305.669.5280

J.Salcines@salcineslaw.com

Law Offices of Jacqueline A. Salcines, P.A.

Law Offices of Jacqueline A. Salcines, P.A.

2014 is the YEAR OF THE SELLER in Miami-Dade and Broward counties.  There are more buyers then inventory of properties on the market.  A sellers market therefore makes hiring the services of an experienced team of realtor and real estate attorney/title agent more crucial then ever.  Buyers and investors want to get properties at the discounted prices they were used to in the years 2009 through 2013.  However, with a seller market, comes the homework a seller must do to make sure the property is accurately priced to sustain a buyer and get to the closing table.

The first and most important task is finding the right realtor.  This alone can make a huge difference between someone hard at work to list, market and sell your property, so that the number of days on the market are minimized.  Once a realtor is picked and the property is listed, hiring a real estate attorney is also a necessity.  A real estate attorney hard at work for you will review and check the contract provisions, and provide advice as well as negotiate any terms between the seller and buyer.  A real estate attorney will also make sure all contract deadlines are strictly abided by, including deadlines for inspections, financing, as well as hold the deposits in escrow till closing.

Once the contract is signed, many issues can arise between contract and closing.  Many properties are subject to appraisal contingencies and when the buyers lender appraisal comes back lower then the purchase price, the sellers team of realtor and attorney needs to be ready to fight for that price.  This requires solid comparables to dispute value.  Often the mere wording of a contract stating that it is not subject to appraisal can avoid the entire contract falling through if an appraisal falls short by the buyers lender.

Lien searches can also reveal open permits or liens and/or violations that must be closed by the seller prior to closing.  Often times these can be negotiated or closed out for less then required.  However, it requires the savvy work of the real estate attorney to get this done for the seller.

Commercial sellers and sellers that hold title either in a Trust, LLC or corporation, also require additional Corporate Resolutions and or Trust Affidavits at closing to ensure that the closing is authorized by the entity.  A real estate attorney prepares all these forms on behalf of the seller in order to make sure the conveyance is legitimate.

Foreign sellers are also subject to a 10% withholding at the time of sale, unless exempt.  Often, some attorneys may not be clear on diplomatic exemptions or other that exist which do not require the FIRPTA withholding. This is information that either a title company or real estate agent may not know and be familiar with.

At the Law Offices of Jacqueline A. Salcines, PA, our mission is to provide our clients with outstanding legal services that consistently exceed their expectations.  Our law practice is dedicated to all aspects of the real estate transaction including title services, legal services and advice,  lien search services, estoppel services, escrow services.

Attorney Jacqueline A. Salcines, Esq, is also an Accountant and therefore can provide solid advice regarding incorporating, tax repercussions or other considerations  for the seller, specifically foreign sellers, at the time of closing.

We take pride in our ability to address your legal needs and resolve your legal matters, whether selling, buying, investing or merely shopping around.  We strive to fully understand our client’s objectives and are committed to providing outstanding and sound legal and tax advice.

Call us today for a free consultation and let us put our expertise to work for you.   Offices located in Coral Gables.

TRUST  |  COMMITMENT  |  RESULTS

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

Jacqueline A. Salcines

Jacqueline A. Salcines

706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL.  305.669.5280
EMAIL US DIRECTLY:  J.SALCINES@SALCINESLAW.COM