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SOUTH FLORIDA REAL ESTATE MORTGAGE LAWYERS

With the South Florida market experiencing a boom in sales and values, there is more great news to assist qualified buyers with their real estate purchases.  Starting January 2018, FHFA has increased the conforming loan limits for Fannie Mae and Freddie Mac conventional loans.  This means that the limits to purchase, prior to  the mortgage being considered a jumbo loan, are higher.

Starting on January 1, 2018, the loan limits for conventional loans has increased from $424,100 to $453,100.

With house prices on the rise, this is great news for buyers looking to finance their purchases.

Real Estate Buyers now have more purchase power under conventional funding.  And current or prior qualified jumbo pre-approved buyers and borrowers may qualify for traditional financing now, possibly at a lower interest rate and a lower down payment.  This equates in more opportunities to close on those real estate deals for realtors and sellers alike.

Don’t go it alone.  Always hire the services of a qualified real estate attorney owned title company to assist you in your real estate purchase and to help navigate all the confusing mortgage terms and conditions.

Whether you are buying real estate and require a mortgage or buying cash, before you sign the contract, reach out to us. We are here to help.  We offer a free legal consultation regarding your real estate contract, purchase or sale.

With over 18 years experience practicing real estate law, and holding dual licenses of both lawyer, realtor and accountant,  allow attorney Jacqueline A. Salcines to guide you.

We are a full service title company and handle closings from beginning to end.

Practice Areas

Real Estate Closings
Title Insurance
Lien Searches
Inspection report review and negotiations
Contract Law and review of Real Estate Contracts
Escrow law
Real Estate Litigation
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 real estate transactions for over 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. SalcinesJACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

SOUTH FLORIDA LANDLORD TENANT LAWYERS

TENANT TERMINATION LETTER

Allowing a tenant to remain in a property after the natural expiration of the lease term, often results in the Residential Lease converting into a  month to month residential lease.  Not all leases have a termination clause that requires either party to terminate in writing or to extend.  Rather, the leases are silent or state that if the tenant remains after the last day of the lease, it becomes a month to month lease, with a termination at will (that is, at the discretion and election of either the tenant or the landlord).

The issue arises, however, when the tenant stays on another month or two to live out the security deposit.  This is not only illegal, but  places the landlord in a predicament if there are any damages to the property.  Cases like this almost always end up in litigation, in a landlord tenant eviction, for non payment.  Tenant thinks they have a month to live, landlord wants them out as soon as possible with protection for damages.

Landlord Tenant Statutes in Florida, Chapter §83, requires that if a tenant remains in possession after the natural expiration of the residential lease, the Landlord must send a Termination of Tenancy Letter.  That letter requires certain time frames for removal. For example, a month to month tenant, must be given 15 days to move out.  If they do not move out after the 15th day, that does not mean the landlord can go in and remove them and the tenant’s possessions. Rather, that gives the Landlord permission to now file an eviction suit.

Any tenant that stays on past the termination of tenancy 15 days, is considered a “holdover” tenant and is liable for double rent to the landlord.  While this may appear to protect the landlord, often tenants are judgment proof and collecting the monies after they are gone is almost impossible.

The termination of tenancy letter to the tenant must contain certain language as required per statute.

At the Law Offices of Jacqueline A. Salcines, P.A., we have been assisting Landlords and tenants with landlord tenant actions for over 18 years.  Before you decide to write the letter yourself, contact us.  We will get it right the first time and process your case in the most efficient manner possible.

We are here to help and protect your rights. Allow us to go to work for 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 18 years experience including holding a dual degree in Accounting, her broad knowledge of LANDLORD TENANT LAW including giving numerous pro bono seminars for Legal Aid and Put Something Back project,  attorney Salcines serves to aggressively protect and defend our firm’s clients.

Call us today to set up a  free consultation to discuss your specific needs. We are here for you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines, Esq.

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 DEBT SETTLEMENT LAWYERS

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.   305.669.5280 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 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

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 LAWYERS

jacqueline-a-salcines-consultationWhile cash buyers are much the norm nowadays, there is always a hesitant buyer that questions whether purchasing a property ALL CASH is the best way to go.  Or, if financing, even if you have the cash, is the better alternatives.

There are many pros and cons to each scenario.  Purchasing cash allows a real estate buyer  to avoid interest payments, closing fees, taxes on the purchase including intangible and documentary stamp taxes as well as avoids the necessity for bank imposed insurance requirements. However, tying up all your cash in real estate may not be the best investment for some.

Those real estate buyers that are able to give a significant down payment, 20 percent or more, and finance their deals, are able to put their money into additional real estate investments, or save for emergencies.  Moreover, a mortgage on a property often protects against judgment creditors and provides other protections.

 

If you have questions or concerns regarding purchasing cash or financing, it is always best to consult with an attorney to represent you.   With over 17 years experience, we are well versed in Real estate contracts, As Is residential contracts for Sale and Purchase, Force Majeure and how Acts of God affect real estate contracts, as well as inspections and interpreting reports, as well as negotiating concessions between buyer and seller.  

Whether you are about to sign a contract and need legal representation or your contract reviewed, we are here to help.

We offer a free legal consultation regarding your real estate contract, purchase or sale.

With over 17 years experience practicing real estate law, and holding dual licenses of both lawyer, realtor and accountant,  allow attorney Jacqueline A. Salcines to guide you.

We are a full service title company and handle closings from beginning to end.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Lien Searches
  • Inspection report review and negotiations
  • Contract Law and review of Real Estate Contracts
  • Escrow law
  • Real Estate Litigation

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 real estate transactions for over 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

SOUTH FLORIDA REAL ESTATE LAWYERS

WRIT OF POSSESSION AFTER SUCCESFFULY WINNING AT AUCTION

If you are the successful bidder at a Florida foreclosure auction and yet, after the issuance of the Certificate of Title, the prior homeowner refuses to leave, then you must move for possession.  This is not a full blown eviction procedure. Rather, you are required to file a Motion for Writ of Possession in order to have the Judge Order the prior owner out.

This also requires a hearing before the Court.  Often, the prior homeowner will show up and complain to the Judge for mercy. The prior homeowner will tell the Judge they were negotiating a loan modification with the bank or “they have nowhere to go”.  While the Courts have mercy and sympathy for these homeowners, truth be told, by the time the property sells at the foreclosure auction, they have already been living on the property, rent and mortgage free, for numerous years. It should not be any surprise that they need to relocate.

At the Law Offices of Jacqueline A. Salcines, PA we have been assisting Defendants with their foreclosure defense and third party bidders with obtaining possession of properties rightfully belonging to them, for over 18 years.

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 real estate matters for over 18 years. If you have an issue with a residential lease commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 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 LAWYERS

LANDLORD TENANT LAW

Having a Mold “escape clause” in your lease is the ultimate parachute or protection for any landlord in Florida.  This clause, which is present in many leases, allows landlords to escape liability for any mold that grows in the property after the tenant takes possession.  Having this could mean the Landlord in a Florida landlord tenant lease could escape being responsible for thousands of dollars in property damages.

However, for the tenant, this mold clause is not very favorable.  If you suspect you have mold in your property and have contacted the landlord in an effort to remediate the mold and your request has fallen on deaf ears, there is recourse.  As a tenant, you have options.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns.  This means mold!

Many residential landlord tenant leases also require notice to the landlord and opportunity to correct the issue, which could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it.  Mold also causes severe property damages when spores attach to sofas, and clothing, aggravating the situation and out of pocket damages even more.

If you suspect you have mold in your real estate property, call an attorney right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.

At the Law Offices of Jacqueline A. Salcines, PA we have been representing landlords and tenants for over 17 years.  We are knowledgeable in all aspects of landlord tenant law and ready to assist you with your needs. Call 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 real estate matters for over 17 years. If you have an issue with a residential lease commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 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

An As Is Residential Contract for Sale and Purchase is a binding contract to sell or buy real property in Florida.  While different from other types of sale contracts, the AS IS residential contract protects the seller in many aspects.  The As Is refers to the fact that the buyer is taking the property as it is, that is, with any defects or problems it has at the time of entering into the As Is contract.  The seller is not required to make any repairs, or to make any credits to the buyer for any items of disrepair, open permits, or matters that appear on the property.  The buyer is not completely unprotected however.

A well drafted  As Is contract allows the buyer to inspect the property and then cancel if the seller is not agreeable to fixing something.  So the buyer can still opt out if he does not like what he sees or is getting, without losing his escrow deposit.

As Is contract carry a myriad of legal terms and deadlines that may be confusing or hard to understand for a layperson. And that is where we get involved.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing real estate law for over 18 years.  As a title agent, real estate lawyer, and realtor, as well as an accountant, attorney Jacqueline Salcines  is well versed in all aspects of the As Is Residential Contract.   Allow us to protect your interests, whether you are a buyer or a seller , we are here to help every step of the way, from contract to closing.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

Email attorney Jacqueline Salcines directly at J.Salcines@salcineslaw.com

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FLORIDA 33146
TEL: 305 | 669 | 5280
DIRECT EMAIL:  J.SALCINES@SALCINESLAW.COM
 

SOUTH FLORIDA REAL ESTATE LAWYER

Florida title to real property is held in the form of a “deed”.  There are many different types of real estate deeds. You can have a Warranty Deed for general real estate sales and purchases. When you purchase property from a developer you typically get a Special Warranty Deed.  When you purchase property from a Trust you get a Trustee Deed. And then there are Quit Claim Deeds.  Quit Claim Deeds are mere transfers of title, without any warranty or guarantee as to the title or clouds on title. For example, there may be a mortgage or lien on the property that will not be extinguished or removed when the title is transferred by quit claim deed.

The recording of a quit claim deed, while inexpensive ($10.60 in Miami Dade and $10.70 in Broward and Palm Beach County), affords the least protection to the purchaser or Grantee, and  also requires the payment of documentary stamp taxes on any outstanding mortgage(s). If not paid at the time of recording, then the transferor could face severe penalties after recording the document.

Many deeds are exempt from having to pay documentary stamp taxes,  for example, if the deed is the result of a divorce. And while many vendors such as Office Depot sell deeds, it is always best to consult a real estate attorney to prepare it for you. Any mistake, or wrong digit in the legal description of the real estate could have severe consequences, after the fact if Grantors die or disappear.

Next time you require the preparation of a deed or transfer of property, consult with an attorney so you are protected and will have peace of mind.

We are a full service real estate law firm handling all aspects of contract and landlord tenant law.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Litigation
  • Landlord/Tenant law
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

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 real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 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 LAWYERS

Are you purchasing real estate in Florida?  Are you about to enter into a real estate contract and require guidance before purchasing?  Or perhaps  you are a foreigner from Venezuela, China, Colombia, purchasing real estate and unaware of the real estate laws in the State of Florida or real estate closing procedures.

Whether you are about to sign a contract and need legal representation or your contract reviewed, we are here to help.

We offer a free legal consultation regarding your real estate contract, purchase or sale.

With over 17 years experience practicing real estate law, and holding dual licenses of both lawyer, realtor and accountant,  allow attorney Jacqueline A. Salcines to guide you.

We are a full service title company and handle closings from beginning to end.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

When you have legal concerns related to  real estate or probate, the Law Offices of Jacqueline A. Salcines is here to help. Our real estate attorney has been serving the community for 17 years. We work hard to ensure personalized legal representation by carefully attending to each individual matter.

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 real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 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 LAWYERS

LANDLORD TENANT LAW

Mold is a recurring issue in South Florida, specially  during the summer months. 

New Florida Bar forms in residential landlord tenant leases now include mold waivers, which require the tenant to inspect the property and consent to its condition prior to moving in and allows the Landlord to be off the hook if mold arises during the landlord tenant relationship.  While not all mold is dangerous to our health, mold can cause severe property damage with spores attaching to clothes and furniture.  One recent mold case handled by our firm resulted in severe asthma and emphysema symptoms to the tenants minor child, resulting in thousand in medical bills, hotel bills and long term care.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns. However, if you are one of the many tenants that signed these mold riders to the residential  lease agreement, you may have permitted the landlord to escape liability since the landlord can say it was the tenants failure to maintain the air conditioner or the water conditions in the property. 

Mold issues that arise during a landlord tenant residency must be communicated in writing to the landlord and allow the landlord 7 days to remediate the problem. This  could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it. Since  mold spreads quickly when the conditions (humidity, lack of air flow, dark damp growing conditions), it is crucial to address it immediately when it is first visible.

If you suspect you have mold in your real estate property, call attorney Jacqueline Salcines right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.

At the Law Offices of Jacqueline A. Salcines, PA we have been representing landlords and tenants for over 17 years.  We are knowledgeable in all aspects of landlord tenant law and ready to assist you with your needs. Call 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 real estate matters for over 17 years. If you have an issue with a residential lease commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 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