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SOUTH FLORIDA REAL ESTATE LAWYER

According to the National Association of Realtors, pending home sales in Florida is down by 1.3 percent for the month of April.  This is a decline from sales last  year for the same given time.  Despite the decline however, prices remain constant, up from last year at this time.  Pending real estate home sales may be down due to strengthening of the U.S. Dollar, making some property unaffordable to buyers.  The South Florida real estate market has also experienced a dramatic rise in condominium developments, signaling a higher volume of inventory, driving some prices down.

Mortgage rates for real estate purchases continue to be at an all time low, but certified appraisals are also at an all time low, signaling delays in closings as well.

The following reflects the pending home sales regionally for April 2017.  Source:  National Association of Relators

REAL ESTATE – FLORIDA PENDING HOME SALES HIT A SLUMP

 

 

 

 

 

Some sellers may need to wait it out if they don’t get their asking price. Miami and South Florida has always been a hot market and is expected to remain so.

At the Law Offices of Jacqueline A. Salcines, P.A. we have been assisting foreigners, both buyers and sellers, with their real estate needs since 1999.  We are a full service title company and extremely knowledgeable in FIRPTA rules and regulations.

Whether you are buying, selling or refinancing, we will handle all of the details and represent you from contract to closing.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • 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 relying on your realtor to guide you around the maze of legal terms and obligations?   At the Law Jacqueline A. Salcines, PA., we have over 17 years experience assisting buyers of real estate and sellers, with their real estate needs.

Whether you are about to sign a contract and need the Real Estate Contract to be reviewed, or selling and don’t know what is being presented to you to sign, allow the Real Estate Law Firm of Jacqueline A. Salcines to guide you.

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

When it comes to title insurance and closing services, we are your real estate attorney.  We make sure that your interests are protected. Whether you are buying, selling or refinancing, we will handle all of the details and represent you from contract to closing.

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

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!

 What Sets Us Apart
  • Cost-Effective Legal Solutions
  • Serving South Florida Since 1999
  • Personalized Legal Representation
  • There’s No Real Estate Problem We Haven’t Seen
  • 17 Years of Experience

Our Commitment

The Law Offices of Jacqueline Salcines commits to providing personalized attention for your real estate or probate legal matters.

Areas of Practice

  • Real Estate and Probate Law
  • Living Wills
  • Trusts
  • Power of Attorney Designation
  • Contract Review and Negotiation
  • Shareholder Agreements
  • Probate and Guardianship
  • Contract Enforcement
  • Residential and Commercial Real Estate Contracts
  • Real Estate Purchase
  • Mortgage and Foreclosures
  • Title Insurance
  • Tax Deeds
  • Quiet Title
  • Closing Agent

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 REAL ESTATE LAW AND PROBATE LAW 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

REAL ESTATE CONTRACT AND LEASE NEGOTIATION

A real estate contract is a legally binding document between two parties that binds the parties into certain terms and obligations.  Whether you are looking to buy, sell or lease residential or commercial property, you should always seek the services of an experienced real estate lawyer in Miami Dade County, to draft or negotiate a contract that addresses your particular needs.

Despite how important it is to have an attorney review your documents PRIOR to signing, many parties reach out to attorneys after they have already signed the real estate contract.  Buyers, sellers, tenants and landlords, whether residential or commercial, fail to contact a real estate attorney in Miami Dade County until the contract is already signed. Now, instead of giving advice as to how best protect the buyer, seller, tenant or landlord, we are usually being asked how can we now get them out of the problem.

At this point, a negotiation or litigation may become necessary in order to protect the buyers, sellers, landlord or tenants rights.  This is often a result of poor planning or the misconception that attorneys charge too much and therefore not feasible.  This is false.

On the contrary. It is less expensive to hire an attorney to draft a Residential Contract for Sale or Purchase or Residential Lease and represent you in the process, then it costs to hire one to then file or defend a litigation against you for nonperformance under the terms of the Real Estate Contract or Lease.

THE PROCESS OF NEGOTIATING A CONTRACT OR LEASE

By allowing an attorney to assist you to draft the contract, instead of just believing that all real estate contract and terms are standard in Florida, we can protect you every step of the way.  The best way to negotiate a contract is by hiring an experienced real estate lawyer in  Miami before entering into the transaction.  Even if you already hired a real estate attorney here is the basics to always consider when entering into a real estate contract:

  • Are the proper parties listed in the contract, with correct names
  • Are all the terms we spoke of addressed in the real estate contract or lease.  In Florida, only what is written, not the verbal or oral terms, will control the parties understanding.
  • Is the deal being financed?  If so, are the terms of the financing clear?
  • Who is going to hold the deposit?  Is the escrow agent a real estate lawyer who will not commingle the funds?
  • Is there a period of due diligence or inspections? Will you have enough time to hire a professional and obtain the report?

Always consult with a real estate attorney prior to entering into any real estate deal for purchase or landlord tenant residential lease.  A real estate attorney will analyze all options and bring our experience with prior issues we have encountered, to the table to protect you.

If you or anyone you k now is in need of legal assistance in a real estate contract or lease agreement in Miami Broward, Palm Beach or Monroe County, contact the Law Offices of Jacqueline Salcines today.

Attorney Salcines is:

  • A lawyer
  • An accountant
  • A realtor
  • A title agent

All these title in the real estate arena, for 17 years, allow us to put our experience to work for you.

Call us today for a free consultation. at  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

MIAMI REAL ESTATE LAWYER

RESIDENTIAL REAL ESTATE CLOSINGS

Over the past 17 YEARS, The Law Offices of Jacqueline A. Salcines, PA has represented buyers and sellers with regard to purchasing and selling real estate in Florida.  Whether a seasoned buyer purchasing for investment, primary residence or first time home buyers, we have represented thousands of clients in transactions involving real estate.

REAL ESTATE BUYER

As a real estate buyer, we are capable of guiding buyers through the entire purchase process and keeping our clients away from real estate pitfalls in which the unguided are prone to fall. Our firm is known for its detailed attention to each and every client we represent. In representing buyers, our primary goal is to make sure that you are fully educated as to what you are acquiring. This goes beyond the face of the home listing. To be certain that your investment is sound, you need an experienced attorney who can fully inform you of any defects, legal encumbrances, liens and other issues the property may have that are not apparent to the untrained eye.

As a buyer or seller of real estate utilizing our firm, you also have the added benefit of having attorney Jacqueline Salcines hold the dual title of Real Estate Attorney, Accountant and Title Agent. At the Law Offices of Jacqueline A. Salcines, PA we will assist you with all your title and closing needs. We have extensive experience and knowledge to assist all of your real estate need.

REAL ESTATE SELLER

As a seller of real estate, representation by a lawyer is equally important. Whether you need us to draft your contract, negotiate credits after inspection, or provide changes to the contract, as well as prepare seller docs for closing, we are here. We also prepare Mortgage and Promissory Notes as well as deeds for seller financing.  When Sellers close with us, they have one hundred percent peace of mind that they are getting full representation and the transaction will be a smoothe one.

Jacqueline Salcines, Esq. is experienced and ready to pursue or defend Real Estate Agent-Broker/Client disputes concerning:

  • Real Estate closing for residential
  • Real Estate closing for commercial
  • Seller representation and seller docs
  • Seller financing
  • Mortgage and note preparation
  • Title examination and title services
  • Lien Searches

Call or email us today for a free Consultation.

Jacqueline A. Salcines

Jacqueline A. Salcines, Esq.

TRUST  |   INTEGRITY   |  RESULTS

Law Offices of Jacqueline Salcines, P.A.

706 S. Dixie Highway

Second Floor

Coral Gables, FLorida 33146

Tel:  305  669  5280

Email:  J.Salcines@Salcineslaw.com

SOUTH FLORIDA REAL ESTATE MARKET PRICES ON THE RISE

FLORIDA REAL ESTATE LAWYERS

Florida’s real estate housing market experienced extreme growth in September.  September marked new listings, higher median prices, and fewer all-cash closed sales in September, according to the Florida Realtors.

“According to the National Association of Realtors, the national median sales price for existing single-family homes in August 2016 was $242,200.00, up 5.3 percent form the previous year.  Florida also experienced fewer short sales and few cash only sales, making this  year quite different from years before, where short sales and cash sales seemed to dominate the real estate market.”  Florida Realtors October 25, 2016.

Foreclosures are almost a thing of the past, since Florida is back to the mortgage default rates it was at in 2007, before the mortgage crisis.

Low interest rates, currently at 3.46 for a 30 year fixed mortgage, is also helping with the increased real estate market sales.  Buyers are able to obtain better rates, afford their mortgages, and close within 30 days.

At the Law Offices of Jacqueline A. Salcines, PA, attorney Jacqueline Salcines holds a dual degree in Law and Accounting, is a  realtor and has hosted many seminars and lectures on real estate and real estate law.

We have been representing buyers and seller for over 17 years, in their real estate transactions and providing title services.

Allow our experience to go to work for you

Call us today.   305.669.5280 Or visit us as  http://WWW.SALCINESLAW.COM

See why our business is built on referrals and for over 17 years, clients keep coming back and referring their family and friends. 


 

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

OCTOBER 2016 REAL PROPERTY CASE LAW UPDATES

By: Jacqueline A. Salcines, Esq.

FORECLOSURE LAW:  Debtor lost the right to defend the mortgage foreclosure action pending in state court, when it agreed to surrender the property in the bankruptcy and was required to surrender the property to the trustee and to the mortgage lender.  Failla v. Citibank, N.A., Case No. 15-15626 (11th Cir. Oct. 4, 2016) (affirmed).

FORECLOSURE AND CONDO ASSESSMENTS (SAFE HARBOR LIMITATION):  The mortgage lender, who recovered the property via the foreclosure sale, is entitled to the safe harbor limitation of liability for condominium assessments as applicable to first mortgagees under Fla. Stat. 718.116.  Brittany’s Place Condominium Association, Inc. v. U.S. Bank, N.A., Case No. 2D15-3444 (Fla. 2d DCA Oct. 5, 2016).

FORECLOSURE DEFAULT NOTICE:  Final Summary Judgment of Foreclosure reversed where Plaintiff failed to address, in its motion for summary judgment, or at the hearing on the motion, defendant’s affirmative defense that default notice did not comply with Paragraph 22 (acceleration clause).  Young v. Nationstar Mortgage, LLC, No. 2D15-1023 (Fla 2d DCA September 28, 2016) (reversed and remanded).

FORECLOSURE LAW STATUTE OF LIMITATIONS:  The trial court erred in dismissing amended complaint as barred by the Florida statute of limitations where claims asserted in amended complaint arose from same “conduct, transaction, or occurrence” as initial timely complaint.  Anderson v. Epstein, et al., No. 3D15-1050 (Fla. 3d DCA September 28, 2016 (dismissed in part, reversed in part and remanded).

FORECLOSURE/STANDING:  Plaintiff failed to establish its own standing to foreclose as substituted plaintiff, as well as standing of original plaintiff, because (1) there was no evidence  as to when indorsement was placed on note or to whom note was payable at commencement at suit, (2) testimony regarding when note was lost did not demonstrate that note was indorsed in blank to predecessor prior to suit being filed, and (3) insufficient evidence to prove a transfer of note from original lender to predecessor as a nonholder in possession with rights of a holder. Luiz v. Lynx Asset Servs., LLC No. 4D15-558 (Fla. 4th DCA Aug. 24, 2016) (reversed)

FORECLOSURE – BANKRUTPCY AUTOMATIC STAY:  Final Judgment entered day after Defendant’s petition for bankruptcy was in effect, voided the judgment, even though trial court did not have the notice of stay filed.  Citibank, N.A. as Trustee v. Unknown heirs, No. 1D15-2502 (Fla 1st DCA July 25, 2016) (reversed and remanded).

 

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 Litigation Group. With over 17 years experience as a real estate lawyer, including holding a dual degree in Accounting, her broad knowledge of real estate law serves to aggressively protect and defend our firm’s clients.

Call us today to set up an appointment 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

DUE DILIGENCE IN COMMERCIAL REAL ESTATE TRANSACTIONS

IN SOUTH FLORIDA

Almost all commercial transactions in Florida, whether selling commercial real estate, assets, or real estate with a company, carry with it a Due Diligence period.  Due Diligence on Commercial Real Estate Transactions in Miami is the period of time the buyer, acting in conjunction with their real estate attorney, has to inspect the books and records of the selling company.

Both the Purchaser and the Seller hold certain responsibilities with regard to Due Diligence in Commercial Transactions.

BUYER DUE DILIGENCE

The Buyer’s Due Diligence may include the following:

  • Performance of Physical Inspections of  real property;
  • Mold Inspections;
  • Appliance, Equipment and Machinery Equipment;
  • Review of Sellers books if sale of business is included;
  • If health or food industry, contacting DERM to make sure business or property have no violations that would pass to the new buyer;
  • Lien searches to check for any open liens, violations, code enforcement or building and zoning violations;
  • Title and zoning review to make sure no exception will preclude the buyer from obtaining clear title;
  • Reviewing of any Leases or Assignments of Leases;
  • Inspections of inventory;
  • Fire system inspections
  • Lead Based Paint concerns;
  • Asbestos concerns;
  • ADA Compliance for business

SELLER DUE DILIGENCE

  • Making sure all inspections are coordinated;
  • Making sure all company financial records are provided to buyer, including company records, tax returns, vendor list, client list and any maintenance and utility bills;
  • Seller should disclose whether there is any pending litigation;
  • Making sure any procedures agreed to in the contract are adhered to.

Rather then rushing into a commercial deal that involves due diligence, have a real estate attorney review your contract prior to signing. This will insure that you are protected in commercial real estate transactions.

At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements for commercial real estate transactions and due diligence requirements and deadlines in these commercial real estate transactions.  Don’t delay!  It is imperative that you hire a real estate attorney before you sign any commercial real estate contract.   Allow my team of attorneys and accountants to go to work for you, and advise you before you enter into the Commercial Contract.

About the Author:

Jacqueline A. Salcines, Esq is the Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Commercial Real Estate Law Group. With over 17 years experience as a real estate lawyer in the business of real estate, including holding a dual degree in Accounting, her broad knowledge of real estate law and due diligence protects and serves the clients we represent. 

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

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

 

 

 

September 2012 saw the priciest home sale in Florida history, with the sale of 3 Indian Creek Drive at $45 Million.  Few can believe that the Florida housing market is experiencing such a quick recovery and how rapidly it has turned into a Seller’s market again.  But the proof is in the listings.  Take for example the following:

4 Tahiti Beach Island Road currently listed at $30,000,000.00 or 41 Arvida Parkway in Gables Estates listed at $27 Million and 9151 Arvida Lane in Gables Estates listed at $18 Million.

Are we safe to assume that South Florida is out of the woods and back to the 2005 home sales era?  Well that’s just whats happening is some of the nations most competitive and sought after housing markets such as Coral Gables, Pinecrest and Coconut Grove.  Sales of upper high-end properties are booming in the double digit figures, with tight supply driving prices of highly desirable prices skyrocketing and creating bidding wars (who ever thought we would use that word again so soon).

So what is driving the prices high and creating this Seller’s market?  Well, across the nation there are various explanations. But, in South Florida, a few come to mind.

1.   Turmoil in Europe and South America.  The luxury market is clearly being driven and often times kept afloat by the flurry of foreign investors seeking to place their capital in a safe environment.  Countries such as Brazil, Venezuela, Argentina, as well as now shaky Europe. These investors are coming in droves and pouring their money here, be it individual investors  or by pooling their capital through LLC’s and seeking EB-5 Visas for automatic residency.  Cities such as Coral Gables, Miami and Pinecrest are reaping the rewards of foreign global financial markets that have been thrown into chaos such as Europe.  Paul Bishop, Vice President of Research at the National Association of Realtors agrees.  “foreign buyers are very active for many of the same reasons domestic buyers are”.  “Assets in the U.S. including real estate, look pretty appealing as opposed to other parts of the world”.

2.  Financial Flexibility. Buyers that are considering large purchases, are generally borrowing at very low interest rates, or have the liquid cash on hand.  And what better place to invest then a recovering real estate market, that will offer a return on investment far exceeding any national institution.

3. Perception of Value. Even at the very top of the real estate market, buyers still want to ensure that their money is being invested correctly. This means that once savvy home buyers who were holding off in prior years, now are seeing the market recovering.  And the recovery is blazing.  While years previous have shown large declines, luxury home buyers seem to think, as do market professionals, that the luxury market has seen its worst and is now headed to the top once again.  Therefore, the time to buy is now before prices get any higher.

4.  Low Inventory.  Many seeking high end homes in either Gables Estates, Cocoplum, Old Cutler Bay, Star Island and other secluded sectors, have found inventory dwindling.  So when a house goes on the  market, the high end buyers are jumping on it.  “Take for example, the recent sale of Pat Riley, former Miami Heat Coach’s pad” says Jacqueline Salcines, Esq. with the Law Offices of Jacqueline A. Salcines, P.A. “This luxury home recently sold for $16.8 million and it is reported that the buyer intends to demolish the current structure and build anew”. This was unheard of in the recent South Florida real estate market but truly a sign that the market has taken a turn for the better and is recovering at record speed.”  What better proof than the boom in condominiums going up in the Downtown, Brickell and South Beach area.  “Being of Argentinian decent, I can definately attest to the fact that … the Argentinians are coming in swarms” says attorney Jacqueline A. Salcines, Esq.

All said, what is one to expect in the coming months?  “If my 15 years experience in the housing market and practicing real estate law serves as a guide, we will see a continued influx of foreign investors, Brazilians, Argentinians, Venezuelans, and perhaps a few new ones, Russians, Italians, all looking to reap the rewards of a stable and blazing hot real estate market.”  South Florida is the poster child of a quick recovery and I am honored and excited to be a part of it.” -Jacqueline Salcines, Esq.

Dont Go it Alone.  Seek the assistance of an experienced Real Estate Attorney to assess your investment, review title, and make sure that your investment is a sound one.

Call me today for a no fee consultation.

LAW OFFICES OF JACQUELINE A. SALCINES

305 |669 | 5280

Real Estate Investment Options As a Real Estate Attorney in Miami Florida, and especially in the last few years I’ve seen some people struggle with the concept of a “short sale”.

They are unhappy with their financial situation sure, but in addition to that many question whether a short sale is the right thing to do from a moral stand point.

After all they bought a home which they are now barely able to keep payments and are upside down on the debt.

Not in my clients’ experience, but in some cases Banks have gone as far as to threaten people by taking a moral stance on the issue. Guilt is a powerful incentive when you have a conscience, and they know many people feel bad about that aspect of the situation.

It’s easy to feel trapped when you think there are no options. The good news is that every problem has a solution!

It’s all Business my Friend!

For most hard working people this wasn’t part of their plan. They are in a low point in their personal and even professional aspects of their lives and need a fresh start and a clean slate.

The last thing they need is to feel guilty about a business decision they need to make.

And that’s exactly what it is:

A business decision!

As an Attorney I provide legal advice and find the best possible legal solution to my client’s predicament. My role is both supportive and educational, then I aid in the transactional aspect which is problem solving in its very nature.

In order to ease these feelings of remorse when they are obvious, my approach is as I mentioned, educational.

It’s a Contract

I focus their attention on the fact that a Home/House/Property is an investment held together by a contract between them and the bank.

This contract explains the terms and options for both Bank and home owner. You as the home owner have the right to stop making payments at any time if you choose to, and the bank has the right to take the property back.

It’s a business decision no different than any other where the circumstances were unexpected, have changed, or where it no longer makes sense to hold to a bad investment.

Sometimes defaults and short sales are done in a strategic manner, to protect the client from further economic loss and stop the bleeding. If the circumstances are unfavorable to you, something has to be done about it. If they are unfavorable to the bank, they will do something about it.

Insurance companies change their rates on us yearly, especially if the wind blows too hard down here in South Florida. When they change their rates, they change their contract and they did so because their circumstances apparently changed… like weather patterns!

Win-Win Outcomes For All Parties!

So there are options for everyone. You can stop making payments at which point the bank will take the property back. Yet there is one more option for both which is to renegotiate the contract,

…which is precisely what a short sale is!

You as the seller go to the bank and say I’d like to renegotiate the terms of our contract based on your current situation.

The Bank will weigh your offer against the other alternative which is to foreclose on the property, and then make a decision one way or another.

I then negotiate on your behalf with the bank to find the best possible solution for both parties.

But as “your attorney” remember I always represent your interests first.

In many cases, we are able to negotiate the lender providing the seller with additional incentives:

  • Ultimately, the losses are not only stopped, but the client can be paid up to $35,000 from the lender at closing, with
  • all closing costs paid by their lender as well the balance of the mortgage (referred to as the deficiency balance) waived and forever forgiven.   

As such, the short sale results in a well thought out exit strategy with the client winning at the end. This may ease the immorality of it all.

So you see there is no morality clause in any contract. If there was it wouldn’t be a contract, it would be a promise… and it would carry a lot less weight and certainly no exchange of money!

A short sale is a business decision based on the need to renegotiate a real estate contract, and we should be glad that it exists as an option to find an alternative to what comes as close to a win-win scenario for everyone.