Miami Immigration & Naturalization Law Blog

Did loss of income lead to a threat of foreclosure?

On behalf of Cuevas, Garcia & Torres, P.A. posted in foreclosure on Thursday, November 15, 2018.

There are many reasons that Florida homeowners may be unable to meet their monthly mortgage payments. Some have been hit with medical bills due to chronic adverse health situations or medical emergencies. Others have gone through divorce and are struggling to financially recover. While most financial crises are temporary, such problems can have far-reaching consequences, such as causing a homeowner to face the threat of foreclosure.

If a homeowner misses a few mortgage payments, the lender may attempt to recover the balance of the loan by repossessing the property. Some lenders are willing to agree to alternate payment plans, wherein the homeowner would be able to keep his or her house as well as ultimately satisfy the mortgage debt. For this reason, it is often a good idea to contact one's lender to discuss whether there might be alternate payment plans available.

US immigration law: Advocates call for an end to detention

On behalf of Cuevas, Garcia & Torres, P.A. posted in u.s. immigration law on Tuesday, November 13, 2018.

Immigration is a topic that often incites contentious debate. One issue that many Florida residents feel strongly about is immigrant detention. Many families are currently facing legal problems regarding pending removal proceedings. Many people who advocate on behalf of immigrants say immigrant detention should no longer be allowed under U.S. immigration law.

There are currently more than 44,000 immigrants detained at various detention centers throughout the nation. Many have been transferred to such facilities after having served sentences for criminal convictions. However, data shows that most convictions are not for serious crimes but for misdemeanors, such as intoxicated driving or assault.

Real estate disputes erupt regarding home renovations

On behalf of Cuevas, Garcia & Torres, P.A. posted in real estate disputes on Wednesday, November 7, 2018.

Some people in Florida make profits by buying old homes, renovating them, then relisting them on the real estate market. A man in another state has been in the process of updating a home he purchased for $32,000 cash some time ago. Progress on the project has been delayed by unexpected real estate disputes, which the man says he does not quite understand.

The home in question was built approximately 90 years ago. After paying cash for the house, the new owner invested approximately $90,000 in renovations. He said he began the work in 2017 and often works 12 to 15 hours per day at the property; he sleeps there as well, which is why he does not understand why officials from a local historic commission claim they have had trouble getting in touch with him.

Man sent to dentention while seeking adjustment of status

On behalf of Cuevas, Garcia & Torres, P.A. posted in adjustment of status on Monday, November 5, 2018.

Florida readers may relate to an ongoing immigration situation involving threat of removal. In January, a man who had emigrated from another country of origin was submitting an application for citizenship at the U.S. Citizenship and Immigration Services center in another state. He was seeking an adjustment of status, but the application process did not go as planned. Immigration and Customs Enforcement officers took him into custody in connection with a 2010 deportation order.

In October, an immigration judge ruled that a $10,000 bond could secure the man's release from detention, pending full process of his deportation case. Immigrant advocates speaking on behalf of the man have stated that he fled his native land in fear of violence. There is still a chance that the ultimate outcome of the situation may lead to his removal from the United States.

Condominiums and cooperatives pertain to types of ownership

On behalf of Cuevas, Garcia & Torres, P.A. posted in condominiums and cooperatives on Tuesday, October 30, 2018.

The manner in which a particular piece of real estate is held in Florida is an important consideration. Condominiums and cooperatives are terms that describe two different forms of real estate ownership. A condominium is typically one of multiple units in a building where the unit is owned individually, with the costs and maintenance of the common areas are shared by all the owners. A unit in a cooperative is not actually individually owned; rather, the unit purchaser gets shares in a corporation, which in turn actually owns all the uits and runs the building as a coop.

Any number of legal issues may arise if you live in or own a condominium or cooperative dwelling place or business. Problems can occur on the business side of things, during membership meetings regarding rules and association governance. You may also run into trouble with regard to the enforcement of agreements, collection procedures or insurance issues.

Newly proposed law would deny citizenship to many immigrants

On behalf of Cuevas, Garcia & Torres, P.A. posted in Citizenship on Sunday, October 28, 2018.

Immigrants arriving in Florida often have unique goals for themselves and their loved ones. Some come to the United States to study, others to start their own businesses. The ultimate goal for many immigrants is citizenship.

A doctor that provides medical care for hundreds of immigrants in this state says he is worried that a newly proposed law could cause children to be placed at risk regarding their health care. This is because the law would deny citizenship to anyone who uses public assistance programs, such as food stamps or Medicaid. The doctor says parents are afraid and, therefore, are less likely to seek medical attention for their children when they need it.

Florida couple facing US immigration law problems

On behalf of Cuevas, Garcia & Torres, P.A. posted in u.s. immigration law on Thursday, October 25, 2018.

A Florida woman recently told reporters that she and her husband were merely trying to do the right thing when they showed up for an immigration marriage interview. They had awaited their interview date for approximately three years. The woman said she was quite confident all would go well; however, it did not, and she is now distraught that U.S. immigration law officers arrested her husband and have separated her from him.

The woman is a U.S. citizen who has been with her husband for four years, married for three. The couple reportedly came to the interview well prepared with documentation to prove the legitimacy of their relationship. They carried photo albums containing wedding pictures and more, as well as printed statements from their jointly owned bank account.

Recent Florida real estate disputes not over after all

On behalf of Cuevas, Garcia & Torres, P.A. posted in real estate disputes on Tuesday, October 23, 2018.

Even after a Florida court hands down a ruling, it does not guarantee that litigation will end. In many situations, such as real estate disputes, if one or more of the parties involved believe a ruling to be unfair, an appeal can be filed. That is what happened following a recent breach of contract situation. An appeals court judge has now remanded a portion of the summary judgment that was issued in a lower court.

The case includes two sales wherein the brokers involved say they were never paid the obligated commission for the sales. The brokers say there were two companies involved in the sales and that one of them attempted to reassign its commission obligation to the other before the property purchases were closed. The deal was closed, however, without the commission being paid to the brokers.

Fire fighters involved in real estate disputes in another state

On behalf of Cuevas, Garcia & Torres, P.A. posted in real estate disputes on Wednesday, October 17, 2018.

Florida residents can attest to the invaluable service local fight fighters provide to their communities. A fire department in another state is currently entangled in real estate disputes. A town home building company is reportedly trying to impede a city council-approved purchase of a particular parcel of land where a new fire house is to be built.

City officials say the current fire house is located in an area that is prone to flooding. The building itself is reportedly old and undersized as well. City council members were set to approve the purchase of a $9 million, 1.8 acre of land to relocate the fire house; however, a townhome builder is filing a lawsuit to try to stop the deal.

Attention Florida residents: Beware of foreclosure scams!

On behalf of Cuevas, Garcia & Torres, P.A. posted in foreclosure on Monday, October 15, 2018.

You may be one of many Florida homeowners who are currently at risk for losing their homes due to financial crises. It is understandable that threat of foreclosure might make you feel a sense of panic and also tempt to you grab hold of any apparent option presented to you in the hope of saving your home. The problem is that there are many scammers who are not only aware that such situations often cause people stress but they know how to trick people into thinking they are legitimate companies who can help.

While it is a good idea to contact your lender to request alternate payment plans to avoid foreclosure, it is never a good idea to allow someone who has randomly called you by phone to supposedly negotiate with your lender on your behalf. This is a common ploy that scammers use. They also offer fake legal help and try to get people to sign false rescue documents.