Category: ‘Foreclosures’

Hurricane Relief Options Available for FHA Mortgages

September 28, 2017 Posted by kingcade

South Florida homeowners are receiving a much needed break when it comes to their mortgages, following the devastation left by Hurricane Irma.  Lenders are offering financial relief in the form of freezing foreclosures, putting mortgage payments on hold and offering special financing options to rebuild damaged homes in the area.

Our office has been getting a number of calls about this and we want to clarify the relief options available and steps you can take to qualify for these government programs.

  1. Call your lender directly. This is the safest route to confirming that an assistance offer is the real thing.  Before the call, gather as much information about your financial situation and mortgage as possible.  It is important that you tell the lender what you can afford to pay and your current financial situation.
  1. Know your options. Many homeowners who have been affected by Hurricane Irma are eligible for forbearance, which means the lender will suspend payments for up to 12 months (especially if you have a government-backed mortgage through Fannie Mae or Freddie Mac). You will not incur late fees or have a delinquency reported to any of the major credit bureaus. Many lenders are currently offering 90 days of mortgage forbearance in affected areas Florida, with an option for some homeowners to extend further based on their situation. If you have a Federal Housing Administration (FHA) loan, you are eligible for forbearance, a loan modification or a 90-day delay in foreclosure, to allow you to get current on your payments.
  1. Proceed with caution. Be cautious of calls from people claiming to offer mortgage relief on behalf of a government agency, or asking for fees upfront for a loan or service. Unfortunately, this has also provided an opportunity for scammers to come forward using social media and cleverly crafted emails to prey on vulnerable homeowners in financial need. Know this: Government employees never charge you a fee to help get you a benefit or service and will never ask for your payment or financial information.

 

Here are some additional FHA Programs available for hurricane victims:

  • HUD recently granted a 90-day suspension on foreclosures for mortgages backed by the Federal Housing Administration. There are more than 280,000 FHA-insured Florida homeowners living in these impacted counties. For more details call: 1-800-569-4287.
  • For homeowners or renters who have lost their homes, HUD’s Section 203(h) program gives FHA insurance to disaster victims who have to rebuild or purchase another house. The loans come with no down payment and greater forgiveness of low credit scores. For more details call: 1-800-569-4287.

 

If your lender is not proactively offering forbearance or other help, you can go directly to the websites of the Federal Housing Finance Agency or the U.S. Department of Housing and Urban Development to see what type of relief you might qualify for, and bring this up to your lender.

We hope and pray you and your family made it through the storm safely and our community is quickly restored. During this time of recovery, our office is open and we are here if you need us. If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken, P.A. website at www.miamibankruptcy.com.

Related Resources:

http://www.bankrate.com/mortgages/hurricane-victims-can-get-a-break-on-mortgage-payments/

http://www.orlandosentinel.com/weather/hurricane/os-hurricane-irma-aid-20170914-story.html

Motion Denied After Creditor Attempts to Reopen Miami Bankruptcy Case and Seize Home

September 26, 2017 Posted by kingcade

Managing Shareholder, Timothy S. Kingcade and associate Kristina Gonzalez of the Miami-based bankruptcy and foreclosure defense law firm of Kingcade Garcia McMaken, P.A. achieved a recent victory for their clients after a creditor, Bank of New York Mellon (“BONY”), attempted to re-open their 2009 bankruptcy case and compel the surrender of their Miami home.

“With this ruling, I am pleased to announce that my clients will be able to keep their home.  BONY made the decision to abandon its foreclosure efforts and enter into modification negotiations with my clients. It was seven years after my clients received their bankruptcy discharge, five years after the initial foreclosure was dismissed and only after those modification efforts proved unsuccessful that they filed the second foreclosure, based on new post-bankruptcy discharge defaults,” Timothy S. Kingcade said.

BONY waited more than a year after the second foreclosure was filed to seek to reopen the bankruptcy case, and only filed the motion when the bankruptcy debtor filed an action in District Court against the creditor’s loan servicer, Specialized Loan Servicing, for violations of the Real Estate Settlement Procedures Act and the Fair Debt Collection Practices Act.

In a consumer win for bankruptcy clients, the Honorable Laurel M. Isicoff ruled that there was “no purpose” in re-opening the bankruptcy case because the debtors’ decision to surrender the property was not binding in the subsequent foreclosure action.

Attorney Timothy S. Kingcade practices exclusively in the field of bankruptcy law, handling Chapter 7 and 13 filings and foreclosure defense cases for the Southern District of Florida.  As an experienced CPA and proven bankruptcy attorney, Timothy Kingcade knows how to help clients take full advantage of their rights under the bankruptcy laws to restart, rebuild and recover.

Miami-based Kingcade Garcia McMaken, P.A. was established by managing partner and bankruptcy attorney, Timothy S. Kingcade in 1996. The firm represents clients throughout the State of Florida in Chapter 7 bankruptcy and foreclosure defense cases. The firm is committed to providing personalized service to each and every client, clearly explaining the options according to the unique circumstances of his or her life. The office environment and the service provided are centered on a culture of superior client care for the financially disenfranchised. All partners and associates at Kingcade Garcia McMaken P.A. specialize in consumer bankruptcy and foreclosure and have dedicated their practices to this area of the law. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

Related Resources:

http://www.flsb.uscourts.gov/Opinions/LMI/09-30656Kurzban.pdf

Hurricane Irma Aid Includes Everything from Foreclosure Delays to Waived Credit Card Fees

September 23, 2017 Posted by kingcade

Victims of Hurricane Irma are eligible for a range of public and private aid programs.  This includes everything from delayed foreclosures, tax extensions, waived credit card fees and any data overages incurred on cell phones.

FEMA’s Transitional Sheltering Assistance is available to eligible survivors in Florida who are unable to return to their primary residence due to their home being uninhabitable or inaccessible. If you are eligible for Transitional Sheltering Assistance, FEMA will pay for the cost to stay in certain hotels or motels for a limited period of time.

Here are some additional assistance programs you may qualify for:

  • FEMA’s Individuals and Households Program offers financial help with medical, dental, child care, funeral, personal property and transportation expenses. This program also provides funds for temporary housing, repairs and construction.  For more details call: 800-621-3362.
  • Disaster Unemployment Assistance provides unemployment benefits and re-employment services to people who lost their jobs because of the hurricane, but who are not eligible for state unemployment benefits. For more details call: 800-621-3362.
  • In partnership with the Young Lawyers Division of the American Bar Association, FEMA provides free legal help to low-income disaster survivors who need assistance filing their storm-related complaints. For more details call: 800-621-3362.
  • JPMorgan Chase will waive or refund late fees on mortgages, credit cards and auto loans through September 24. It will also waive overdraft and service fees.  For more details call: 1-888-346-0023.
  • HUD recently granted a 90-day suspension on foreclosures for mortgages backed by the Federal Housing Administration. There are more than 280,000 FHA-insured Florida homeowners living in these impacted counties. For more details call: 1-800-569-4287.
  • For homeowners or renters who have lost their homes, HUD’s Section 203(h) program gives FHA insurance to disaster victims who have to rebuild or purchase another house. The loans come with no down payment and greater forgiveness of low credit scores. For more details call: 1-800-569-4287.
  • The IRS has extended a deadline for certain individual and business filings until Jan. 31, 2018.  This includes an additional filing extension for taxpayers with valid extensions that expire October 16.  So taxpayers in the region have until Jan. 31 to file returns and pay any taxes that had been due as of September 4.  This includes deadlines for quarterly payments. For individual tax filers, it also includes 2016 income tax returns that got an extension until October 16.

Click here to read more on this story.

We hope and pray you and your family made it through the storm safely and our community is quickly restored. During this time of recovery, our office is open and we are here if you need us. If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Foreclosures Drop to Lowest Level in More than 10 Years

September 4, 2017 Posted by kingcade

There were fewer loans in the month of July than any month in more than 10 years, according to a new report from Black Knight Financial Services.  There were 398,000 properties in foreclosure pre-sale in July, which is down 12,000 from June and down more than 150,000 from the same time period last year, a decline of 28%.

The month of July also marked the first time that the number of loans in foreclosure was below 400,000 since February 2007.  While foreclosures are down, loans in delinquency increased slightly month-over-month in July, but 2017’s total is still below last year’s numbers.

The number of properties that are 90 or more days past due, but not in foreclosure was 555,000 in July, which is still 140,000 lower than last year.

Black Knight’s report shows that there were 2.38 million properties that are 30 or more days past due or in foreclosure in July, which is up 42,000 from June, but down 452,000 from the previous year.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

More Seniors Taking Out Loans Against Their Homes – But at What Cost?

August 28, 2017 Posted by kingcade

An increasing number of seniors facing foreclosure are opting to take out reverse mortgages on their property, according to recent federal data.  A reverse mortgage allows cash-strapped seniors to borrow against the equity in their home that has built up over the decades- but it also comes with financial risk.  Property owners are still responsible for keeping up with other charges, including the taxes and insurance on the property.

A HUD report issued last fall found that nearly 90,000 reverse mortgage loans held by seniors were at least 12 months behind in payment of taxes and insurance and were expected to end in “involuntary termination” in 2017.  That is more than double the number the year before.

More than 18 percent of reverse mortgage loans taken out from 2009 to June 2016 are expected to go into default because of unpaid taxes and insurance, according to the HUD report.

The federal Consumer Finance Protection Bureau has warned seniors about deceptive advertising practices when it comes to reverse mortgages.  Last year, the federal agency fined three companies — American Advisors Group, Reverse Mortgage Solutions and Aegean Financial — for alleged false claims, misleading seniors to believe that if they took out a reverse mortgage they would not have to make monthly payments or face foreclosure, leaving out the risks of failing to pay property charges.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.