Archive for: ‘June 2010’

Florida Supreme Court Enacts New Law to Clean-up Foreclosure Filings, But many Attorneys continue to ignore it

June 15, 2010 Posted by kingcade

In an attempt to clean up careless legal mistakes and incomplete documentation submitted by attorneys in foreclosure cases, the Florida Supreme Court recently enacted a new law that requires the attorney or bank filing a foreclosure to verify that the allegations and paperwork are accurate when a residential property is at stake. A majority of the paperwork filed up to this point has been submitted incomplete or with careless mistakes made, resulting in time and resources being wasted by the courts.

This issue is of particular importance in South Florida, where it seems many homeowners can’t seem to catch a break when it comes to foreclosures. According to recent numbers from RealtyTrac, foreclosures in South Florida have grown 71 percent in the first quarter compared to the same time frame in 2009. These continuing problems with the foreclosure process could affect the speed at which the housing market recovers, slowing the process of reselling properties and stabilizing the market.

However, a stand still has occurred recently in these cases. The attorneys of large foreclosure firms are choosing to ignore the ruling, claiming the decision from the Supreme Court states “not final,” while Florida judges and defense attorneys fight for the section of the decision that states “shall become effective immediately upon the release of this opinion”. Well, that opinion was released back in February.

The bottom line for South Florida homeowners, who are in the middle of this, is when a foreclosure is filed: Do NOT just hand over your property. Rather, make sure the bank or lender retaking your home has the proper paperwork to show for it. Finally, hire an experienced attorney. 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, P.A. Web site at www.miamibankruptcy.com.

To read more on this story go to:
http://www.heraldtribune.com/article/20100601/ARTICLE/6011046/0/NEWS?p=4&tc=pg

Jury Awards Man $1.5 M after Debt Collection Agency Leaves Harassing and Vulgar Voicemail Messages

June 10, 2010 Posted by kingcade

The largest verdict of its kind was awarded to Texas resident, Allen Jones after he received a series of racist and vulgar voicemail messages from Advanced Call Center Technologies (ACT) in August of 2007. Advanced Call Center Technologies (ACT), a Pennsylvania debt collection agency began making these calls as early as 6:30 a.m. and would continue till 11:00 p.m. More egregious was the amount in question, which was a mere $200 that Jones had already paid in full. Eight messages were cited in the case and when brought to court the jury sided with Jones, awarding him $1.5 million in punitive damages, $143,000 in attorney’s fees, and $50,000 in mental anguish.

There are several rules and regulations when it comes to collecting debt: no calls before 8 a.m. and after 9 p.m. unless agreed, no false claims, no harassment, and no unfair practices. This verdict should come as a warning to debt collection agencies that are practicing corrupt collection practices. There are strict laws against this that protect the people.

To read more on the Allen Jones story go to :
http://www.aolnews.com/nation/article/vulgar-voice-mails-cost-debt-collection-agency-15-million/19500256

For more information on your rights as a consumer, visit:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

If you have any questions on the topic of bankruptcy or feel you have been a victim of corrupt collection practices please contact me, Bankruptcy Attorney Timothy Kingcade at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.com.

-Timothy Kingcade

Morality of Bankruptcy

June 7, 2010 Posted by kingcade

Filing for bankruptcy has often been linked with a social stigma for many individuals, often causing those who are on the verge of filing, personal guilt, fear about the future, and morality struggles. But in fact, filing for bankruptcy can often be an economically wise choice for many Americans who have found themselves in financially overwhelming situations. A recent article in the Minneapolis Star-Tribune reported that over 60 percent of all Americans who file for bankruptcy have done so as a result of excessive medical bills. This comes as no surprise to anyone who has had difficulty qualifying for health insurance or was unable to afford their monthly premiums.

At my practice, I have seen a significant increase in the number of senior citizens filing for bankruptcy as a result of having to put their monthly prescriptions on credit cards. Many of these individuals are already on fixed financial budgets and Medicare/Medicaid applies only after a certain amount is covered out of pocket. The article also noted that the average Chapter 7 bankruptcy filer has an income of only $20,000 per year, which isn’t exactly a lot of money, and can easily disappear when one is faced with an unexpected financial burden. Job loss and divorce also play a huge role in bankruptcy filings. Along with medical costs, these two factors account for the vast majority (about 90 percent) of all bankruptcy filings.

The bottom line here is that bankruptcy exists to protect those who truly need its protections. Without it, the American economy would likely not flourish with as much innovation as it does today—thanks to the security that bankruptcy provides, entrepreneurs can take risks that they might not otherwise have.

Filing for bankruptcy is emotionally and mentally exhausting. The day you hire our firm, we will contact your creditors to stop the harassment. We offer free office consultations and will listen and evaluate your individual situation, taking immediate action to help get you back on your feet. If you need relief from creditors calling and are considering bankruptcy as an option contact our experienced and compassionate team of attorneys today for a free consultation at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.