Posts Tagged: ‘Foreclosure Trends’

Postcard Alerts of Foreclosure Cash Could Be Ignored

April 19, 2013 Posted by kingcade

Beginning this month, hundreds of thousands of Floridians are expected to receive foreclosure-restitution checks through federal agreements with banks. The fear is that the letters might be mistaken for a scam or junk mail and will be thrown out. It is estimated that approximately $3.6 billion will be awarded to 4.2 homeowners nationwide who were facing foreclosure in 2009 and 2010. Those who are eligible for the cash should have received a postcard in late March alerting them that they would be receiving a check worth between $250 and $125,000. The postcards were sent out by Minneapolis-based Rust Consulting, the firm contracted by federal regulators to disburse the checks. Homeowners have been wary of the postcards and checks due to already being overwhelmed with foreclosure-related mailings.

The Office of the Comptroller of the Currency offered agreements with 13 financial institutions to compensate for foreclosure-related abuses and replace the Independent Foreclosure Review. Homeowners were asked to apply to have their foreclosure inspected and receive compensation based on the findings. However, few people signed up for the review. In November of last year, approximately 3.8 percent of Floridians who were sent letters about the program had applied. This proves that homeowners are so uneasy about anything foreclosure-related, they are willing to miss out on compensation for foreclosure abuse.

Click here to read more about the postcard alerts of foreclosure checks being sent to Floridians throughout the month of April.

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 website, Kingcade & Garcia, P.A.

New Foreclosure Bill – Good for Banks, Bad for Homeowners

April 18, 2013 Posted by kingcade

A bill to speed up the Florida foreclosure process is headed to the House floor this legislative season. However, consumer advocate groups believe HB 87 will favor banks rather than homeowners. According to Rep. Cynthia Safford, ‘the bill diminishes the rights of homeowners and consumers.’ This bill is the Legislature’s third attempt in three years to address the backlog of foreclosures in Florida. A Senate companion bill is also moving through the committee process. This bill forces banks to disclose the correct documents and also shortens the statute of limitations for post-foreclosure lawsuits against homeowners.

Consumer advocates are pointing out some of the other provisions that are a bit more controversial. The bill states that homeowners cannot get their home back after a fraudulent foreclosure if it has been sold to another person. Another controversial point in the bill is that it would allow condominium associations to speed up the foreclosure process on homeowners who have not paid their dues. Florida has the largest foreclosure inventory than any other state in the nation. Currently there are more than 300,000 homes in the process of foreclosure. Additionally there are hundreds of thousands that are at risk of foreclosure.

Click here to read more on HB 87 and what it can mean for you.

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 website, Kingcade & Garcia, P.A.

Rebuilding Your Life After Foreclosure

April 1, 2013 Posted by kingcade

Record-breaking foreclosure rates have been a popular topic in the media since the housing market crashed. Unfortunately, we do not hear much about what happens to these families after they have lost their homes. Homeowners who have been foreclosed on by their lenders face many hardships, even after the dust has settled from their case. Below are some of the issues that foreclosure victims face and some smart solutions to their problems.

Finding a New Place to Live
Finding a new place to live is the most dire and immediate challenge foreclosure victims face. Many who have recently been foreclosed on do not have the cash for a deposit for rental property. Also, many landlords will not accept a renter with lower credit scores, which many foreclosure victims have. The best thing to do is to make plans as soon as you think you might be foreclosed on. This will allow you time to save up some cash to rent, if need be.

Suffering Through the Credit Fallout
Once other creditors find out that you have been foreclosed on, they tend to think it is likely that you will default on your debt with them, as well. As a result, you are likely to be forced to pay an inflated interest rate. Some foreclosure victims see interest rates rise as much as 30 percent. The best thing you can do is work toward rehabilitating your credit score as fast as you can, to be eligible for lower interest rates.

Purchasing a New Home
If you were foreclosed on due to circumstances that were beyond your control, such as unemployment, you are more likely to be eligible for a mortgage in the near future. Many foreclosure victims are able to obtain a mortgage again within three years of a foreclosure. Federally insured mortgages are the best option for foreclosure victims, i.e. FHA loans. However, you must understand that in order to obtain a mortgage in three years, you will need to prove that you have been practicing good bill-paying habits since the foreclosure.

Explaining Your Foreclosure to a Potential Employer
In financial-related fields, it is not uncommon for employers to run credit checks on potential employees to see how financially responsible the person is. If you have recently been foreclosed on and are applying for a position where you will be handling money, you should have an explanation ready for your potential employer.

Post-Foreclosure Tax Bill
If you have been foreclosed on and your home has been sold in an auction, you may be billed for taxes your lender was not able to recover from the sale of the property. However, there are some reasons you may not be obligated to pay the tax bill. If you are financially insolvent, the IRS may allow the debt to be forgiven.

Click here to read more on ways to rebuild after a foreclosure.

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 website, Kingcade & Garcia, P.A.

Don’t be fooled by these 6 Mortgage Scams

March 14, 2013 Posted by kingcade

Homeowners struggling to avoid foreclosure are often the prime targets of con artists selling mortgage-relief scams. Many mortgage scammers have been arrested, but plenty more are trying to take advantage of homeowners’ financial woes. Here are some examples of common mortgage-relief scams.

1.) Imposter counselors: Several Florida men were arrested in August 2011 and charged with defrauding homeowners as a company named Home Owners Protection Economics Inc., or H.O.P.E. — meant to mimic the name of Hope Now, a public-private alliance of lenders, nonprofit housing counselors and other mortgage-industry participants. The scammers claimed to be connected to the homeowners’ lenders or said the homeowners were approved for a loan modification under the Home Affordable Modification Program. They demanded an upfront fee for their services.

2.) Loan-Audit Offers: This scam works by a salesperson calling the homeowner and saying they are going to audit their mortgage documents and use the violations they could find to force their lender to approve a loan modification. The scammers would tell people that they found violations 90% of the time. These scammers typically ask homeowners for $1,000 to $5,000, with an average fee of $3,000.

3.) Money-back guarantee: Howard Shmuckler, owner of The Shmuckler Group in Vienna, Va., collected almost $2.8 million from struggling homeowners by promising them he could guarantee a loan modification under the Home Affordable Modification Program. He told these homeowners to stop making their mortgage payments and to avoid contact with their lenders. Homeowners should never pay a fee for loan-modification assistance. Government and nonprofit housing counselors provide this service for free. Some of Shmuckler’s victims might have been able to modify their mortgages under HAMP if they had not fallen so far behind on the mortgage after following Shmuckler’s advice.

4.) Calls to stop contacting your lender: Be wary of anyone who tells you to stop paying your lender or who tells you to stop trying to contact your lender. This past March, three people were arrested on charges of committing fraud against California homeowners. They were Gregory and Cynthia Flahive, ex-spouses and co-owners of Flahive Law Corp., and the firm’s managing attorney, Mike Johnson. In addition to requiring upfront fees in exchange for loan-modification assistance, the Flahives told one homeowner to reject his lender’s offer of a loan modification. They told that homeowner that they could get a better deal. Instead, the home was lost to foreclosure in four months.

5.) Misrepresentation of the attorneys general settlement: Another common scam is for homeowners to be told that a caller is from a government agency with information about the mortgage settlement. The caller requests a bank routing number or other personal information to “facilitate the refund,” but then the scammers drain the bank account. To avoid this scam, never give out personal financial information to anyone who calls.

6.) Mass-joinder scam: Fake and even legitimate law firms send notices to homeowners, including some who are not in financial distress, that claim the homeowners have been wronged by their lenders and may be eligible for restitution. The homeowners are told to pay $2,000 or more to become part of the lawsuit. Never pay a fee to become part of a class-action lawsuit. Anyone who guarantees a loan modification from your lender or guarantees that a foreclosure can be prevented cannot be telling the truth.

Click here to read more on Mortgage Scams.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. 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 website, Kingcade & Garcia, P.A.

Foreclosure Filings in January Fall to Lowest Level Since 2007

February 19, 2013 Posted by kingcade

Foreclosure filings in January 2013 fell to its lowest level since April of 2007. According to RealtyTrac, notices of default, scheduled auctions, bank repossessions and other filings fell to 150,864. Altogether, these account for a 7% decline from December 2012 and a 28% decline from January 2012. New foreclosure filings have fallen to the lowest level since June 2006. According to RealtyTrac spokesman, Daren Blomquist, the peak of the foreclosure crisis has passed. Blomquist said that improvements are likely to be made throughout the rest of the year and by this time next year he expects to see pre-crisis numbers.

A major contributor to the decline in foreclosures is the result of new state regulations that took effect in California on January 1st. California led the nation in foreclosures through most of the housing crisis. During January, Florida surpassed California as the state with the most foreclosures. The Homeowner Bill of Rights went into effect in California on January 1st that helped protect its borrowers from foreclosure. According to the Bill, mortgage servicers must freeze all foreclosure proceedings once a borrower applies for a mortgage modification. The Bill also includes a $7,500 fine for servicers if they record and file multiple unverified documents in foreclosure proceedings.

To read more on this story visit:
http://money.cnn.com/2013/02/14/real_estate/foreclosures/index.html?iid=SF_PF_River

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. 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. website at www.miamibankruptcy.com.