October 2013 - Page 3 of 3 - FREE CONSULTATION

A new report indicates that sales of distressed homes have greatly increased across South Florida in August, a sign that more foreclosures are working their way through the court system. Four out of 10 Broward County sales last month involved homes in some stage of repossession, according to RealtyTrac, Inc. Foreclosure-related homes accounted for only 21 percent of Broward sales in August 2012. In Palm Beach County, 36 percent of August sales involved distressed homes, up from 20 percent a year earlier.

The figures are based on county deeds and include single-family homes, condominiums and townhomes. Broward’s median price in August for distressed homes was $112,150, up 24 percent from a year ago, RealtyTrac reported. Palm Beach County’s median for distressed homes increased 21 percent to $110,000.

Individual investors and large investment firms have been buying these foreclosed properties, usually paying in cash. In July and August, nearly seven in 10 sales across Palm Beach, Broward and Miami-Dade counties were all-cash deals, RealtyTrac reported. The investors add value through renovations, then turn around and sell the homes for a profit. Investment firms tend to rent the homes for a year or longer before selling.

According to real estate agents the demand has helped the market rebound from the housing crash, but has led to a shortage of homes and kept many young families from buying.

Click here to read more on the increase of distressed home sales across South Florida.

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.

The following tips can help you maintain your sanity when it comes to dealing with debt collectors. The first step is to try and address the issue before it becomes a problem. While paying bills on time is ideal, it is not always possible. Sometimes the unforeseen can occur- the loss of a job or an unexpected health problem can cause you to fall behind on bills and accumulate a great deal of debt. It is important that you do not ignore the issue. First, contact your creditors and explain the situation, attempt to work out a payment plan before the bill is turned over to collections.

If this is not possible and the debt gets turned over to a harassing debt collection agency, you have options. Write a letter requesting that the collector stop contacting you. Under the Fair Debt Collection Practices Act (FDCPA), debt collection agencies and attorneys must stop contacting you after receiving a letter requesting that they stop calling. You should also indicate any illegal actions committed by the collector in this letter. Keep a copy of this letter for your records.

After you send this letter, collectors may only contact you to acknowledge receipt of the request, to tell you their efforts have ended or to tell you that they are suing you. However, you should note that the FDCPA only applies to collection agencies and attorneys – it does not apply to in-house collection departments, although many creditors will honor the request. If your letter fails to end the harassment, a letter from a lawyer usually will. Additionally, once you have hired a lawyer, the collection agency or creditor’s attorney must only communicate to you through your lawyer. The other benefit of retaining an attorney is that they can help you raise legal claims under the FDCPA.

Under the Fair Debt Collections Practices Act, it is illegal for debt collectors to do the following:

• Contact your employer or neighbors about your debt
• Call you late at night or at unreasonable hours
• Call you at work
• Call you repeatedly
• Engage in deceptive conduct
• Calling you without disclosing the collector’s identity
• Use obscene, derogatory, or insulting remarks
• Threaten arrest or loss of child custody or welfare benefits
• Publish your name
• Use any communication, language or symbols on envelopes or postcards that indicate that the sender is in the debt collection business
• Threaten self-help repossession without legal right or present intent to do so

If the collection agency is in violation of any of these laws, you may be able to sue them for damages, your attorney fees, plus an additional $1,000.00.

If you are in a financial crisis and are considering filing 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.

Month: October 2013

Distressed Home Sales Increase in South Florida

Creditor Harassment- Know your Legal Rights