Foreclosures Archives - Page 15 of 57 - Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Bankruptcy Law, Debt Relief, Foreclosures, Timothy Kingcade Posts

With Foreclosures on the Decline, Loan Modifications Increase

Posted on September 20, 2016by Admin

HOPE NOW, a private alliance of mortgage servicers, investors, mortgage insurers and non-profit counselors, has released its July 2016 loan modification data. It stated for the month of July that total non-foreclosure solutions (i.e. – the combination of total loan modifications, short sales, deeds in lieu and workout plans) were approximately 112,000. This compares to approximately 25,000 completed foreclosure sales for the month- a ratio of more than four mortgage solutions for every foreclosure sale.

The report states that approximately 5,700 short sales were completed in July 2016 compared to 6,300 in the month prior. This represents a decrease of approximately 10 percent. Short sales were reported to have approximately 5,700 completed in July 2016 in contrast to 7,700 in July 2015, a decrease of 26 percent.

The report also included an estimated 35,000 permanent loan modifications completed in July 2016, compared to 34,000 in July 2015. This was a reported increase of approximately 3 percent. This total includes modifications completed under both proprietary programs and the government’s Home Affordable Modification Program (HAMP).

Of the permanent loan modifications completed in the month of July, the report shows that an estimated 23,000 were through proprietary programs and 12,081 were completed through HAMP. In addition, of the 23,000 proprietary modifications completed in July, 46 percent (or 10,437), reduced the monthly principal and interest payment by 10 percent or more.

Foreclosure starts reduced 5 percent month over month to approximately 51,000 in July from 54,000 in June. Additionally, foreclosure sales were reportedly about 25,000 in July from 29,000 in June. This was a decrease of 12 percent month over month. Likewise, foreclosure sales were approximately 25,000 in July 2016. This is compared to 28,000 in July 2015 which was a decrease of 9 percent.

While delinquencies continue to decline to “pre-crisis” levels and the data trends certainly suggest the market is recovering, there remains a portion of the population who still need assistance. These regions include: Florida, Georgia, New Jersey and California.

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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.

Credit, Debt Relief, Foreclosures, Timothy Kingcade Posts

5 Tips to Bounce Back from a Foreclosure or Short Sale

Posted on September 16, 2016by Admin

More than 9.3 million homeowners lost a home through a distressed property sale from 2006 through 2014, according to the National Association of Realtors (NAR). As rents continue to rise and mortgage rates remain low as the economy continues to improve, some who lost their homes during the housing market crash are now ready to re-enter the market. In fact, a 2015 study by the NAR found that 1.5 million previous homeowners might be eligible to buy within the next five years, based on the time it takes to improve credit scores and save for a down payment.

Here are some tips to remember when re-entering the housing market after a foreclosure or short sale:

Know your options. For homeowners who had extenuating circumstances, such as prolonged income loss or major medical expenses, Fannie Mae has shortened the waiting period to two years after a pre-foreclosure sale – a short sale or deed in lieu of foreclosure – and to three years after a foreclosure. You no longer have to wait seven years after a bankruptcy or foreclosure to purchase a new home.

Start saving. Saving for a down payment and closing costs are the biggest hurdles for would-be home buyers. Create a strategy for savings and avoid impulse purchases. Save your bonus checks, tax refunds and set up a direct deposit to your savings account to help build your down payment.

Repair your credit. The FHA’s minimum credit score requirement for maximum financing is 580. However, other mortgage lenders require a FICO score of 640 or higher. Here are some quick tips to help repair your credit:

Pay off any high-interest debt on time each month;
Do not take out new loans or maximize your lines of credit;
Ask your utility providers or landlord to report your on-time monthly payments to the major credit bureaus.

Beware of predatory lenders. Never sign any contract you are unsure of and if you encounter a lender that tries to sell you a “special” zero-down home loan or any offer that sounds just too good to be true- do not take the bait. Always get a second opinion. Have a real estate attorney, housing counselor or a different lender review the paperwork for you.

Enlist expert help. Not only can housing counselors help you address credit issues and set up a savings plan, they can connect you with state, local and private resources that can help get you into a new home. If you are looking to re-enter the housing market, reach out to a “HUD-approved” housing counselor before you begin. Also, the National Foundation for Credit Counseling (NFCC) provides help to more than 3 million people each year. Find a NFCC-certified housing counselor to discuss your options.

Related Resources:

http://www.bradenton.com/news/business/article95538517.html

Debt Relief, Foreclosures, Timothy Kingcade Posts

‘Zombie’ foreclosures decline across the country- but not in some states

Posted on September 14, 2016by Admin

As the foreclosure crisis winds down, some consequences of the crash continue to loom in neighborhoods across the country. ‘Zombie foreclosures’- properties that are still in the process of foreclosure but remain vacant- fell in the third quarter, and make up 4.7% of all foreclosures- down 9% from a year ago.

Among the top ten states for zombie foreclosures, there have been some big declines: zombies are down 28% in Florida, 26% in California, and 14% in Illinois compared to a year ago. But they are up 6% in New York and 3% in Massachusetts.

The number of vacant bank-owned properties jumped 67% in the third quarter compared to a year ago, to 46,604, according to Attom Data Solutions.

Coincidentally, the states with the greatest number of properties in foreclosure are the states with the greatest number of zombies. These states are also judicial foreclosure states (states that require foreclosures go through a court process), and include New York, New Jersey, Florida, Illinois, and Indiana.

States that go through the court process provide greater protections to homeowners, but take longer to complete. The lengthy process increases the likelihood that a foreclosure will become a zombie. But the recent turn in the housing market and our nation’s economy has given struggling homeowners more of an incentive to fight to save their homes.

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Foreclosures, Timothy Kingcade Posts

Banks sell off foreclosure remnants, helping eliminate housing ‘zombies’

Posted on September 12, 2016by Admin

Zombie foreclosures remain a big problem in certain parts of the country. Banks are taking action on those vacant, foreclosed homes and selling them at a fast turnover. In fact, vacant homes in the foreclosure process are expected to drop 9 percent in the third quarter from a year ago, but vacant bank-owned properties are expected to jump 67 percent during the period, according to ATTOM Data Solutions.

Currently, there are just over 46,600 vacant bank-owned properties (known as REOs) littering neighborhoods nationally. More low-priced homes would seem to be a bonus for a housing market plagued with a short supply, but that is not the case in this situation. The vast majority of these zombie foreclosures are in the least desirable markets for investors. New York, Philadelphia and Chicago have the highest number of vacant foreclosures, but they are in some of the most impoverished areas. The homes are also in terrible disrepair.

That means the homes that are left, the zombie foreclosures, require thousands of dollars of work to make them either desirable to renters or buyers. Government-backed mortgage entities like Fannie Mae and the FHA have strict lending requirements when it comes to distressed properties.

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Bankruptcy Law, Credit, Debt Relief, Foreclosures

Bank of America Accused of Racial Discrimination as Neglect of Foreclosures Worsens

Posted on September 9, 2016by Admin

The National Fair Housing Alliance (NFHA) and nine local fair housing organizations filed an amended discrimination complaint against Bank of America (BoA) this week. The complaint alleges illegal discrimination by BoA in African American and Latino neighborhoods in six additional cities. The cities include: Columbus, OH; Gary, IN; Minneapolis, MN; Newark, NJ; Tampa, FL; and neighborhoods in suburban Detroit.

“Bank of America’s deliberate neglect of its foreclosures in communities of color creates financial concerns as well as health and safety risks for people living near poorly-maintained foreclosed homes,” said Shanna L. Smith, President and CEO of NFHA. “Too many of these foreclosures have overgrown weeds, unsecured doors or windows, and debris left in the yard, creating perfect breeding grounds for rats, mice, snakes, and mosquitoes. Bank of America is exacerbating the risk of spreading the Zika virus in south Florida by allowing standing water to accumulate in pool covers, tires, and debris around these foreclosures.”

This new evidence formed the basis of the amended complaint. The complaint is now comprised of evidence from 1,267 BoA properties in 30 metropolitan areas and 201 cities throughout the United States.

Evidence obtained during the investigation reveals continued failure by Bank of America to perform simple and routine maintenance on its foreclosures in African American and Latino neighborhoods. This includes the failure to lock or secure doors and windows, remove trash and debris left by former owners, mow and edge lawns, trim shrubs, and cut back invasive plants.

On the contrary, the investigation revealed BoA keeps its foreclosures in white neighborhoods in good condition. Lawns are mowed and edged regularly, and BoA properly disposes of the belongings left behind by former owners. BoA is paid to perform these routine duties in all neighborhoods for all of its foreclosures.

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Bankruptcy Law, Debt Relief, Foreclosures, Timothy Kingcade Posts

Wells Fargo and U.S. Trustee Program Reach Mortgage Settlement

Posted on September 8, 2016by Admin

The U.S. Trustee Program recently announced that it has reached an agreement with Wells Fargo Bank requiring the bank to pay nearly $3.5 million in remediation to 8,000 homeowners in Chapter 13 bankruptcy.

The settlement arose in the Chapter 13 case of Ernestine C.J. Green, filed Nov. 30, 2011. Chapter 13 bankruptcy allows individuals receiving regular income to obtain debt relief while keeping their home. To do so, the debtor must propose a plan that uses future income to repay all or a portion of his or her debts over a three to five year period.

A debtor with a home mortgage can continue to pay the mortgage, or sometimes the Chapter 13 trustee appointed in the case pays the mortgage with income provided by the debtor’s earnings. Mortgagees or mortgage servicers are required under Bankruptcy Rule 3002.1 to file and serve notices when the mortgage payments change during the course of the Chapter 13 case.

The previous settlement in November 2015 contemplated that Wells Fargo would engage an independent reviewer to identify potential systemic issues in the bank’s operations.

“That compliance monitoring led to the discovery of a deficiency in Wells Fargo’s processes and procedures relating to the certificates of service filed with the PCNs” between 2011 and 2016, Jane Limprecht of the USTP told Bloomberg BNA. The deficiency caused “thousands of homeowners” to receive their change notices with fewer than the 21 days notice required before payment changes could take effect, she said.

The new settlement will provide refunds and credits to affected consumers, and Wells Fargo is required to change its procedures to prevent the problem from happening, again.

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If you 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, Timothy Kingcade Posts

From a $150 HOA fee to Foreclosure

Posted on September 6, 2016by Admin

One missed HOA payment could cost a Hillsborough family their home. The family is taking on the Rivercrest Community Association, who just sold their $300,000 home at auction. The family claims they had no warning. Now the fight to save their home could very well leave them homeless.

The family has called their Rivercrest neighborhood home since 2005, when they bought if for around $270,000. The HOA put a foreclosure lien on the house and recently sold it at auction for $19,000. The family’s cut: $14,000.

The family said they had been paying their annual dues, but say they did not get a notice that the HOA was missing a 2009 payment for four years. In that time, $150 turned into $750 then $3,000 in fees. They agreed to a payment plan with HOA lawyers. The HOA’s law firm, Bush Ross landed in a class-action suit accused of violating the Fair Debt Collection Practices Act.

The family received $300 from the settlement and thought they no longer owed the past dues, so they stopped paying. They were scheduled to make a plea to a Hillsborough County judge on August 31. The Clerk’s Office told the media that court documents from April gave the family a month to pay their then-$4,300 balance or the home would be auctioned.

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Debt Relief, Foreclosures, Timothy Kingcade Posts

Florida Court Upholds City’s Rights to Place Liens on Zombie Foreclosure Homes

Posted on September 2, 2016by Admin

A state appeals court recently ruled that liens placed on foreclosed homes cannot be discharged when the home goes through a judicial sale. The decision comes from the Fourth District Court of Appeal of the State of Florida, which upheld a lower court’s ruling that liens placed on abandoned properties by Florida cities for code violations cannot be terminated once the home is sold through the judicial process.

The decision is meaningful to Florida cities because the state currently has the third highest total of zombie foreclosures, which are homes that have been foreclosed on and abandoned by the homeowner but not yet sold.

Florida has 2,467 zombie foreclosures as of the second quarter of this year, ranking behind New Jersey, which has 4,003 zombie homes, and New York, which has 3,352 zombie homes, according to data from RealtyTrac.

The court’s full decision can be read here.

Related Resources:

http://www.housingwire.com/articles/37891-florida-court-upholds-citys-rights-to-place-liens-on-zombie-homes

Debt Relief, Foreclosures, Timothy Kingcade Posts

FHA’s New Guidelines Help Struggling Homeowners Remain in their Homes

Posted on August 31, 2016by Admin

New procedures put in place by the Federal Housing Administration (FHA) will help strengthen the process mortgage services currently use and help struggling families stay in their homes and avoid foreclosure.

The updated procedures will streamline the process servicers use to engage borrowers, specifically when evaluating them for the FHA-Home Affordable Modification Program (FHA-HAMP). These changes will reduce the number of steps that a servicer and borrower must take to resolve a delinquency and enter into a loss mitigation home retention product. In addition, FHA is removing certain obstacles that will allow servicers greater flexibility for evaluating an unemployed borrower for a special forbearance agreement.

Here is what homeowners need to know about the new provisions. Specifically, the FHA will:

Require servicers to convert successful 3-month trial modifications into permanent modifications within 60 days instead of the average four-to-six months;
Allow borrowers with three missed mortgage payments to qualify for a partial claim to bring their payments current versus the previous requirement for a minimum of four missed payments;
End the traditional stand-alone Loan Modification option so struggling borrowers can access the FHA-HAMP option, to receive payment relief quicker;
Eliminate the required 12-month term for FHA’s special forbearance option. This will allow servicers to offer this option to more unemployed households.

Related Resources:

www.fhfa.gov

https://rismedia.com/2016/08/28/fha-streamlines-process-to-help-delinquent-homeowners-stay-in-homes/

Foreclosures, Timothy Kingcade Posts

Florida Attorney General Filed Court Action to Stop Foreclosure Fraud

Posted on August 22, 2016by Admin

A court action has been filed to stop foreclosure fraud. Attorney General Pam Bondi filed the action to stop a group of non-lawyers from operating an illegitimate foreclosure defense and loan modification law firm.

“Florida homeowners facing the stress of foreclosure should not have to worry about scammers posing as lawyers and making false promises of relief to get what little money the homeowners may have. Thanks to the great work and dedication of my Consumer Protection Division, we will continue to fight foreclosure rescue fraud and protect homeowners,” said Attorney General Bondi.

The attorney general’s office alleges three men- Adam Forman, Joseph Hilton (a.k.a – Joseph Starr), and Victor Spagnuolo operated eight firms that were used to scam homeowners into paying large upfront fees for legal services. Another problem, not one of them was an attorney.

The named firms are Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law and Selective Housing Solutions.

According to the office, the men also face possible criminal charges for the unlicensed practice of law from the Coral Springs Police Department, Boca Raton Police Department, the Broward County State Attorney’s Office and the United States Secret Service.

There were 37 complaints received from consumers about the defendants’ “deceptive and unfair practices.” Some of the allegations included misleading representations regarding the law firms’ expert legal services, charging unlawful up-front fees prior to the services being completed, failing to protect the consumers’ homes from foreclosure and failing to obtain loan modifications as promised.

Full restitution is being demanded for consumers who have been affected by the crime. The complaint also seeks an injunction that will prevent the defendants from engaging in future loan modification, foreclosure defense and legal services.

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