Bankruptcy Law, Debt Relief, Foreclosures, Timothy Kingcade Posts

Precedent Overturned to Award Debtor Fees

The Ninth Circuit recently overturned precedent allowing for attorney’s fees in a debtor’s prosecution of a creditor, after the creditor violated an automatic stay.   The case transpired after a woman filed a lawsuit against Wells Fargo subsidiary America’s Servicing Company in 2009 after it sold her home at a trustee’s sale, despite the fact that a stay had been entered in a Nevada bankruptcy court.

After the bankruptcy court found the company willful in its intent, it granted the woman $80,000 in sanctions and damages – including $20,000 in attorney’s fees.  America’s Servicing argued on appeal that the bankruptcy court had improperly included the attorney’s fees with the “actual damages” awarded, and a federal judge reversed that portion of the award.

The woman then sought an additional $10,000 in attorney’s fees for her defense of the company’s appeal. The bankruptcy court denied this, finding that the fees did not constitute “actual damages” because the stay violation had ended before she had to challenge the appeal. But the Bankruptcy Appellate Panel reversed the decision and granted the fees, and the Ninth Circuit upheld the panel’s judgment.

In a 20-page opinion, Circuit Judge Paul Watford wrote that a crucial precedent case is Sternberg v. Johnston, in which the circuit held that the statute at issue allows a debtor to recover only those fees incurred to end the stay violation itself, not the fees incurred to prosecute a damages action.

But Watford pointed out that Sternberg “misconstrued the plain meaning” of the statute, and the circuit overruled the case to the extent that it was inconsistent with its opinion.”Rather than decide whether Sternberg‘s holding extends to the facts of this case, we think the better course is to jettison Sternberg‘s erroneous interpretation of [the statute] altogether,” he said.

Watford said that Congress’s inclusion of the automatic stay provision “strengthened the remedies previously available to debtors injured by willful stay violations,” and it “makes an award of actual damages and attorney’s fees mandatory, and grants bankruptcy courts the discretion to impose punitive damages in appropriate cases.”

Click here to read more on this story.

If you have any questions on this topic or are in a 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.

Credit, Debt Relief, Foreclosures

The Fight Continues to Change the Federal Govt. Policy on Sales of Distressed Loans

Senator Elizabeth Warren, Democrat of Massachusetts has joined other lawmakers and advocates in the fight to change the federal government’s policy of selling distressed mortgages at a discount to private equity firms and hedge funds.  The senator has called on the Department of Housing and Urban Development and the Federal Housing Finance Agency (that oversees Freddie Mac and Fannie Mae) to make it easier for nonprofit organizations to bid for bundles of distressed mortgages put up at auction.

The sale of these distressed mortgages by HUD has come under increased scrutiny recently as critics are concerned that private buyers of distressed mortgages are moving quickly to foreclose on borrowers, instead of modifying the loan terms.  Oftentimes, the investors are purchasing the loans at a discount of up to 30 percent.

Ms. Warren has accused HUD and the F.H.F.A. of “lining up with the Wall Street speculators.”  “Wall Street is interested in profits, not in working out a way for people to stay in their homes,” she continued.

In a blog posted last week, we discussed the disadvantages of these private equity firms’ practices in dealing with delinquent borrowers.  One of the biggest buyers of distressed mortgages is Lone Star Funds, a $60 billion private equity firm.   Housing advocates say that in addition to the rally with elected officials, they plan to protest outside Lone Star’s offices in Washington.

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.

Bankruptcy Law, Credit, Foreclosures

Pilot Program – Selling Homes in Bankruptcy to Skip Foreclosure

Senior U.S. bankruptcy trustee for the Southern District of Florida, Kenneth Welt, says strong demand is consuming the inventory of distressed real estate sold through a pilot program to avoid foreclosure.   The program was launched in September 2014.  Welt said it took nearly a decade to convince lenders to sell properties directly out of bankruptcy court in short sales instead of moving cases directly into foreclosure.

In the last six months, he has closed the sale of 15 houses after borrowers surrendered the properties in bankruptcy.  New cases in the past week generated five more potential deals.

In September, one sale turned a no-asset bankruptcy case into a deal that partially satisfied the first mortgage and generated $13,000 for unsecured creditors and $10,000 for a nonfiling spouse. By arranging the bankruptcy sale, marketers generated $345,000 for a three-bedroom waterfront house with patio, pool and tiki hut on a 9,563-square-foot lot in Pompano Beach.  In another case, Nationstar Mortgage, was owed $934,524 on a property that last sold for $560,000 in 2004. It authorized the trustee sale and accepted a $291,453 payoff.

Welt said, “It’s a win-win and gives debtors a fresh start. That’s what bankruptcy is. From a people standpoint, it’s a good thing for the homeowner, for the neighborhood and for the lender.”

Instead of letting foreclosures drag on as bankruptcies play out, the program aims to subtract years off the sales process and deliver payments to unsecured lenders that would likely have ended up with nothing in the case.

Last year, Welt received approval from Fannie Mae, Freddie Mac and several major lenders to create a program that would accelerate sales in cases where homeowners surrendered their property. The Federal National Mortgage Association and Federal Home Loan Mortgage Corp., which are linked to about 60 percent of foreclosures, signed on to the pilot program covering the Southern and Middle Districts of Florida, New Jersey and the Eastern District of New York.

Under the program, lenders must agree to allow a percentage of home sale proceeds for general unsecured creditors in bankruptcy.

Click here to read more on this story.

If you have any questions on this topic or are in a 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

Florida Slowest State to Administer Foreclosure Aid

According to a report by federal regulators, the Sunshine State is behind other states when it comes to disbursing foreclosure relief.  Florida has $1 billion set aside in Troubled Asset Relief Program (TARP) funds, supplied by taxpayers.  The federal government created the Hardest Hit Fund (HHF) that has $7.6 billion in TARP funds, to help families in the states that were hardest hit following the housing market crash.

In a new report, TARP finds that “Florida has the lowest homeowner admission rate for relief funds offered by the organization, one of the highest withdrawn application rates and has consistently denied homeowners at higher rates than the national average.”  With these findings, the report says that HHF Florida has not been as effective in helping homeowners in distress as the funds in other states.

According to the report, only 20 percent of the applicants for relief are accepted in Florida. The national average acceptance rate is about 48 percent.  Florida is supposed to disburse its $1 billion in taxpayer loans by December 2017.  However, five years into the program’s existence, Florida has spent only half of the funds, leaving many homeowners still in “critical need,” according to the report.

Florida homeowners were some of the hardest hit following the housing market crash; 18.3 percent of the 2.8 million homeowners who received foreclosure filings were in Florida.  Nearly 6 percent of Florida households were in foreclosure- about three times the national average.

The report also reveals that the Treasury relies on homeowners to comply with a federal regulation prohibiting anyone convicted of a mortgage-related crime within 10 years from receiving HHR funds, which means homeowners must self-report if they have been convicted of a mortgage-related crime. This makes the fund “vulnerable to fraud and thwarting the intent of the Dodd-Frank Act,” according to the report.

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.

Related Resources: http://www.bizjournals.com/southflorida/news/2015/10/06/florida-is-slowest-state-to-disburse-foreclosure.html

Foreclosures, Timothy Kingcade Posts

Private Equity Firms Rush to Buy Troubled Mortgages

Private equity and hedge fund firms are capitalizing on the remaining inventory of the mortgage crisis – more than 100,000 troubled mortgages have been purchased. As the housing market continues to recover, these new financial players had previously been welcomed as offering more flexible terms for delinquent borrowers than big banks.

Recently, these firms have come under fire.  Housing advocates and attorneys who represent borrowers contend that private equity firms and hedge funds are too quick to push homes into foreclosure and have become less helpful than banks in negotiating loan terms.  Their actions have also gotten the attention of Federal and state lawmakers who are questioning why federal agencies are selling loans at a discount of as much as 30 percent to these firms.

An investigation by The New York Times of housing data, court filings, and interviews with borrowers and attorneys reveal a pattern of complaints against companies like Lone Star Funds, a $60 billion private equity firm.  It is reported that Lone Star has been quick to begin foreclosure proceedings, whether they had bought a delinquent mortgage at a federal auction or directly from a bank.   The company reportedly “dealt harshly” with borrowers’ requests for loan modifications.

A closer look reveals Lone Star’s biggest deal — a bundle of 17,000 distressed mortgages that had an unpaid balance of $2.96 billion. With money from public pension funds, Lone Star bought those mortgages in the summer of 2014 at an auction held by the Department of Housing and Urban Development.

Not all of private equity’s push into the distressed mortgage market has been negative. Thousands of homes that were abandoned by borrowers are now back on the market.  Still, many housing advocates argue that federal housing agencies should make it easier for nonprofit organizations to have a better chance to compete for troubled mortgages, because these groups would work harder to avoid foreclosures.

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.

Debt Relief, Foreclosures, Timothy Kingcade Posts

South Florida Renters Stuck in aftermath of the Real Estate Crisis

It’s not only homeowners whose houses are underwater; owners of rental properties are underwater as well.  South Florida’s foreclosure rate has dropped by 50 percent over the last year, but is still double the national average, according to CoreLogic.  It is estimated that one in every 87 homes in the region had a foreclosure in the first quarter.  In Miami-Dade, Broward and Palm Beach counties, about 16 percent of mortgaged homes are underwater, with loans greater than their current market value.

When it comes to foreclosures on rental properties, tenants worry about being kicked out on the street with no notice.  Renters often do not know if the property is in foreclosure or in jeopardy of being sold, due to high turnover among tenants and unscrupulous landlords.  Oftentimes, they do not receive the notice to which they are legally entitled to.

A recent change to Florida’s landlord-tenant law is designed to help.  It guarantees that renters will have at least 30 days after the property is sold to move out.   The law took effect on June 3, 2015 and was meant to replace a federal law, the Protecting Tenants at Foreclosure Act. That law, passed at the height of the foreclosure crisis in 2009 and gave renters the right to stay in their homes until their lease expired — or at the very least, 90 days.  The original law was meant to be only temporary and expired on December 31, 2014.  Without any comparable law in place, before June 3, 2015, tenants were simply out of luck.

The best advice for tenants is to have a back-up plan in place and speak with an attorney to help better understand your situation and your rights when it comes to the foreclosure of your rental property.

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.

 

Related Resources:

http://www.miamiherald.com/news/business/real-estate-news/article34388157.html

Credit, Debt Relief, Foreclosures, Timothy Kingcade Posts

Foreclosure or Short Sale- Which Option is Right for You?

When mortgage payments begin to pile up, some struggling homeowners opt to sell their home.  However, if selling your home does not materialize within a certain period of time – you are left with two options, either short sale or foreclosure.

Before filing foreclosure, it is important to have some knowledge of the process and speak with an attorney.  First, you will receive a Breach Letter that will lead to a ‘Foreclosure Workout’ between you and your lender.  The objective is to come to a resolution for both parties in order to cease delinquent payments.  This process will take 45 days, after which a foreclosure action will commence if there is no resolution. It usually takes 90 to 120 days before you receive a Notice of Default or NOD.

Afterwards, a temporary indulgence is granted, which usually takes 30 to 60 days where you are given a chance to bring the loan current. The borrower can also come up with special or long term forbearance. This involves payment suspension for 18 months and up to 24 months for long term. Other procedures may apply, for example, military indulgence, pre-foreclosure sale, deed-in-lieu of foreclosure, forbearance and modification.

A short sale can be a very enticing solution, but should come with fair warning.  Short sale involves your lender selling your home at a much lesser amount than you owe.  For example, if you are required to pay $190,000 on your loan, the price of your home can be sold for “selling short” of $40,000 at an equivalent of $150,000 only.

For homeowners who choose this option, it is important to remember the tax exemption that was originally granted by Congress in 2007 has expired.  The exemption of taxes for “imputed income” due to short sale transactions ended at the last quarter of 2014.  As a result, the ‘selling short’ or remaining balance of $40,000 will leave you liable for a hefty tax bill from the IRS at the end of the year.

Understanding the pros and cons of foreclosures and short sales is crucial before moving forward with either option.

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.

Related Resources:

http://www.realtytoday.com/articles/18529/20150706/making-a-choice-between-foreclosure-and-short-sale-for-your-property.htm

Debt Relief, Foreclosures, Timothy Kingcade Posts

Struggling Buyers Making a Comeback in Today’s Housing Market

It’s hard to believe that seven years ago the Great Recession hit Florida.  Our state led the nation during the housing boom and was the first to crater when the housing bubble burst.   However, nearly eight years after the downturn began, buyers damaged by excessive medical bills, underwater mortgages and a dismal job market are finding their way back into the real estate market.

Lenders like Fannie Mae have changed its lending criteria. Real estate agents, banks and mortgage brokers are working with buyers, counseling them- oftentimes free of charge- on how to make repairs and get their credit back on track.   Free seminars are cropping up all over the state informing buyers about programs, timeframes for waiting, how to spot credit errors, how to purchase damaged homes in need of renovation and how to get down payment assistance.

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.

Foreclosures, Timothy Kingcade Posts

Foreclosures Reach Eight-Year Low

Foreclosures have fallen to their lowest level in almost eight years. This can be attributed to the steady increase in jobs and rising home prices. According to the real estate trend tracking company CoreLogic, there were 38,000 completed foreclosures in July. This figure is down 6.2% from June’s numbers and it is the lowest since December 2007.

July’s figure shows a significant 67.9% decrease from the peak of 117,225 completed foreclosures back in September 2010. Anand Nallathambi, president and CEO of CoreLogic said, “As we enter the final months of 2015, the housing market continues to gather steam buoyed by improving economic conditions and the release of pent up demand for homeownership.”

Nallathambi also stated that the housing market’s recovery is reflected in the decline of delinquency and foreclosure rates. In July, the national foreclosure inventory, tracked homes at varying stages of foreclosure and found approximately 469,000. This was equivalent to 1.2% of all homes with a mortgage, which was far less than the 650,000 homes (1.7 %) in July 2014. The total decline over the past year for the national foreclosure inventory was 27.9%.

Before 2007’s housing market crash, foreclosures averaged at 21,000 per month nationwide from 2000 to 2006. Following the financial crisis that began in September 2008, there have been approximately 5.8 million completed foreclosures nationwide. Mortgages in serious delinquency (90 days or more past due) have also significantly declined by 23% over the past year.

States with the highest number of completed foreclosures from July 2014 to July 2015 were Florida with 98,000, Michigan with 47,000, Texas with 33,000, California with 27,000 and Georgia with 27,000. These states accounted for nearly half of all completed foreclosures nationally. Four states and the District of Columbia had the highest percentage of foreclosure inventory of all mortgaged homes: New Jersey with 4.8%, New York with 3.7%, Florida with 2.7%, Hawaii with 2.5% and the District of Columbia with 2.4%.

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.

Source:

http://thehill.com/policy/finance/252920-foreclosures-nearing-eight-year-low

Foreclosures, Timothy Kingcade Posts

Freddie Mac and Fannie Mae Join Together to Extend Foreclosure Timelines

Fannie Mae has announced that it will increase the maximum number of allowable days for a foreclosure sale in 33 states, including Florida. According to the announcement, Freddie Mac also increased the maximum number of allowable days for the following jurisdictions: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Nevada, New Mexico, New Hampshire, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.  Both enterprises have indicated that these new foreclosure timelines apply to all foreclosure sales completed on or after Aug. 1.

Florida’s new foreclosure timeline went from 810 allowable days to 930 days, as of August 1, 2015. This gives homeowners a 120 day increase. The maximum number of allowable days represents the maximum allowable period between the due date of the last paid installment and the completion of the foreclosure sale, according to Freddie Mac. The allowable time frame also represents the required time frame for foreclosure proceedings that are deemed “routine” or “uncontested.”

These allowable time frames reflect the legal requirements of the applicable jurisdiction, and consider time delays that might occur outside of the servicer’s control. If a foreclosure sale should exceed the indicated maximum number of allowable days and an adequate explanation for the delay is not given, Freddie Mac will require the servicer to pay a “compensatory fee.”

Fannie Mae and Freddie Mac have also extended the state foreclosure timeline compensatory fee assessments for the District of Columbia, Massachusetts, New York (including New York City), and New Jersey, until Dec. 31.

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.

Source:

http://www.housingwire.com/articles/34989-freddie-mac-joins-fannie-mae-in-extending-foreclosure-timelines

http://www.housingwire.com/articles/34983-fannie-mae-extends-foreclosure-timelines-in-33-states