Foreclosures Archives - Page 28 of 56

Foreclosure Evictions on Hold for the Holidays

Posted on December 10, 2014by Admin

Homeowners in danger of losing their homes are getting an early Christmas present this year from Fannie Mae and Freddie Mac. The two mortgage giants are putting a temporary hold on all foreclosure-related evictions between December 17 and January 2, 2015.

While evictions will come to halt during this period, all legal and administrative proceedings will continue, including filing notices of default and scheduling auction sales. If a foreclosure sale is completed during this time, families will not be forced to leave their homes until after January 2, 2015.

JPMorgan Chase said it will also hold off on evictions until after the holidays. In the past, Citibank, Wells Fargo, Bank of America and other big mortgage lenders have also followed suit. These banks have yet to announce anything for this year.

Click here to read more on this story.

http://money.cnn.com/2014/12/09/real_estate/christmas-eviction-moratorium/

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.

Ocwen Financial Corp. Accused of Illegal Foreclosure Practices

Posted on November 19, 2014by Admin

There were 700,000 foreclosures nationwide last year and some of those didn’t need to happen. Even six years after the housing market crash, mortgage companies are still making mistakes and foreclosing on homes when they should not be. Ocwen Financial Corp., one of the nation’s largest mortgage servicers, is under investigation in a new lawsuit over its treatment of homeowners facing foreclosure. The class action lawsuit alleges Ocwen has been charging mark-ups, illegal fees and unfairly pushing homeowners into foreclosure.

This is ironic; because for years Ocwen has claimed to help homeowners avoid foreclosure. They even trademarked the slogan, “Helping homeowners is what we do!”

The case has been filed in a federal court in Florida and is seeking class-action status. The lawsuit alleges that Ocwen is charging illegal fees. Ocwen, oftentimes follows a pattern, usually beginning with a small problem, a mix-up with an escrow account or a homeowner simply misses a few payments.

Ocwen has charged plaintiffs late fees that it was not permitted to charge under the terms of the mortgage agreement. The suit claims Ocwen also forced upon borrowers a second insurance policy through one of its own affiliates, and alleges that the company has been improperly steering profits to itself through this affiliate company.

One exhibit in the lawsuit is a plaintiff’s monthly statement asking for a payment of $73,000. Documents show that regulators are looking into thousands of loan-modification letters that likely caused homeowners “significant harm” because Ocwen back-dated them. Back-dating the letters made it look like the homeowners had missed their opportunity to avoid foreclosure.

Related Resources:

http://www.npr.org/2014/11/18/364131391/firm-accused-of-illegal-practices-that-push-families-into-foreclosure

Foreclosures, Timothy Kingcade Posts

Relaxed Mortgage-Lending Rules APPROVED!

Posted on October 27, 2014by Admin

Three U.S. agencies signed off this week on relaxed mortgage-lending rules. These new standards represent an effort to ensure more mortgage loans are available for borrowers. The Federal Reserve, Securities and Exchange Commission and Department of Housing and Urban Development approved the new rules for the mortgage-backed securities market, a day after three other agencies approved the standards.

The rules are intended to improve the quality of loans by giving banks a financial incentive to ensure mortgages can be repaid. The initial rules required that banks hold 5% of the risk of mortgages packaged and sold to investors or require a 20% borrower down payment. But regulators, concerned that overly stringent rules would harm the housing market’s recovery, recanted on the 20% down payment.

Instead, banks will be able to avoid the 5% risk-retention requirement if they verify a borrower’s ability to pay back the loan and comply with other requirements, such as ensuring borrowers’ debt payments do not exceed 43% of their income.

Officials say these standards are still sufficiently strong enough to prevent a repeat of some of the worst abuses from the housing market crisis, including loans in which the lender does nothing to verify a borrower’s income. The new rules, which go into effect in fall 2015, will be reviewed for its impact on the economy four years later, and every five years after that.

Click here to read more on this story.
http://online.wsj.com/articles/divided-sec-signs-off-on-relaxed-mortgage-lending-rules-1414009530

Foreclosures, Timothy Kingcade Posts

‘Condo Takeover Schemes’ – The New Foreclosure Threat?

Posted on October 20, 2014by Admin

In the wake of the foreclosure crisis, condo takeover tactics have emerged. Here’s how it works- Real estate investors buy up foreclosed condo units in a building, then take control of the building’s condo association, which allows them to set condo fees at whatever level they choose. By inflating these fees beyond what the occupants can afford many longtime condo owners are at risk of being priced out of their homes.

Condo owners in a Reading, Pennsylvania, subdivision were pushed out of their homes after a real estate development company bought up foreclosed units in the complex and then took control of the association. Using a Pennsylvania law, the investor then dissolved the condo association, allowing it to place the nearly 100 units in the complex for sale. The attorney who represented many of these condo owners told NBC that the developer offered the remaining owners buyouts valued at just one third of their mortgages. Finding that they are suddenly underwater, many of the owners lost their homes.

Housing experts say the practice fits with a broader trend of investors buying foreclosed properties, then hiking up rents and other fees, sometimes evicting longtime residents, usually renters, out of their homes.

Click here to read more on this story.
http://www.nbcnews.com/feature/in-plain-sight/condo-takeover-schemes-can-pose-new-foreclosure-threat-n215316

Foreclosures, Timothy Kingcade Posts

‘Zombie’ homes a growing problem in Florida neighborhoods

Posted on October 10, 2014by Admin

A bank forecloses on a home, the residents pack up and leave and the city is left to clean up the mess. These abandoned homes in foreclosure limbo, referred to as zombie homes are haunting a number of Florida neighborhoods. These properties are often uninhabitable because they have fallen into such disrepair, and the owners are unwilling to fix them up because with the outstanding mortgage payments, the bank can still come back and foreclose on the property.

By hand-picking which foreclosures they complete and which they ignore, banks are strapping individual borrowers with a permanent, inescapable debt while creating slums in already struggling communities. These vacant homes often attract drug dealers and squatters and bring down the value of surrounding properties.

The financial crisis resulted in many homeowners walking away from their properties when they got their initial foreclosure notice, seeking to avoid being evicted, not realizing that the process could take years.

Zombie foreclosures have become more widespread in recent years throughout the country, but are especially prevalent in Florida, where as of June 2, 48,630 homes in some stage of foreclosure sat vacant, according to RealtyTrac. That accounts for a third of the 141,406 vacant foreclosed properties nationwide!

According to real estate experts, zombie foreclosures come in two forms:

1.) The unintentional “byproduct” of Florida’s judicial foreclosure process, which can take months and result in “properties sitting in limbo;”

2.) Intentional delay by lenders, who file a foreclosure case so they do not lose the option to do so when the statute of limitations runs out. However, these lenders do not move forward because completing the foreclosure would not be financially viable.

Zombie homes can haunt homeowners- and neighborhoods for years, having a negative impact on cities. When homeowners and banks walk away from a property, the city is left with the responsibility of the home.

The Justice Department has taken some responsibility. Bank of America and JPMorgan Chase & Co. each agreed to forgive loans when they decide not to pursue foreclosure and have helped cities pay to demolish the abandoned homes. The agreements, however, contain no specific monetary obligation and instead fall under broad consumer relief payments.

Florida cities like Jacksonville and St. Petersburg have borne the burden. Jacksonville demolished 113 homes that were vacant and unsafe in 2013. In 2014, the city bulldozed another 60 properties. It is estimated that St. Petersburg will demolish 100 houses this year. Officials have said the city simply does not have the resources to deal with all of the vacant homes.

Click here to read more on this story…
http://www.publicintegrity.org/2014/09/15/15519/zombie-homes-haunt-florida-neighborhoods

Foreclosures, Timothy Kingcade Posts

Mortgage Relief Scams BUSTED!

Posted on October 1, 2014by Admin

State and federal law enforcement agencies have brought 41 enforcement actions against scammers who prey on homeowners struggling to make their mortgage payments. “Operation Mis-modification,” has targeted a number of mortgage relief scams and charged the perpetrators behind the schemes with deceptive marketing, making false promises and pocketing illegal fees.

So how do these scammers target their victims? Some scammers sift through public foreclosure notices looking for potential targets. There’s no shortage of these. According to one market analyst, almost 700,000 homes were in some stage of foreclosure in April. Others advertise on the Internet, television and even the side of the road with signs stating, “Stop Foreclosure NOW” or “Get a Loan Modification.”

Tactics used to scam struggling borrowers include:

• Pretending to be associated with a government agency or the homeowner’s mortgage lender.
• Guaranteeing loan modifications regardless of the circumstances.
• Claiming to be a non-profit whose purpose is to educate the public about keeping their homes.
• Convincing homeowners to surrender the title to their home with a promise that they can buy it back later.

The FTC has discovered two more sophisticated schemes involving “forensic loan audits” and “mass joinder lawsuits.” In a forensic loan audit, the scammer will examine your loan documents to determine whether the lender made any errors that can be used to stall a foreclosure. In a mass joinder lawsuit, scammers who often pose as attorneys convince homeowners that they should join a lawsuit with others in similar circumstances against their lender. In both the audit and lawsuit scheme, homeowners are required to pay upfront fees and get little or nothing in return.

Below are some tips from the FTC and BBB to avoid being the victim of a mortgage relief scam:

• NEVER pay an upfront fee to get help with a mortgage / loan modification. No matter what someone tells you, it is against the law for companies that provide mortgage relief services to charge you before they give you a written offer from your lender and you have accepted that offer.

• Do not send your mortgage payment to anyone but your lender. Companies that ask you to send your mortgage payments to them while they negotiate on your behalf almost always take the money and disappear. If your lender does not receive your mortgage payments, you could lose your home.

• Do not fall for official sounding names. Most of these organizations try to make themselves sound legitimate by choosing names like the “Federal Debt Commission” or “Federal Assistance Program.” That does not mean they are affiliated with the government.

• A forensic loan audit will not prevent foreclosure. There is no evidence that forensic loan audits will help you get a loan modification or any other foreclosure relief, even if these are conducted by a licensed auditor, mortgage professional or lawyer.

• There are no guarantees. Do not do business with a company that guarantees to get you a loan modification. The law requires that companies tell you that your lender may not agree to change your loan.

Foreclosures, Timothy Kingcade Posts

Florida’s “New” Foreclosure Initiative Favors Banks not Homeowners

Posted on September 15, 2014by Admin

In the past year, Florida judges have been working under explicit directions from the state Legislature and Supreme Court to get rid of old foreclosure cases and clear the court dockets- largely by awarding tens of thousands of homes to the banks.

The state’s so-called “foreclosure initiative” is set on clearing the court system of cases and cutting the time it takes banks to foreclose. This is a nightmare for many underwater homeowners struggling to hold onto their homes.

State legislative and judicial leaders have ignored the ramifications of foreclosing on thousands of families and turning these properties over to the banks. In an attempt to clear the backlog of foreclosures, the state has set up a parallel legal system in which judges hear only foreclosure cases — often more than 100 motions a day — in courtrooms set up solely for that purpose. In another twist, the rules will differ from those that guide civil law in other types of cases in Florida and across the country.

Homeowners and foreclosure defense attorneys are outraged, saying “the state’s entire court system is being compromised” and they are not getting a fair hearing in a legal system that is favoring the banks from start to finish. In statements from the bench and other public forums, judges have made it clear that speed is their top priority. The rights of homeowners come, at best, second.

The state Supreme Court set a target of disposing of 256,000 foreclosure cases each year for three years. That works out to about 700 cases per day. The courts have gone as far as to hire retired judges solely to hear foreclosures and case managers. These clerks and judges schedule hearings and trials even if both parties do not consent.

According to data collected by the state, one judge in Broward County closed 786 cases in a single day! Overall, Florida judges disposed of 193,922 foreclosure cases in the first nine months. Not surprisingly, the overwhelming majority of those judgments were against homeowners.

Click here to read more on this story.

Bankruptcy Law, Foreclosures

Is it better to file bankruptcy BEFORE or AFTER foreclosure?

Posted on September 9, 2014by Admin

If you plan to file bankruptcy and are also facing foreclosure, the timing of your bankruptcy can make all the difference- depending on whether you want to keep your home. When you file for bankruptcy, an automatic stay immediately goes into effect. This freezes all collection activities against you, including any collection attempts from your mortgage lender. Once the automatic stay goes into effect, creditors cannot take money from you or pursue any lawsuits against you. Even collection phone calls and letters violate the automatic stay.

If you file for bankruptcy before your home is sold at foreclosure, the automatic stay will prevent the foreclosure from moving forward. This will also allow you to stay in your home longer and add to the time it takes the lender to sell your home.

If you do not want to keep your home and your bankruptcy is complete before the foreclosure, this can give you peace of mind. You will not need to worry about any lingering deficiency balance once the foreclosure goes through. Bankruptcy will eliminate this. Even if you try and negotiate a loan modification with the bank and do not succeed, you can still walk away without owing anything.

If you have any questions on this topic or 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

BOA’s $17 Billion Mortgage Settlement Explained

Posted on September 8, 2014by Admin

Bank of America has agreed to a legal settlement with the Department of Justice to avoid prosecution for hundreds of billions of dollars in bad mortgage loans, making it the largest corporate legal settlement with the government in U.S. history. The total “on-paper” cost of the deal is reportedly as high as $17 billion. But many are calling the deal deceptive. In reality, the settlement is unlikely to cost BOA anywhere near that amount. Much of the deal will be tax deductible and half of its cost is made up of actions on behalf of homeowners that are in the bank’s best interest- not in the form of cash refunds that will cost the bank money.

So what does this settlement mean for struggling borrowers and underwater homeowners? While the details are still being worked out, the deal includes roughly $9 billion in cash payouts and $7 to $8 billion in “consumer relief” actions such as mortgage write-downs and refinancing for struggling borrowers. These consumer relief provisions do not require the bank to spend money they would not already spend in the normal course of business operations. For BOA, helping people stay in their homes and keep making payments is better for the bank’s revenue than foreclosing on struggling homeowners.

The settlement requires BOA to relax loan terms, reduce principal amounts and destroy abandoned properties that are hurting property values. Even at face value, the reported settlement is minuscule compared to the harm caused by Bank of America companies. The on-paper cost of the deal is less than 7 percent of the value of the mortgage deals Bank of America and its subsidiaries Countrywide and Merrill Lynch made before the housing crisis that have since gone bad.

Foreclosures, Timothy Kingcade Posts

Miami Mortgage Fraud Scheme Costs FHA $50 Million

Posted on August 29, 2014by Admin

Greater County Mortgage Bankers owner Hector Hernandez was indicted along with seven of his employees for a $50 million mortgage fraud scheme. Wire fraud charges were filed against developers Armando Bravo and Aleida Fontao.

The indictment states that the defendants secured fraudulent mortgages through the Federal Housing Administration from 2006 through 2008. The loans included exaggerated income and financial statements. Hernandez, the owner of the mortgage company allegedly used false documents such as phony earning statements to qualify borrowers, who otherwise would not have qualified.

Hernandez was also accused of giving borrowers kickbacks after closing on condominiums. The majority of the Great County loans defaulted and went into foreclosure. The scheme cost the FHA over $50 million, as these loans were guaranteed.

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.