Foreclosures, Timothy Kingcade Posts

JP Morgan Chase & Co., Govt. Near $13 Billion Settlement

The Justice Department and JPMorgan Chase & Co. have finally reached an agreement involving the $13 billion settlement of a civil inquiry into the company’s sales of low-quality mortgage backed securities that collapsed in value during the financial crisis. The settlement is the largest ever reached between the government and a corporation- surpassing the $4 billion BP oil spill settlement.

The agreement will require JPMorgan Chase & Co. to pay $6 billion to compensate investors, pay $4 billion to help struggling homeowners and pay the remainder as a fine.

So how is this going to help struggling homeowners hit hard by the housing crisis? Well, according to the first person close to the talks, some $1.5 billion will be a write-down forgiving homeowner loans, $300 million will enable homeowners to pay less now on their mortgages and the remainder of the $4 billion will go toward reducing existing loans, originating new loans and helping revive properties in some of the hardest hit areas of the housing crisis, such as Detroit.

Still to come is a decision as to whether the Justice Department will file criminal charges against JPMorgan Chase & Co. An investigation in currently under way.

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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.

Bankruptcy Law, Credit, Foreclosures

U.S. Consumer Debt on the Rise- Highest Since Early 2008

According to data from the Federal Reserve Bank of New York, U.S. household debt increased in the latest quarter by the most it had in more than five years and student loans in delinquency hit a record high. Total consumer debt rose to $11.28 trillion, which marked the biggest quarterly jump since 2008. The increase in the third quarter suggests that the cycle may be nearing its end.
There is has been an increase of household debt essentially across all spectrums. Americans have recently put more on credit cards, borrowed more money to buy houses and cars and took out more student loan debt.

The continued rise in student debt continues to be a cause for concern. Outstanding balances increased $33 billion to $1.03 trillion in the third quarter. A record 11.8 percent of loans were behind by 90 days or more, the New York Fed said, up from 10.9 percent in the second quarter. Student loan debt can unfortunately not be discharged under current bankruptcy law. Economists worry that in the coming years delinquencies could lock people out of economic participation.

Foreclosures which continue to decline, hit their lowest levels since the end of 2005.

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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.

Foreclosures, Timothy Kingcade Posts

Foreclosure Activity Increases Nationwide in October

According to RealtyTrac Inc., foreclosure filings in October- default notices, scheduled auctions and bank repossessions- were reported on 133,919 U.S. properties, a 2 percent increase from the previous month but a 28 percent decrease from a year ago. The report states that one in every 978 U.S. homes had a foreclosure filing during the month of October.

Among the nation’s 20 largest metro areas, the highest foreclosure rates were in Miami, Tampa, Chicago, Baltimore and Riverside-San Bernardino. The biggest annual increases in foreclosure activity were in Baltimore (up 296 percent for 13th consecutive month with an annual increase), Washington, D.C. (up 48 percent for fifth consecutive month with an annual increase), New York (up 20 percent for 16th consecutive month with an annual increase), Philadelphia (up 15 percent for eighth consecutive month with an annual increase), and Miami (up 7 percent for first annual increase after two consecutive months of annual decreases).

According to Daren Blomquist, vice president of RealtyTrac, this is attributed to the “backlog of delayed judicial foreclosures making their way through the pipeline, with many of these properties scheduled for public auction.”

States with the biggest annual increases in scheduled judicial foreclosure auctions included Maryland (up 177 percent), Delaware (up 142 percent), New York (up 98 percent), New Jersey (up 97 percent), Pennsylvania (up 58 percent), Connecticut (up 35 percent), and Florida (up 32 percent).

Miami posted the highest foreclosure rate: one in every 264 housing units with a foreclosure filing. Miami foreclosure activity in October increased 7 percent from a year ago boosted by a 51 percent jump in scheduled foreclosure auctions.

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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.

Foreclosures, Timothy Kingcade Posts

Bank of America Ordered to Pay $863.6 Million Following Fraud Verdict

The U.S. government has declared that Bank of America pay $863.6 million in damages after a federal jury found it liable for fraud over defective mortgages sold by its Countrywide unit. In addition, the government also asked for penalties against Rebecca Mairone, a former midlevel executive at the bank’s Countrywide unit who the jury also found liable.

The government said these penalties were necessary and it intends “to send a clear and unambiguous message that mortgage fraud for profit will not be tolerated.” Bank of America and Mairone were each found liable for defrauding government-controlled mortgage companies Fannie Mae and Freddie Mac through the sale of fraudulent loans purchased from Countrywide in 2007 and 2008. Mairone has since joined JPMorgan Chase & Co and denied any wrongdoing.

The government said that Countrywide’s program emphasized short term gains and rewarded employees for quantity over quality, eliminating checkpoints designed to ensure the loans were sound. The verdict has been considered a major victory for the U.S. Department of Justice, which has been criticized for failing to hold banks and individuals accountable for their roles in the events leading up to the 2008 financial crisis.

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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.

Foreclosures, Timothy Kingcade Posts

“Extreme Makeover: Home Edition” Not Always a Fairytale

A number of families that appear on the popular TV show, “Extreme Makeover: Home Edition” encounter obstacles once the cameras and crew leave town. Oftentimes, it is the struggle to afford the upkeep on their expensive new homes and the hefty monthly mortgage payments.

The first of several foreclosures for the show involved Eric Hebert. In an early 2006 episode, his family home, described as a basement with a roof over it, received a huge makeover. The new home resembled a multi-story mountain lodge. Public records show Mr. Hebert’s original mortgage was for $110,000 in September 2004. In January 2006, just before the show aired, he refinanced for $250,000. About a year later, came another refinance with Wells Fargo for $382,500. A notice of default was recorded in January 2009 and the home was foreclosed on in October.

The Okvaths received a 5,346-square-foot home with six bedrooms, a movie theater and carousel in the backyard for their home makeover. After falling upon hard times, the family could no longer afford the $3,056 monthly mortgage payment. The area has an 18-month supply of homes in that price range and the Spanish-style mansion is out of place in its modest surroundings.

Some contestants have opted for a quick fix and attempted to sell their new homes. However, the homes featured on the show are big, luxurious residences built in working-class, rural communities making the properties a tough sell.

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

Squatting Scheme Targets Victims of Foreclosure

Two men in Colorado Springs are accused of squatting in homes as part of a scheme targeting homeowners facing foreclosure. It is alleged that Bryan Jensen, 31, and Ethan Eaton, 34, were hoping to use adverse possession to gain ownership of homes with distressed mortgages. Under Colorado law, if someone uses a property for at least 18 years, it becomes theirs- free and clear.

According to police, Jensen and Eaton set up businesses to promote the scheme under the names, American Home Ventures LLC and Austin Home Ventures LLC. The website hopeforyourhome.com, defines their purpose as, “Establishing a plan that will turn your distressed property into a cash machine, regardless of equity” and that their company exists “to help good people out of tough financial real estate situations.”

Investigators allege the two were squatting in homes owned by people who reside out of state. They also helped several people trespass onto vacant properties in the city. Police have yet to identify those individuals. Police can confirm that Jensen and Eaton set up utilities in their names at the homes and filed adverse possession claims with the county clerk’s office.

This type of scheme is not limited to Colorado, adverse possession cases have been seen in areas across the country, including Florida, with a high rate of foreclosed homes.

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/2013/10/30/3721164/squatting-scheme-alleged-in-colorado.html

Credit, Foreclosures, Timothy Kingcade Posts

New Finance System Provides Hispanics the Key to Homeownership

The goal of owning a home is deeply rooted in the Hispanic culture. It’s considered a symbol of success and an important element when providing for one’s family. The housing crisis hit Hispanic families particularly hard. The Hispanic homeownership rate now stands at 45.9 percent, well below the national rate of 65 percent. Thousands of Hispanic homeowners are still “underwater” on their homes, while even more lost their homes to foreclosure.

New Directions for National Policy, the Bipartisan Policy Center Housing Commission has put forth a comprehensive plan for an entirely new system of housing finance. Under the plan, the private sector will play a far greater role in bearing mortgage-credit risk.

A key goal of the plan is to preserve the 30-year fixed-rate mortgage, which has allowed millions of low- and moderate-income families to achieve their dreams of homeownership. Stretching out the mortgage payments over 30 years helps keep monthly payments low and provides certainty to borrowers by protecting them against interest rate volatility over the life of the loan. Other elements of the plan include promoting the widespread availability of housing counseling for first-time homebuyers and adopting sound underwriting standards.

As the housing market continues to recover, the National Association of Hispanic Real Estate Professionals (NAHREP), reports why Hispanics will be a dominant force in the housing market for years to come- First, the Hispanic community is growing dramatically, with some experts predicting the Hispanic share of the overall population climbing to 29 percent by the year 2050. Second, the purchasing power of Hispanics is on the rise and exceeded $1 trillion in 2012. Third, Hispanic educational levels are increasing, with Hispanics now the largest minority group on our nation’s college campuses.

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Foreclosures, Timothy Kingcade Posts

Foreclosure Attorney David J. Stern Faces Disbarment

Former foreclosure attorney David J. Stern may ultimately be disbarred for violations related to his role in the highly publicized “robo-signing” scandal. Stern is still a licensed lawyer in good standing with the Florida Bar. In April, two years after the scandal broke, the Bar filed an 80-page complaint that includes 17 counts that Stern violated the Bar’s rules of professional conduct. The Bar alleges that “Stern failed to properly supervise lawyers and non-lawyers at his firm and failed to halt regular violations of the Florida Bar rules.”

Stern earned the name the “foreclosure king” when his Plantation law firm rapidly expanded during the foreclosure crisis in 2006. He was a lead attorney for home mortgage provider Freddie Mac and several other big banks. Accusations were reported to the Florida Bar and local courts that the firm was filing false and inaccurate documents in those cases. Stern’s office was forced to close and thousands of employees were laid off.

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Foreclosures, Timothy Kingcade Posts

Foreclosure doesn’t have to mean the End of Homeownership

When the housing bubble burst in 2007, Americans were hit hard. According to RealtyTrac, 4.8 million borrowers lost their homes to foreclosure and 2.2 million gave up their homes in short sales. The recovery has been slow, but finally the housing market is re-emerging and showing signs of strength. Many former homeowners have learned difficult lessons and gained a new perspective on saving and making wise investments.

Following these tips will help set prospective buyers who have previously faced a foreclosure or short sale on the right path to homeownership:

• Work with a reputable lender. Make sure that person has the experience and knowledge to help you make an informed, affordable lending decision. They can also explain the time limits that affect buyers who have previously faced a foreclosure or short sale. There is generally a set amount of time that needs to pass before you are eligible to be considered again for a mortgage loan.

• Make an honest assessment of your credit situation. Having a foreclosure or short sale on your financial record will affect what options you may have for loan approval. Be an informed borrower. Access your credit report from all three credit agencies by visiting www.annualcreditreport.com. It’s free!

• Save up for a down payment. Homebuyers re-entering the housing market after a foreclosure or short sale typically need to have a 20% down payment before purchasing a home. Keep in mind the additional expenses you may have to cover, such as closing costs. Properly handling financial responsibilities of homeownership beyond the monthly mortgage payment like taxes, homeowner’s insurance, utilities and other household expenses will be important in earning your loan approval.

• Get preapproved. It’s a good idea to work with a lender who offers a pre-approval program. The preapproval process helps borrowers determine their budget, first before getting into their home search.

Click here to read more on the steps to take to achieve homeownership after facing a foreclosure or short sale.

Foreclosures, Timothy Kingcade Posts

National Foreclosure Settlement Rules Revised Following Complaints

The $25 billion national mortgage foreclosure settlement is getting tweaked following numerous complaints that mortgage servicers are falling short on the promises made to struggling borrowers. When the settlement was originally announced in February 2012, its goal was to compensate borrowers for the wrongs they experienced in the foreclosure process. It also put into place new servicing requirements that applied to the nation’s five largest servicers: Bank of America, Wells Fargo, JPMorgan Chase, Citigroup and Ally/GMAC.

However, recent complaints from homeowners, housing counselors and state attorneys contend that banks are not complying with the set standards agreed to as part of their pact with the Justice Department, attorney generals and the banks.

The new procedures put into place include:

• All five banks will give homeowners 60 days, instead of 30, to submit additional documents that might help them secure a loan modification before their home moves into foreclosure.

• Banks have promised to do a better job of overseeing employees who work with borrowers.

• Bank of America and Wells Fargo have agreed to be more specific about what missing information they need from homeowners.

• Bank of America and Wells Fargo have agreed to escalate loan modification applications when a customer is being asked repeatedly for more documents.

• Bank of America and Wells Fargo will now use an online portal to submit documents and create a direct contact for the housing counseling agencies working with struggling homeowners.

Click here to read more on the new changes in the national foreclosure settlement rules.