Foreclosures Archives - Page 34 of 57 - Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

“Extreme Makeover: Home Edition” Not Always a Fairytale

Posted on November 7, 2013by Admin

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.

Squatting Scheme Targets Victims of Foreclosure

Posted on November 4, 2013by Admin

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.

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

Posted on October 30, 2013by Admin

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.

Click here to read more on this story.

Foreclosures, Timothy Kingcade Posts

Foreclosure Attorney David J. Stern Faces Disbarment

Posted on October 29, 2013by Admin

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.

Click here to read more on the story.

Foreclosures, Timothy Kingcade Posts

Foreclosure doesn’t have to mean the End of Homeownership

Posted on October 24, 2013by Admin

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

Posted on October 17, 2013by Admin

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.

Foreclosures, Timothy Kingcade Posts

117,088 Foreclosures Prevented in Second Quarter by Fannie Mae, Freddie Mac

Posted on October 16, 2013by Admin

According to the Federal Housing Finance Agency’s quarterly report, Fannie Mae and Freddie Mac completed approximately 117,000 foreclosure-prevention actions in the second quarter of 2013. The modifications, repayment and forbearance plans helped 75 percent of struggling homeowners manage their mortgage payments and keep their homes. The short sales and deeds-in-lieu allowed 25 percent of the borrowers to avoid foreclosure.

Additional findings from the second-quarter report included:

• One-third of the permanent loan modifications in the quarter included principal forbearance.
• More than half of the homeowners who received a permanent loan modification in the quarter had their monthly payment reduced by more than 30 percent.
• The number of Fannie Mae and Freddie Mac delinquent loans dropped nationally during the quarter. This was attributed to a drop in seriously delinquent loans.
• Borrowers who were more than 60 days delinquent on a Fannie Mae or Freddie Mac loan dropped 7 percent during the quarter.
• As of June 30, about 11 percent of the borrowers whose loan was modified in the third quarter of 2012 had missed two or more payments.

Click here to read more on the Federal Housing Finance Agency’s quarterly report.

Foreclosures, Timothy Kingcade Posts

Trend Alert in Foreclosures: Courts Becoming More Homeowner Friendly

Posted on October 14, 2013by Admin

According to a panel of circuit judges, tougher standards for getting evidence into record is having an effect on the number of new residential foreclosures being filed in the State of Florida. The new law that took effect July 1 requires plaintiffs to acknowledge in foreclosure complaints that all documentation needed to prove a case is in their possession. The August 28th decision from the Fourth District Court of Appeal requires that banks’ expert witnesses have direct knowledge of the authenticity of records being submitted for evidence.

The silver lining for homeowners is the new Florida law and recent appellate decisions have made lenders hesitant about filing new cases. Homeowners are getting dismissals based on the lenders’ inability to show they have standing and the statute of limitations expiring five years after the notice of default. This has been particularly evident in Palm Beach County where new filings dropped 61 percent in July from the previous year.

Click here to read more on courts becoming more homeowner friendly in foreclosures.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

U.S. Federal Courts Remain Open Amid Government Shut Down

Posted on October 11, 2013by Admin

Federal courts will continue to hear and decide cases amid the U.S. government shutdown. Federal courthouses will remain open under the terms of the Anti-Deficiency Act, the federal law that calls for “essential” work to continue in the event that federal funding is frozen. Most judicial services are considered essential- so judges will keep working, legal filings will continue to be processed and federal defenders will continue to be assigned indigent defendants.

However, courts have been encouraged to conserve as much as possible by deferring non-crucial expenses. The first two weeks following the shutdown, the courts will use revenue from filing fees and long-term appropriations that are not part of the annual budget to pay its staffers as normal.

Once those funds are exhausted, employees deemed non-essential would be furloughed without pay. Those considered essential would continue to work without pay, though they would be entitled to retroactive money after the government resumes business. Jurors will also be forced to wait until after the shutdown ends to receive payment for their service.

A memo from the courts’ central administrative office said judges should not prioritize between criminal and civil cases. During a shutdown, courts will eschew non-essential expenses, such as training, purchasing equipment and supplies and paying for travel.

While judges will continue to hear cases, the Justice Department said it will ask to postpone appearances in civil and bankruptcy cases as long as it did not compromise the safety of human life or the protection of property under the terms of the Anti-Deficiency Act. The Justice Department has said that criminal cases would continue to be heard without delay or interruption.

Click here to read more on the effects the government shutdown has on U.S. Federal Courts.

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.

Bankruptcy Law, Foreclosures, Timothy Kingcade Posts

Credit Mistakes that Can Wreck your Retirement

Posted on October 10, 2013by Admin

A recent University study found that elderly people are more likely than any other age group to file for bankruptcy. The “boomer generation,” now thinking about retirement can learn from the seven credit mistakes below:

1.) Assuming that you are nearing the end of the road. According to the Social Security Administration, the average life expectancy is 84 for men and 86 for women. Keeping that in mind, treat credit as a long-term asset accompanied with risks, responsibilities and important benefits.

2.) Avoiding Credit. Many seniors are proud of their financial accomplishments. Whether they have finally paid off their mortgage, payed off their credit cards or car. But if you ever need a loan and you have little credit in your name, your credit score could have dropped. This means you will likely have to pay higher interest rates if you ever need credit for a life emergency. Instead, get a credit card. But use it only as you would a debit card, charging only what you can afford to pay at the end of each month. This will help rebuild your score.

3.) Taking on too much debt. A recent study by Demos found that Americans aged 50 and over have an average credit card balance of $8,278, compared to $6,258 for people under 50. Senior debt has many causes. More than a third of people over the age of 50 with credit card debt use their credit cards to cover basic living expenses, which is a big mistake. This makes them vulnerable to debt collection scams and withdrawing money from retirement accounts to pay off credit card debt.

4.) Student Loans. Think twice before signing for any student loans. The average borrower over age 60 owes $19,521 in student loan debt, and 12.5 percent of them are delinquent on their payments. Some took college classes later in life. Others have debt leftover from school days long past or cosigned on student loans for their children and grandchildren.

5.) Co-Signing. To help their children or grandchildren purchase a car, new home or pay for college, many seniors have co-signed loans. Oftentimes, not realizing that lenders and credit reporting agencies do not distinguish between borrowers and co-signers. Instead, lend money directly. This will help your loved one establish credit of their own without endangering your financial future.

6.) Failing to check your credit score. Check your credit score for free once a year with each of the three major credit bureaus and sign up for tools such as Credit.com’s free Credit Report Card, which allows you to see your credit profile and provides free scores that update monthly. 36 percent of seniors who did this found errors which severely damaged their credit scores.

7.) Failing to understand reverse mortgage risks. A reverse mortgage can provide seniors extra money during retirement by tapping all the equity they have built up in their home. The loan is repaid only when they die, sell or move out of the home. It is important that you do your homework. Meet with a certified financial advisor to see whether a short- or mid-term reverse mortgage is right for you.

Click here to read more on credit mistakes that can wreck your retirement.