Foreclosures Archives - Page 54 of 56

Foreclosure Filings Drop Nationwide as Officials Raise Questions over Process

Posted on February 18, 2011by Admin

A recent article in the Washington Post reports foreclosure filings fell to about 260,000 last month nationwide, 17 percent lower than in January 2010. In areas where judges and law enforcement have taken aggressive actions against faulty foreclosures, the drop was even sharper.

In Maryland, where Wells Fargo and Ally Financial last month dismissed pending foreclosures because they were approved by a “robo-signer,” foreclosures fell by 70 percent from last January. In Massachusetts, where the state Supreme Court in January invalidated some foreclosures and called into question many others, there was a 66 percent fall.

In Florida, where law enforcement officials are considering criminal charges in foreclosure cases, there was a 54 percent decline. January was also the third straight month in which the number of foreclosure filings fell under 300,000. The trend comes after filings reached above 300,000 for 20 straight months, according to a report released Thursday by Irvine, Calif.-based RealtyTrac.

The number of foreclosure filings began to drop last fall after large mortgage servicers such as Bank of America, J.P. Morgan Chase and Ally put some foreclosures on hold after admitting that some of them had been improperly prepared. Much of the slowdown is expected to be only temporary, until the reviewing of procedures, resubmitting of paperwork and federal investigation is complete.

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, P.A. website at www.miamibankruptcy.com.

Homeowners more behind on payments before foreclosure

Posted on February 12, 2011by Admin

It can take a long time for the foreclosure process to move from the time a lender issues a foreclosure notice to the time the homeowner is evicted. But the time between the homeowner’s first missed payment and that eviction is even longer. Last year, homeowners across the country were an average of 507 days behind on payments by the time foreclosures were completed. That is more than 100 days longer that the average in 2009.

So why did the foreclosure process take so much longer last year than the year before? A senior vice president at Florida’s Lender Process Services Inc. has a couple of theories.

First, he says that lenders waited longer to issue foreclosure notices in 2010. Because of the “sheer volume of loans” in default, it took Florida lenders an average of 349 days of a homeowner being delinquent before the foreclosure notice was issued. That is nearly a year of being behind on payments before the lenders took any actions toward foreclosure.

Also, the same individual said that lenders are exercising an “abundance of caution” after the robo-signing fiasco. Lenders want to be sure that they do everything properly before evicting homeowners. This is hopefully leading to lenders showing more respect for homeowners’ rights.

These factors both help explain why homeowners were delinquent 25 percent longer before eviction in 2010 than they were in 2009. Not only are lenders waiting longer to issue foreclosure complaints, the actual foreclosure process itself is taking longer.

Source: Bloomberg, “U.S. Homeowners in Foreclosure Process Were 507 Days Late Paying,” John Gittelsohn, 7 Feb 2011

If you have any questions on the topic of foreclosure please feel free to contact foreclosure defense attorney, Timothy Kingcade at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Misery in Miami: Forbes ranks the Magic City 2nd most miserable

Posted on February 9, 2011by Admin

There is no question that Miami has high unemployment and foreclosure rates. Now, those two issues have led Forbes.com to name Miami as the second most miserable city in the United States.

The Misery Index (which does really exist) looks at many factors, including home prices, foreclosure rates, unemployment and even the local sports team’s record. Last year, Forbes.com listed Miami as the sixth most miserable city. This year, we moved up on that list, but managed to avoid the top spot.

Instead, Stockton, California, was listed as the most miserable city for the second year running. According to Forbes.com, “The good weather and lack of state income tax” were our saving grace. But for those two factors, Miami would have come in as the number one most miserable city in America.

NBC Miami speculated that in addition to high unemployment and our foreclosure problems, the crime rate and unscrupulous politicians accounted for Miami’s second spot ranking. The financial struggles related to the unemployment and foreclosure issues certainly contribute to the unhappiness seen in Miami.

Unemployment and foreclosure may be two of the primary sources of discontent here, but they are not unsolvable problems. Solutions do exist for individuals who are facing mounting debt after being laid off or those who have been threatened with foreclosure. Bankruptcy and other debt relief options can help individuals overcome the emotional and financial struggles related to overwhelming debt.

Source: NBC Miami, “Les Miserables: Miami High On Depressing Cities List,” Todd Wright, 2 Feb 2011

Foreclosures, Timothy Kingcade Posts

Florida Churches Join Homeowners in Foreclosure Crisis

Posted on January 26, 2011by Admin

Much of the recent news about Florida foreclosures has centered on homeowners facing foreclosure. But little has been said about the impact of the foreclosure crisis on businesses and religious institutions. Recently, the Wall Street Journal reported on the worrying increase in foreclosures on buildings owned by churches.

Florida and other states have seen a significant rise in the foreclosure rate for all properties, including churches and other buildings used for religious purposes. Between 2006 and 2008, fewer than ten religious groups lost property because of foreclosure. Between 2008 and 2010, nearly 200 faced that fate.

Many churches, like individual homeowners, became caught up in the real estate boom. They expanded too quickly and purchased property with high mortgage payments. That worked well for a short period of time. But now the economic recession has caused church attendance to decline. Those who still attend church are tithing less, which leaves the churches with less operating income.

Without the consistent source of weekly income, churches that once had plenty of money to keep up with the property payments are finding themselves behind on payments. As property values decline, those same churches are also underwater, owing more than the properties are worth.

As one pastor said, “I just told the bank to take [the property].” That pastor had tried to negotiate with his lender. He had tried to refinance, but because he owed more than the property was worth, refinancing was not an option. At the end, he felt that “there’s not really another choice but to walk away.”

This is the same situation that many individual homeowners have found themselves struggling with recently. Anyone who is facing foreclosure should know that they do have options. An experienced bankruptcy attorney can help you explore your options and make decisions that are in your best interests.

Source: Wall Street Journal, “Churches Find End Is Nigh,” Shelly Banjo, 25 Jan 2011

Foreclosures, Timothy Kingcade Posts

Major Ruling Throws out more than 10,000 GMAC Foreclosure Cases

Posted on January 25, 2011by Admin

A recent ruling in Maryland has thrown out more than 10,000 foreclosure cases managed by GMAC Mortgage, due to affidavits in cases signed by Jeffrey Stephan, the infamous GMAC “robo-signer,” who attested to the authenticity of foreclosure documents without any knowledge about them, as well as signing other false statements.

The University of Maryland Consumer Protection Clinic and Civil Justice, Inc. filed the class action lawsuit, arguing that any case using Jeffrey Stephan as a signer was illegitimate and must be dismissed. In court last Friday, GMAC agreed to dismiss every case in Maryland relying on a Stephan affidavit. They can re-file foreclosure actions on close to 10,000 homes, but only at their own expense, and subject to new Maryland regulations which require mandatory mediation between borrower and lender before moving to foreclosure. Civil Justice and Consumer Protection Clinic also want any cases with affidavits from Xee Moua of Wells Fargo, who has also admitted to robo-signing, thrown out.

Now GMAC has to go back and basically file the entire case all over again, meaning they have to give notice of foreclosure to the borrower, engage the borrower in modification options, and run through the whole process from the beginning. They cannot use the shortcut solution, thanks to the class action suit filed.

To read more on this story, visit:
http://news.firedoglake.com/2011/01/16/10000-gmac-foreclosures-stopped-in-maryland/#

Foreclosures, Timothy Kingcade Posts

Banks Drop Hundreds of Foreclosures in Southwest Florida

Posted on January 24, 2011by Admin

According to local attorneys and court records, banks in recent weeks have dropped hundreds of Southwest Florida foreclosure lawsuits in Lee, Collier and Charlotte counties. Opinions vary sharply on whether this means banks are taking a breather before re-filing with stronger evidence, or just giving up for good on hopelessly flawed cases.

The exact amount of foreclosures being dismissed have not been calculated, but eight voluntary dismissals were filed last Tuesday alone by seven different banks including Bank of America, one of the largest filers of foreclosures in the area. Most of the mortgages in dispute were sold to Wall Street and sold in bundles to investors as mortgage-backed securities. However, so many mistakes were made in the process it’s unlikely the banks can win those cases.

This recent wave of voluntary dismissals may be a result of a Massachusetts Supreme Court ruling on January 7th upholding a judge’s decision two foreclosures were invalid because the banks didn’t prove they owned the mortgages, which were said to be improperly transferred into two mortgage-backed trusts.

Foreclosures, Timothy Kingcade Posts

State Details Foreclosure Chaos – “Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases”

Posted on January 14, 2011by Admin

The state attorney general’s office recently gave a 98-page presentation detailing Florida’s foreclosure chaos at a conference for the Florida Association of Court Clerks and Comptrollers. The presentation included copies of allegedly forged signatures, false notarizations and witnesses. It also focused largely on assignments of mortgage, documents that transfer ownership of mortgages from one bank to another. One example in the presentation, noted a signature by someone named Linda Green and was said to appear on hundreds of thousands of mortgage documents from dozens of banks and mortgage companies, but in varying styles.

The presentation entitled, “Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases,” stands as one of the first examples of what the state has compiled in its exploration of foreclosure malpractice, holding banks, mortgage servicers and law firms accountable for contributing to the foreclosure crisis by cutting corners.

To read more on this story, please visit:
http://www.palmbeachpost.com/money/real-estate/state-details-foreclosure-chaos-1164504.html

Foreclosures, Timothy Kingcade Posts

Fannie Mae Introduces New Florida Foreclosure Prevention Program

Posted on January 10, 2011by Admin

By the time many people consider alternatives to foreclosure, the lender has already begun the foreclosure process. Options like negotiating with the lender become nearly impossible because the foreclosure process is completed before those negotiations have time to produce results.

This is why Fannie Mae has introduced a new program in Florida. The initiative is designed to give homeowners who are behind on their mortgage payments the opportunity to negotiate a lower monthly payment before the foreclosure process begins. While this program should not take the place of working with a bankruptcy attorney to make the best decisions, it may help people stay in their homes and avoid foreclosure.

Foreclosures, Timothy Kingcade Posts

Novice Florida Lawyers Draw Suspicion in Foreclosure Crisis- Know the Importance of Hiring an Experienced Attorney when Facing Foreclosure

Posted on December 30, 2010by Admin

Today, more than 260 attorneys work at four of Florida’s largest foreclosure firms, and 48 percent of them have been practicing law for less than three years, according to Florida Bar records. With the recent allegations pertaining to forged foreclosure documents, fraudulent notarizations and questionable affidavits submitted in tens of thousands of foreclosure cases, these novice lawyers are now under a cloud of suspicion. Some may face Florida Bar investigations that could end their careers, while homeowner advocates wonder whether the foreclosure crisis would have reached its state of disorder if it weren’t for legions of novice lawyers doing the legwork.
As Florida’s overwhelmed court system sorts through the foreclosure chaos, many of the attorneys who worked for the now deposed Stern law firm and others like it have been hired at other large companies doing foreclosure work in the state. In sworn statements taken by the state attorney general’s office, two former Stern employees — a paralegal and a legal assistant — attest to wrongdoing at the firm that included hiding problem files from federal auditors, forging signatures and making up documents as staff struggled to keep up with a mounting volume of foreclosures. Lack of experience could have led young lawyers to follow their employer’s lead, unaware they may be committing an offense.
Hiring an experienced foreclosure attorney is an invaluable asset for those in danger of losing their homes. The skills, knowledge and experience the attorneys at Kingcade & Garcia, P.A. possess go toward helping clients get the results they are seeking. 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.
To read more on this story, please visit:
http://www.sun-sentinel.com/business/fl-foreclosure-novice-lawyers 20101227,0,2092736.story?page=1
If you have any questions on the topic of foreclosure please feel free to contact foreclosure defense attorney, Timothy Kingcade at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Florida Foreclosures Drop 42 Percent

Posted on December 27, 2010by Admin

The State of Florida experienced a 42 percent drop in foreclosure activity for the month of November. As promising as this might sound, the decrease was expected and does not signal an improvement for the housing market. Rather, the plummet is attributed to the cessation of foreclosures by some major banks after allegations of robo-signing.
However, according to a RealtyTrac report from last week, an expected seasonal dip also contributed to the decrease. However, this dip is temporary, and the foreclosure numbers are expected to rise for the first quarter of 2011. Still, the robo-signing controversy played the most substantial role in the foreclosure decrease.
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, P.A. website at www.miamibankruptcy.com.