Foreclosures Archives - Page 6 of 56

Second Wells Fargo Glitch Leads to More Foreclosures

Posted on January 3, 2019by Admin

Wells Fargo is in the hot seat once again when it comes to home foreclosures. Recently, Wells Fargo said a computer glitch led to the bank wrongfully denying customers the chance to either request a loan modification or repayment plan on their home mortgage. Now it appears an additional glitch has led to even more foreclosures.

This most recent mistake involves loan modifications submitted to Wells Fargo between March 15, 2010, and April 30, 2018. The computer glitch Wells Fargo claims happened is responsible for hundreds of homes being denied modifications during this time period.

The announcement comes after Wells Fargo admitted in November to a separate error in a filing with the United States Securities and Exchange Commission. The company admitted that a computer glitch led to the bank denying mortgage customers the opportunity to request either a repayment plan or loan modification. They reported that these denials happened approximately 870 times. Because of these errors, 545 homes went into foreclosure.

In this SEC filing, Wells Fargo reported that it was a calculation error that occurred when the bank’s program implemented newer controls that resulted in an overestimation of attorney’s fees for the homeowners who were in the middle of foreclosure. Because of this error, the bank rejected these 870 loan modification requests.

This is not the first time that Wells Fargo has made this mistake. Back in August, the company disclosed that yet another calculation error in the underwriting software mistakenly denied 625 borrowers loan modifications under a federal assistance program, resulting in 400 homes being foreclosed.

With delinquent mortgage payments on the rise this past year, the need for loan modifications and flexible repayment plans is more important than ever to homeowners. Mistakes like the one made by Wells Fargo can have disastrous consequences for homeowners already in a tough spot.

Click here to read more on this story.

Choosing the right attorney can make the difference between whether 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 McMaken website at www.miamibankruptcy.com.

Foreclosures

Foreclosure Rescue Scam Targets Hispanic Homeowners in Florida

Posted on December 3, 2018by Admin

A Florida law firm has been accused of running a predatory loan scheme, specifically targeting Hispanic homeowners struggling to pay their mortgage.

A lawsuit was filed last week by the Department of Justice, naming the Advocate Law Groups of Florida, Jon Lindeman and Ephigenia Lindeman as parties accused of violating the Fair Housing Act (FHA). The lawsuit states that the Lindemans violated the FHA by intentionally discriminating against Hispanic homeowners through a predatory mortgage loan modification and foreclosure rescue services scheme, which the lawsuit states ran between 2009 and 2015.

Over the course of these six years, the firm and the Lindemans are accused of using Spanish-language advertisements to target Hispanic homeowners, claiming that the firm could cut their mortgage payments in half. If a Hispanic individual followed up on these advertisements and came in for a consultation, the firm is accused of then promising to lower their mortgage payments in exchange for payment of upfront fees, which could be in the thousands of dollars, in addition to monthly fees.

Once the Hispanic clients made these payments, the firm told them to stop making their monthly mortgage payments and to cease communications with their mortgage lenders. The firm would also follow-up with a packet of documents the borrowers needed to read to understand the process, but these documents were written in English only, with no translation. The borrowers were told that these documents were sent to their bank on their behalf, and they contained statements that included an offer to the bank to return the homeowner’s residence in exchange for a rescission or cancellation of the mortgage without the borrower’s consent. This resulted in many of their clients losing their homes to foreclosure.

These clients who paid high retainers and fees to the firm, in exchange the law firm did very little on their behalf to get loan modifications or reduce their monthly mortgage payments.

It was not until three former clients of the firm filed complaints with the Department of Housing and Urban Development (HUD). HUD investigated the matter and then referred the issue to the DOJ.

The clients allege that they were targeted specifically because of their ethnic backgrounds then taken advantage of because of their lack of understanding of the English language. Had they understood the documents, they claim they would not have lost their homes and gone through the immense stress that followed with this scheme.

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 McMaken website at www.miamibankruptcy.com.

Debt Relief, Foreclosures, Timothy Kingcade Posts

Serious Mortgage Delinquencies Hit 12-Year Low, Florida Sees the Most Improvement

Posted on November 28, 2018by Admin

Mortgage delinquencies declined 8.2 percent in October and almost 18 percent from the same time last year, according to Black Knight. The data showed that there were 165,000 fewer past due loans in October than the month before. Serious delinquencies hit a 12-year low after falling by 14,000 from September and 90,000 on a year-over-year basis, according to the report.

The Sunshine State led the top five states by a 6-month improvement in non-current percentage with a decline of 28.92 percent, followed by Alaska, Oregon, Texas, and New Jersey. This can be attributed to the continued improvement in delinquencies related to the spike seen after last year’s hurricanes Harvey and Irma.

The number of loans in active foreclosures fell 24 percent from the same period last year, with the report highlighting that only 267,000 loans remained in active foreclosure during October, falling by 1,000 from September and by 81,000 from October 2017.

Surprisingly, mortgage prepays increased 14 percent from September. While the number of properties that were 30 or more days past due, but not in foreclosure declined by 165,000 to approximately 1.8 million, those that were 90 or more days past due but not in foreclosure declined by 14,000 to 499,000 properties.

Click here to read more on this story.

Foreclosures, Timothy Kingcade Posts

Foreclosures Still a Problem Years After Housing Crisis

Posted on October 1, 2018by Admin

Many Americans are still picking up the pieces and feeling the effects of foreclosure, a decade after the housing crisis. years after the housing crisis.

During the economic crisis, many of these homeowners tried to get loan modifications from their banks to no avail. Others reported that their banks falsely denied them loan modifications that would have allowed them to stay in their homes. Wells Fargo is one bank that has been accused of denying homeowners loan modifications that they otherwise would have been qualified to receive, and as a result, these homeowners were forced into short sale or even foreclosure.

As of the second quarter in 2018, 64.3 percent of households owned the home in which they lived. This number is lower than what it was in 2004 just as the real estate markets were booming in Florida and other states, where homeownership was up at 69.2 percent.

In minority neighborhoods, the after effects of the housing crisis are worse. In the second quarter of 2018, 41.6 percent of African Americans in homes owned their homes with 46.6 percent of Hispanics reporting as homeowners. Of these households, 50.2 percent of them earned less than the national median family income.

The areas that were hit the hardest by the foreclosures were also hurt in terms of property values. As more homes are subject to foreclosure, the resulting prices for other homes in the same neighborhood also took a hit. If any of those homeowners wanted to get a second mortgage or other home equity loan later, these lower home prices made that possibility more difficult.

The housing crisis was a direct result of subprime lending to low-and-moderate income individuals. Of those targeted for these loans were minorities who were hit the hardest and have seemed to have the most difficult time in rebounding.

The crisis also resulted in bank regulations meant to prevent this same type of event from occurring. Banks have made the standards stricter, only allowing those borrowers who have excellent credit to get a mortgage, which means those who did end up losing their homes through foreclosure are not able to get a mortgage at all. The result is these individuals are stuck in rental properties, not able to build up equity and struggling to rebuild their credit so that they can get a mortgage in the future. If these individuals are able to get a mortgage, it is at an interest rate that is much higher than they previously would have received. This problem has created a cycle of homeowners being trapped in mortgages they cannot afford or individuals who are simply not able to become homeowners.

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Bankruptcy Law, Credit, Debt Relief, Foreclosures, Timothy Kingcade Posts

If you are facing foreclosure, Bankruptcy can help.

Posted on September 12, 2018by Admin

Every month, there are a number of Americans who fall behind on their mortgage payments. Some homeowners are able to work out loan modifications with their lenders, but many are not. It may seem counter-intuitive, but when someone is facing foreclosure and is in the middle of a major financial crisis, bankruptcy can be a viable option to help save that person’s home. Ultimately, it depends on your specific financial situation and the type of bankruptcy you file – but bankruptcy can be used as a tool to help keep your home.

The Power of the Automatic Stay

If your home is already set for a foreclosure sale, you may be asking, “how can I make it stop?” Filing for bankruptcy can put a stop to the process or at the very least postpone it. As soon as a petition for bankruptcy is filed, the court issues an order called an “automatic stay,” which puts an immediate halt to all collection activities that were happening to the homeowner before the petition was filed. This automatic stay also applies to foreclosure cases. Creditors (including your mortgage lender) must immediately cease collection attempts. Even if the mortgage lender has the home scheduled for a foreclosure sale, the sale will be postponed during a pending bankruptcy.

How a Chapter 7 Bankruptcy can Help:

Chapter 7 bankruptcy cancels all the debt secured by the home, including mortgages and home equity loans. This type of bankruptcy also goes a step further, thanks to a new law, Chapter 7 also forgives the homeowner for tax liability for losses the mortgage or home-improvement lender incurs because of the homeowner’s default.

How a Chapter 13 Bankruptcy can Help:

If you want to stay in your home and do whatever possible to get caught up on past-due mortgage payments, a Chapter 13 bankruptcy may be the best option. A Chapter 13 bankruptcy is also known as a reorganization bankruptcy. It allows you, as the bankruptcy filer, to work with the bankruptcy trustee to create a repayment plan to catch up on qualifying payments. Chapter 13 bankruptcy plans normally last anywhere between three to five years.

Florida’s Bankruptcy Exemptions

Florida has one of the most generous homestead exemptions in the country and allows homeowners to claim an unlimited value of their primary residence (if the property is not larger than half an acre in a municipality or 160 acres in a non-municipality). To use Florida’s exemptions, you must have resided in Florida for at least 730 days before filing your bankruptcy petition.

Although bankruptcy and foreclosure can be damaging to your credit, sometimes filing for bankruptcy can be the start of rebuilding your credit because it allows you to obtain a fresh start. Foreclosure not only damages your credit, but you are left with the mortgage debt, which will likely result in creditors not considering you for future mortgages. If you find yourself facing foreclosure and are concerned about your financial future, remember that filing for bankruptcy may help save your home.

If you have 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Foreclosure Starts Increase in South Florida

Posted on September 10, 2018by Admin

While the rate of foreclosure has declined nationwide, South Florida has seen a recent surge in foreclosure starts. In fact, the Sunshine State had one of the highest rates of foreclosure starts in the U.S. in July, compared to the same period last year, according to a recent study by Attom Data Solutions. The report showed one in every 1,180 housing units in Florida showed a bank warning of pending foreclosure due to late payment, a 35 percent increase year-over-year.

Foreclosure starts in Miami-Fort Lauderdale-West Palm Beach increased 29 percent in July — the third consecutive month of year-over-year spikes (foreclosure starts went up four percent in May and 35 percent in June).

Does this mean we are about to enter another housing crisis? Not likely. The report tracked foreclosure rates in all 50 states as of July 2018, comparing them to the July 2017. And according to the data, the total foreclosure rates in the U.S. are down 0.5 percent. It is a select number of states, Florida included, that appear to be hit the hardest.

Out of all the metropolitan areas in the U.S., South Florida was one of the top three with foreclosure filings, coming in third to the Los Angeles and Houston metropolitan areas.

This brings the question as to why South Floridians are being hit so hard by foreclosure? The report speculates that the 2017 hurricane season could be the reason for the increased foreclosure filings as many are still struggling to get back on their feet after last year’s hurricanes. The 2017 hurricane season hit many Floridians hard, impacting a total of 4.8 million mortgaged homes. A number of these homes were granted mortgage forbearance extensions, giving the homeowners extra time to catch up, but not everyone received this benefit.

Another factor that has attributed to an increase in foreclosure filings in South Florida include the number of underwater homes entering the real estate market. According to Attom’s report, one in 10 properties in the U.S. have a mortgage that is underwater, meaning the market value is 25 percent lower than the current loan balance. As more underwater homes are put on the market, property values almost always drop. Analysts warn this new wave of foreclosure starts could even impact higher-priced homes, including the abundance of expensive condos in the downtown Miami area.

If you find yourself in over your head when it comes to your mortgage, it is important you contact an experienced attorney for a free consultation.

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Foreclosures, Timothy Kingcade Posts

Homeowners Fight Unnecessary Foreclosure Fees

Posted on August 24, 2018by Admin

Facing a foreclosure can be stressful enough but for a number of homeowners the banks where these loans originated added hidden fees on top of mortgages, after their cases were dismissed.

As a result, a class action lawsuit has been brought against the offending banks for these fees.

Zacarias Cabrera is one individual who is fighting several different banks over the past decade to keep his home from foreclosure. He is now a part of the class action suit. His troubles started in 2008 as he took care of his mother diagnosed with terminal cancer. He missed work due to having to his obligations and reached out to his bank after struggling to pay his mortgage. He was refused a loan modification, and the bank soon tried to foreclose on his home. The bank ended up dismissing the foreclosure case, but then it tried to foreclose again three years later. Again, the bank attempted to dismiss the case.

The problem came up when Cabrera noticed his monthly balance on his mortgage statements was much higher. After investigating further, he noticed the bank’s attorney fees were on the bill even though the case was dismissed on the bank’s motion. He is now facing a third foreclosure and has countersued for attorney fees that were added previously.

According to Florida law, to collect attorney’s fees, the individual must win the lawsuit and have the court specifically award these fees and costs as part of the ruling. If no winning party exists, it is assumed that each side is responsible for his or her own attorney’s fees.

The attorneys leading this class action lawsuit claim that adding these fees and not alerting the homeowner is a direct violation of the Florida’s Consumer Collection Practices Act. The banks should be aware of this fact, but are hoping borrowers’ will not know the difference.

In fact, it is happening quite frequently and has been said to be a result of the financial institutions taking advantage of the fact that the homeowners are not educated enough on the subject to know better or will not notice these fees on an already confusing billing statement.

If you have had a foreclosure case filed and then later dismissed by the bank, carefully review your statements. If any charges that are indicated as “corporate advances” or “legal fees,” it is highly possible that the bank has added these illegal fees to the statement. Contact an attorney as soon as possible and dispute these fees as soon as they are noted.

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 McMaken website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Florida: The Only State to Post an Increase in Mortgage Delinquencies

Posted on August 22, 2018by Admin

Recent statistics show that across the nation, mortgage delinquency rates have declined. However, despite the decline in numbers, delinquency rates in the State of Florida are on the rise and can be attributed primarily to the destruction brought by the 2017 hurricane season.

These figures come from a recent CoreLogic Loan Performance Insights Report. The report showed that over all, delinquency rates on mortgages are on the decline nationwide. For a select few states, including Florida, however, that’s not the case. Florida was reported as having the third highest delinquency rate in the nation, coming in at 6.2 percent. It is also noted that this rate is a one percentage point increase from the previous year.

The state with the highest rate of delinquency reported was Mississippi, posting a 7.9 percent delinquency rate. Another state that was touched by the 2017 hurricane season, Texas, posted a high delinquency rate, although its rate did not change from May 2017. Texas, like Florida, was also hit hard during the 2017 hurricane season.

Out of all 50 states, Colorado had the lowest mortgage delinquency rating, coming in at 1.8 percent.

The total mortgage delinquency rate for the nation was reported at 4.2 percent. This figure means that 4.2 percent of all American homes were in some stage of the delinquency process. It should be noted that this figure did drop 0.3 percentage points, coming down from 4.5 percent the previous year. This figure is also the lowest reported for the month of May since May 2006 when the figure was reported at 4.1 percent.

The delinquency rates reported by CoreLogic include all home mortgages or loans that are at least 30 days or more past due, as well as those loans that are in foreclosure. For the month of May alone, the year where the number of mortgages that were delinquent was the highest was in May 2010 when the rate was reported at 11.4 percent nationwide. The years when the rates were the lowest were before the recession in 2007, between the years 2000 and 2006 where the average delinquency mortgage rate was 4.7 percent.

CoreLogic does not only monitor mortgage delinquency rates. The report also showed the rate at which a mortgage moves from one stage of delinquency to the next stage such as the 30 days delinquency to 60-day delinquency to 90-day delinquency stage. The most recent report showed the rate mortgages moved from current to 30 days delinquency was 0.8 percent. This rate did not change from the previous year. However, the rate of mortgages that went from 30 to 60 days was reported at 15.1 percent, up from the previous year when it was reported at 13.8 percent. The number of mortgages that went from 60 days to 90 days was 24.3 percent, which is down from the prior year’s figure of 24.9 percent.

CoreLogic also reports on the foreclosure inventory rate. This rate includes the number of mortgages that are in some stage of the foreclosure procedure. The national figure was reported at 0.5 percent, down from the 2017 figure of 0.7 percent. It should be noted that this year’s number is the lowest it has been since 2006.

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 McMaken website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Mortgage Delinquency Rates Decline Nationally, But Florida Shows Increase Due to Irma

Posted on August 7, 2018by Admin

Mortgage delinquency rates have declined on a national level, as reported by the monthly Loan Performance Insights Report published by CoreLogic. However, despite the national decrease, Florida residents have seen an increase, which is attributed mostly to Hurricane Irma and the 2017 hurricane season.

According to CoreLogic’s report, as of April 2018, 4.2 percent of mortgages nationwide are in some stage of delinquency. A delinquency means that the mortgage is 30 days or more past due and includes those mortgages that are already in foreclosure. This number shows a 0.6 percentage point decrease in the overall delinquency rate as compared in April 2017. At that time, the percentage was at 4.8 percent.

The report also provided information on the foreclosure inventory rate, which measures the share of mortgages that are in some stage of the process of foreclosure. The rate as of April 2018 was at 0.6 percent, which is down 0.1 percentage points from where it was in April 2017. The foreclosure inventory rate has been steady at the rate of 0.6 percent, which is the lowest rate that has been reported since June 2007, when the rate was last reported at 0.6 percent. The April 2018 rate is the lowest that it has been in the past 11 years.

The purpose of measuring delinquency rates during the early stage of the process helps in analyzing the health of the mortgage market. CoreLogic’s report looks at all stages of mortgage delinquency and transition rates, including the percentage of mortgages that are reported as moving from one stage of delinquency to the next step in the process.

Early stage delinquency occurs when a mortgage payment is 30 days to 59 days past due. This early-stage delinquency was reported at being at 2.2 percent in April 2017 and was reported at 1.8 percent in April 2018. The figures in the early-stage delinquency category can be volatile, so it is for this reason that CoreLogic looks at the transition rates, meaning the number of mortgages that transition to the next stage. The transition rates for mortgages reported in the early-stage to later stage went down from 1.2 percent in April 2017 to 0.8 percent in April 2018. To provide some perspective, at the start of the financial crisis the early-stage delinquency transition rate was at 1.2 percent in January 2007 and 2 percent in November 2008.

The percentage of mortgages at the 60 to 89 days past due remained the same during this time. The mortgages that were reported in the serious delinquency stage at more than 90 days past due were down from 2.0 percent in April 2017 to 1.9 percent in April 2018. It should be noted that this is the lowest the serious delinquency rate has been since 2007 when it was reported at 1.6 percent.

However, despite these decreasing numbers, two states were reported as showing significant gains in the serious delinquency stage. These two states, Florida and Texas, were showing serious negative effects from the 2017 hurricane season. Of the two states, Florida has the most densely populated areas and the longest coastal area. This long coast leads to more exposure to storm surge flooding, putting almost 2.7 million homes at risk during hurricane season. After Florida, Louisiana is second to Florida with 817,000 homes in the “at-risk” area. Texas is right behind in third with 543,000 at-risk homes. Of these three states, Florida and Texas are the ones currently still struggling following Hurricanes Irma and Harvey which hit in 2017. Both states are finding themselves with higher mortgage default rates due to the natural disasters that have hit those states. The percent of mortgages that are in the serious delinquency category with loans that are 90 days past due are doubled than what they were reported in the previous year. In Puerto Rico, another area hit by hurricanes in 2017, the foreclosure rate or 90-day delinquency rate has quadrupled.

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 McMaken website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Lawmakers Approve Extending Foreclosure Mediation Law

Posted on July 6, 2018by Admin

Rhode Island lawmakers recently approved a bill that will extend an expiring foreclosure mediation law. The bill was approved last weekend as the General Assembly ended its session and is making its way to the governor for signature.

This law has been in place since 2013 and requires Rhode Island Mortgage lenders to participate in mediation with homeowners whose mortgages are in default and are facing foreclosure. The hope of this law was to prevent the resulting onslaught of foreclosures. The law is set to expire on July 1, 2018. This new extension moves the law’s sunset provision to July 1, 2013.

The Rhode Island Attorney General, Peter Kilmartin, has declared this extension “good public policy,” in that it was meant to save homeowners from losing their homes. Since the law was put into place in 2013, it is estimated that approximately 1,000 homeowners have sought foreclosure mediation.

The mediation program is administered through RIHousing. According to the program administrator, more than 70 percent of the homeowners who have gone through the mediation program have reached an agreement with the mortgage provider and were able to stay in their homes.

Florida had a similar mandatory mediation program that was enacted in 2009. The state ended its mandatory foreclosure mediation program in December 2011. The program required all residential foreclosure cases involving homestead property in Florida to undergo mediation, through an administrative order that was issued by the Florida Supreme Court. Upon a later Florida Supreme Court review, it was reported that the program was not having as much success as has been reported in Rhode Island. A panel review was started to determine whether the program should be continued, modified or eliminated. It was after that review that the Florida Supreme Court determined that the program should then be eliminated, and it ended at the end of 2011.

Related Resources:

https://www.usnews.com/news/best-states/rhode-island/articles/2018-06-25/lawmakers-approve-extending-foreclosure-mediation-law

http://www.flcourts.org/resources-and-services/alternative-dispute-resolution/mediation.stml

http://www.wsh-law.com/files/In_re_Managed_Mediation.pdf