Foreclosures Archives - Page 9 of 56

New Mortgage Demand Accompanied by Fraud Risks

Posted on October 11, 2017by Admin

An increase in mortgage demand brings with it an increase in fraud risk, according to CoreLogic. Analyzing only the data on purchase applications, from Q2 2016 to Q2 2017, the proportion of purchase transactions within the group increased from 55% to 66% of applications.

As a whole, during the second quarter of 2017, an estimated 13,404 mortgage applications or 0.82% of all mortgage applications contained fraud. This is compared to the second quarter of 2016 when mortgage application fraud was found on 12,718 applications, or 0.7% of all applications.

So where is the increase in fraud risk mainly coming from? CoreLogic identified the top three mortgage fraud indicators that are on the rise.

Occupancy fraud risk

CoreLogic identified this as the No. 1 fraud risk. Occupancy fraud occurs when the mortgage applicant deliberately misrepresents their intended use of the property (i.e. – primary residence, secondary residence, or investment property). From the second quarter of 2016 to the second quarter of 2017, the occupancy- fraud indicator grew 7%.

Transaction fraud risk

Transaction fraud risk increased 3.9% when compared to the same quarter last year. This type of fraud occurs when the nature of the transaction is misrepresented, such as undisclosed agreements between parties and falsified down payments.

Income risk fraud

Income fraud rounded out the top three and includes misrepresentation of the existence, continuance, source, or amount of income used to qualify for a mortgage.

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

Foreclosure Increase in August Double the Norm

Posted on October 9, 2017by Admin

The rise in foreclosure filings for August was more than double the norm, according to Attom Data Solutions.

“There is often a seasonal monthly increase in foreclosure activity in August paralleling the seasonal slowdown in the overall real estate market, but the 14% month-over-month increase nationwide this August is more than twice the average 6% seasonal increase in August over the previous 10 years — the highest in fact since a 37% month-over-month increase in August 2007,” according to Attom Data Solutions Senior Vice President Daren Blomquist.

There were 75,115 properties in some stage of foreclosure (including default notices, scheduled auctions and bank repossessions) in August, compared with 66,112 in July and 95,132 in August 2016.

The five states with the most foreclosure activity were Florida with 8,237 filings, California with 7,479, New Jersey with 5,721, Illinois with 5,137 and Ohio with 4,540.

Click here to read more on this story.

Foreclosures, Timothy Kingcade Posts

Millions of Dollars in Foreclosure Assistance Squandered by State Government Agencies

Posted on October 2, 2017by Admin

According to a new report, state agencies “lumped unnecessary expenses into permitted expenses categories, elevating the risk of fraud, waste, abuse and over-payment throughout the (Hardest Hit Fund) program.”

The Hardest Hit Fund was created in 2010 to assist state housing finance agencies help struggling homeowners facing foreclosure. More than $7.6 billion was designated for low-income homeowners with the Department of Treasury committing an additional $2 billion to the fund last year.

Any expense the state agencies charged to the program were supposed to be essential to easing loan modifications, according to federal guidelines. The investigation and recent report from the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), found that the 19 housing finance agencies charged $3 million in wasteful and unnecessary spending.

Some of the charges were relatively small, such as TARP gift cards for housing finance employees, balloons and even a TARP piñata. But other charges were unnecessary and extravagant. Every dollar spent on these items was one less for people desperate to save their homes.

Among the abuses covered in the 2017 SIGTARP audit report for the State of Florida include:

Florida Housing Finance Corporation. At the same time the Florida agency was billing TARP for gifts and $106,774 in bonuses to employees, it was denying TARP relief to homeowners at record rates, according to the report. The agency apparently processed only half the homeowners with incomes under $30,000 who were potentially eligible for loan modifications.

Click here to read more on this story.

Debt Relief, Foreclosures, Student Loans, Timothy Kingcade Posts

Lennar Offers Millennials Unique Mortgage Opportunity that Helps Pay off Student Loan Debt

Posted on September 29, 2017by Admin

It’s no surprise that the amount of student loan debt many Millennials have, has been holding them back from purchasing a home. A National Association of Realtors (NAR) study showed that only 20% of Millennial respondents own a home, while the majority of them carry an average student loan balance of $41,200, which exceeds their average annual income of $38,800.

Among the Millennials surveyed who do not own a home, 83% said that their student loan debt affected their ability to purchase a home.

Eagle Home Mortgage, a mortgage lender and a subsidiary of Lennar, announced this week that it will offer a new mortgage program that will help home buyers pay off their student loan debt. Eagle Home Mortgage’s Student Loan Debt Mortgage Program offers borrowers as much as $13,000 that can be used to pay off student loan debt.

Here are some of the program’s terms and conditions:

Borrowers who use Eagle Home Mortgage’s Student Loan Debt Mortgage Program can direct up to 3% of the purchase price to pay their student loans, but only if they purchase a new home from Lennar.
Borrowers must meet credit and income requirements when using the Student Loan Debt Mortgage Program, and can qualify for loans with down payments as low as 3%.
The program is not intended for parents who took out loans to finance their child’s education.
The program’s maximum loan amount is $424,100, but Lennar said that in addition to the 3% contribution to student loan balances, buyers may also be eligible for other incentives – such as credits toward closing costs.

According to Lennar, the homebuilder will contribute up to 3% of the purchase price of a new home to be used to pay down student loans incurred while attending universities, colleges, community colleges, trade schools and other certificate-granting programs. The Student Loan Debt Mortgage Program is being offered on a trial basis with new Lennar homes nationwide.

Click here to learn more about the program.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all 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, 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 McMaken website at www.miamibankruptcy.com.

Related Resources:

https://www.housingwire.com/articles/41396-lennar-targets-millennials-with-mortgage-that-pays-off-student-loan-debt

Debt Relief, Foreclosures, Timothy Kingcade Posts

Hurricane Relief Options Available for FHA Mortgages

Posted on September 28, 2017by Admin

South Florida homeowners are receiving a much needed break when it comes to their mortgages, following the devastation left by Hurricane Irma. Lenders are offering financial relief in the form of freezing foreclosures, putting mortgage payments on hold and offering special financing options to rebuild damaged homes in the area.

Our office has been getting a number of calls about this and we want to clarify the relief options available and steps you can take to qualify for these government programs.

Call your lender directly. This is the safest route to confirming that an assistance offer is the real thing. Before the call, gather as much information about your financial situation and mortgage as possible. It is important that you tell the lender what you can afford to pay and your current financial situation.

Know your options. Many homeowners who have been affected by Hurricane Irma are eligible for forbearance, which means the lender will suspend payments for up to 12 months (especially if you have a government-backed mortgage through Fannie Mae or Freddie Mac). You will not incur late fees or have a delinquency reported to any of the major credit bureaus. Many lenders are currently offering 90 days of mortgage forbearance in affected areas Florida, with an option for some homeowners to extend further based on their situation. If you have a Federal Housing Administration (FHA) loan, you are eligible for forbearance, a loan modification or a 90-day delay in foreclosure, to allow you to get current on your payments.

Proceed with caution. Be cautious of calls from people claiming to offer mortgage relief on behalf of a government agency, or asking for fees upfront for a loan or service. Unfortunately, this has also provided an opportunity for scammers to come forward using social media and cleverly crafted emails to prey on vulnerable homeowners in financial need. Know this: Government employees never charge you a fee to help get you a benefit or service and will never ask for your payment or financial information.

Here are some additional FHA Programs available for hurricane victims:

HUD recently granted a 90-day suspension on foreclosures for mortgages backed by the Federal Housing Administration. There are more than 280,000 FHA-insured Florida homeowners living in these impacted counties. For more details call: 1-800-569-4287.
For homeowners or renters who have lost their homes, HUD’s Section 203(h) program gives FHA insurance to disaster victims who have to rebuild or purchase another house. The loans come with no down payment and greater forgiveness of low credit scores. For more details call: 1-800-569-4287.

If your lender is not proactively offering forbearance or other help, you can go directly to the websites of the Federal Housing Finance Agency or the U.S. Department of Housing and Urban Development to see what type of relief you might qualify for, and bring this up to your lender.

We hope and pray you and your family made it through the storm safely and our community is quickly restored. During this time of recovery, our office is open and we are here if you need us. 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 McMaken, 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 McMaken, P.A. website at www.miamibankruptcy.com.

Related Resources:

http://www.bankrate.com/mortgages/hurricane-victims-can-get-a-break-on-mortgage-payments/

http://www.orlandosentinel.com/weather/hurricane/os-hurricane-irma-aid-20170914-story.html

Bankruptcy Law, Debt Relief, Foreclosures, Timothy Kingcade Posts

Motion Denied After Creditor Attempts to Reopen Miami Bankruptcy Case and Seize Home

Posted on September 26, 2017by Admin

Managing Shareholder, Timothy S. Kingcade and associate Kristina Gonzalez of the Miami-based bankruptcy and foreclosure defense law firm of Kingcade Garcia McMaken, P.A. achieved a recent victory for their clients after a creditor, Bank of New York Mellon (“BONY”), attempted to re-open their 2009 bankruptcy case and compel the surrender of their Miami home.

“With this ruling, I am pleased to announce that my clients will be able to keep their home. BONY made the decision to abandon its foreclosure efforts and enter into modification negotiations with my clients. It was seven years after my clients received their bankruptcy discharge, five years after the initial foreclosure was dismissed and only after those modification efforts proved unsuccessful that they filed the second foreclosure, based on new post-bankruptcy discharge defaults,” Timothy S. Kingcade said.

BONY waited more than a year after the second foreclosure was filed to seek to reopen the bankruptcy case, and only filed the motion when the bankruptcy debtor filed an action in District Court against the creditor’s loan servicer, Specialized Loan Servicing, for violations of the Real Estate Settlement Procedures Act and the Fair Debt Collection Practices Act.

In a consumer win for bankruptcy clients, the Honorable Laurel M. Isicoff ruled that there was “no purpose” in re-opening the bankruptcy case because the debtors’ decision to surrender the property was not binding in the subsequent foreclosure action.

Attorney Timothy S. Kingcade practices exclusively in the field of bankruptcy law, handling Chapter 7 and 13 filings and foreclosure defense cases for the Southern District of Florida. As an experienced CPA and proven bankruptcy attorney, Timothy Kingcade knows how to help clients take full advantage of their rights under the bankruptcy laws to restart, rebuild and recover.

Miami-based Kingcade Garcia McMaken, P.A. was established by managing partner and bankruptcy attorney, Timothy S. Kingcade in 1996. The firm represents clients throughout the State of Florida in Chapter 7 bankruptcy and foreclosure defense cases. The firm is committed to providing personalized service to each and every client, clearly explaining the options according to the unique circumstances of his or her life. The office environment and the service provided are centered on a culture of superior client care for the financially disenfranchised. All partners and associates at Kingcade Garcia McMaken P.A. specialize in consumer bankruptcy and foreclosure and have dedicated their practices to this area of the law. Additionally, all attorneys and staff members at the firm are bilingual speaking Spanish.

Related Resources:

http://www.flsb.uscourts.gov/Opinions/LMI/09-30656Kurzban.pdf

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

Hurricane Irma Aid Includes Everything from Foreclosure Delays to Waived Credit Card Fees

Posted on September 23, 2017by Admin

Victims of Hurricane Irma are eligible for a range of public and private aid programs. This includes everything from delayed foreclosures, tax extensions, waived credit card fees and any data overages incurred on cell phones.

FEMA’s Transitional Sheltering Assistance is available to eligible survivors in Florida who are unable to return to their primary residence due to their home being uninhabitable or inaccessible. If you are eligible for Transitional Sheltering Assistance, FEMA will pay for the cost to stay in certain hotels or motels for a limited period of time.

Here are some additional assistance programs you may qualify for:

FEMA’s Individuals and Households Program offers financial help with medical, dental, child care, funeral, personal property and transportation expenses. This program also provides funds for temporary housing, repairs and construction. For more details call: 800-621-3362.
Disaster Unemployment Assistance provides unemployment benefits and re-employment services to people who lost their jobs because of the hurricane, but who are not eligible for state unemployment benefits. For more details call: 800-621-3362.
In partnership with the Young Lawyers Division of the American Bar Association, FEMA provides free legal help to low-income disaster survivors who need assistance filing their storm-related complaints. For more details call: 800-621-3362.
JPMorgan Chase will waive or refund late fees on mortgages, credit cards and auto loans through September 24. It will also waive overdraft and service fees. For more details call: 1-888-346-0023.
HUD recently granted a 90-day suspension on foreclosures for mortgages backed by the Federal Housing Administration. There are more than 280,000 FHA-insured Florida homeowners living in these impacted counties. For more details call: 1-800-569-4287.
For homeowners or renters who have lost their homes, HUD’s Section 203(h) program gives FHA insurance to disaster victims who have to rebuild or purchase another house. The loans come with no down payment and greater forgiveness of low credit scores. For more details call: 1-800-569-4287.
The IRS has extended a deadline for certain individual and business filings until Jan. 31, 2018. This includes an additional filing extension for taxpayers with valid extensions that expire October 16. So taxpayers in the region have until Jan. 31 to file returns and pay any taxes that had been due as of September 4. This includes deadlines for quarterly payments. For individual tax filers, it also includes 2016 income tax returns that got an extension until October 16.

Click here to read more on this story.

We hope and pray you and your family made it through the storm safely and our community is quickly restored. During this time of recovery, our office is open and we are here if you need us. 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

Foreclosures Drop to Lowest Level in More than 10 Years

Posted on September 4, 2017by Admin

There were fewer loans in the month of July than any month in more than 10 years, according to a new report from Black Knight Financial Services. There were 398,000 properties in foreclosure pre-sale in July, which is down 12,000 from June and down more than 150,000 from the same time period last year, a decline of 28%.

The month of July also marked the first time that the number of loans in foreclosure was below 400,000 since February 2007. While foreclosures are down, loans in delinquency increased slightly month-over-month in July, but 2017’s total is still below last year’s numbers.

The number of properties that are 90 or more days past due, but not in foreclosure was 555,000 in July, which is still 140,000 lower than last year.

Black Knight’s report shows that there were 2.38 million properties that are 30 or more days past due or in foreclosure in July, which is up 42,000 from June, but down 452,000 from the previous year.

Click here to read more on this story.

Foreclosures, Timothy Kingcade Posts

More Seniors Taking Out Loans Against Their Homes – But at What Cost?

Posted on August 28, 2017by Admin

An increasing number of seniors facing foreclosure are opting to take out reverse mortgages on their property, according to recent federal data. A reverse mortgage allows cash-strapped seniors to borrow against the equity in their home that has built up over the decades- but it also comes with financial risk. Property owners are still responsible for keeping up with other charges, including the taxes and insurance on the property.

A HUD report issued last fall found that nearly 90,000 reverse mortgage loans held by seniors were at least 12 months behind in payment of taxes and insurance and were expected to end in “involuntary termination” in 2017. That is more than double the number the year before.

More than 18 percent of reverse mortgage loans taken out from 2009 to June 2016 are expected to go into default because of unpaid taxes and insurance, according to the HUD report.

The federal Consumer Finance Protection Bureau has warned seniors about deceptive advertising practices when it comes to reverse mortgages. Last year, the federal agency fined three companies — American Advisors Group, Reverse Mortgage Solutions and Aegean Financial — for alleged false claims, misleading seniors to believe that if they took out a reverse mortgage they would not have to make monthly payments or face foreclosure, leaving out the risks of failing to pay property charges.

Click here to read more on this story.

Debt Relief, Foreclosures, Timothy Kingcade Posts

New HUD Budget Wording Threatens Reverse Mortgage Protections

Posted on August 15, 2017by Admin

A slight change to the wording in a proposed HUD budget request could lessen the protections of reverse mortgages and increase the risk of foreclosure for some elderly homeowners. The wording change affects 2-year-old provisions in federal housing rules that award certain rights and protections to the spouse of a borrower who takes out a reverse mortgage and later dies.

This wording change could increase the chances that the surviving spouse who did not sign the documents could lose their home in foreclosure.

Senators Marco Rubio (R.-Fla.) and Catherine Cortez Masto (D.-Nev.) sent a joint letter to Ben Carson, the secretary of the Department of Housing and Urban Development, and Mick Mulvaney, director of the Office of Management and the Budget, seeking clarity on the proposed wording in the budget request and asking whether the agency was seeking to reverse the earlier policy change.

The fact that there has been no response from HUD raises concern. Before this change in policy two years ago, a surviving spouse who had not signed the mortgage document often had to pay what was left on the loan in full or was at risk of being evicted, due to the home going into foreclosure.

In the letter to the Department of Housing and Urban Development, the senators referred to the old policy as a “loophole” that had “compounded the stress faced by widows and widowers at a time when they were already grieving the loss of their spouse.”

Click here to read more on this story.