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Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

What the Navient Lawsuit Means for Your Student Loans

Posted on April 5, 2017by Admin

Navient, a company that derived from Sallie Mae, has more than 12 million customers and services more than $300 billion of government and private student loans. In January, a lawsuit was filed against the student loan lender where the Consumer Financial Protection Bureau (CFPB) alleged that Navient “systematically and illegally failed borrowers at every stage of payment,” in many ways such as:

Creating obstacles to repayment by providing bad information
Processing payments incorrectly
Failing to act when borrowers complained
Illegally cheating many struggling borrowers out of their rights to lower payments, which caused them to overpay for their student loans
Deceiving private student loan borrowers about requirements to release their co-signer from the loan
Harming the credit of disabled borrowers, including severely injured veterans

According to the CFPB, Navient also improperly directed borrowers into forbearance when these borrowers otherwise might have qualified for income-based repayment plans. The lender also failed to keep borrowers in income-based repayment plans informed of deadlines to maintain their eligibility under such plans.

Navient later denied all allegations and claimed the lawsuit was politically motivated. The company filed a motion to dismiss the lawsuit on March 24^th, claiming there have been no violations of actual servicing rules.

Does your student loan servicer owe you a fiduciary duty?

According to Navient, it is not a fiduciary financial advisor. The student loan lender claims that courts “routinely hold that servicers and lenders do not owe borrowers any specific fiduciary duties based upon their servicer/borrower relationship.”

This means that if you need guidance in choosing a repayment plan, Navient maintains that the lender is not responsible for counseling borrowers on alternative repayment plans. Navient further notes that the U.S. Department of Education does not pay Navient enough to provide sufficient customer service that the CFPB would like Navient to provide.

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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, 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, Credit, Debt Relief, Timothy Kingcade Posts

When a Tax Refund Means Bankruptcy

Posted on April 4, 2017by Admin

A review of the past four years shows that Chapter 7 bankruptcy filings, the most common form for individuals, have spiked during tax season or just after tax season. This suggests that taxpayers are using their refunds to file for bankruptcy and wipe out their debt, rather than funding a vacation or splurging on a big purchase.

Filings in March were 26 to 34 percent higher than the monthly average from 2013 to 2016, according to NerdWallet. Additionally, April’s bankruptcy filings were also 15 to 25 percent higher than other months.

Filing for Chapter 7 bankruptcy costs the average consumer approximately $1,500 to discharge their debts. Attorney fees typically cost $1,200 and other court fees total approximately $335. Due to a 2005 law change that made bankruptcy filing more complicated, fees have increased in recent years.

According to the IRS, the average tax refund in 2016 was $2,860, which is enough to cover the average bankruptcy costs.

When Bankruptcy Makes Sense

You should consider Chapter 7 bankruptcy if the following applies to you.

Your problem debt is greater than 50 percent of your annual income. This usually means medical bills, credit card debt or high-interest loans.
You see no way of paying off your debt within five years.
Debt is interfering with other parts of your life, such as hampering your ability to buy a car or save for retirement.

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If you are in financial crisis and considering filing for bankruptcy, 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, 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, Debt Relief, Student Loans, Timothy Kingcade Posts

How Student Loan Debt Can Affect Your Tax Return

Posted on April 3, 2017by Admin

The average college student who graduated in 2016 will have approximately $37,00 in student loan debt, according to Forbes. Most college grads spend their time and energy on finding a job. However, another concern for new grads is how their debt will affect their 2017 tax filings. Here are a few tips on deductions and credits grads will be entitled to, and also what to do if you are filing as a dependent.

Student Loan Interest Deduction

If you paid interest on student loans in 2016, you most likely qualify for the Student Loan Interest Deduction. Also, if your student loan was not given to you by a family member or your employer, you were enrolled at last half-time in an accredited institution of higher learning and your modified adjusted gross income (MAGI) was less than $80,000, you can claim interest you paid on your loans as a deduction.

American Opportunity Tax Credit

You might also be able to claim a few education tax breaks if you meet the criteria. The American Opportunity Tax Credit allows undergraduate college students to claim the first $2,000 and 25 percent of the next $2,000 they spend on tuition, school fees, books, equipment and other non-living expenses.

Lifetime Learning Credit

The Lifetime Learning Credit can be claimed by college and vocational students. It allows eligible students to claim up to 20 percent of the first $10,000 they paid toward tuition and school fees. Eligible students can also claim 100 percent of the Lifetime Learning Credit if their MAGI is less than $55,000.

If You Are a Dependent

Your parents can claim you as a dependent if you are 19 years old or younger, live with your parents for at least half the year and they provided for at least half of your financial needs. You can also be claimed as a dependent if you are 24 years old or younger and you are a full-time college student. If you earned at least $6,300 in 2016, you have to file a return, even if you are being claimed as a dependent by your parents.

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Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

What Actually Happens When You Default on Your Student Loans

Posted on March 31, 2017by Admin

According to the Department of Education, eight million Americans defaulted on their federal student loans last year. Approximately 1.1 million of those former students did so for the first time which is a U.S. high.

The former student loan ombudsman at the Consumer Financial Protection Bureau, Rohit Chopra, told Time Magaizine, “In spite of a booming stock market and falling unemployment, there is obviously a significant block of the labor force that is really struggling.” He went on to say, “New college graduates and new entrants to the workforce are facing a double whammy of flat or declining wages and higher debt.”

Defaulting on student loans is a growing problem for millions of borrowers. As a result, it is important to understand the consequences of doing so. Here are three things you need to know about defaulting on a student loan:

It is more serious than a late payment. In most cases, default occurs when a borrower has not made a payment in 270 days, which is roughly nine months. However, loans that are offered by the Federal Family Education Loan Program (FFEL) are considered to be in default after 330 days or 11 months. When this happens, the entire balance of the loan and interest is due immediately and you lose any eligibility for deferment or forbearance, or any additional financial aid.
Your credit score will drop. The federal government will report your student loan delinquency to credit agencies. If this happens, it will be a long and difficult process to rebuild.
The federal government may garnish your wages. If you default on a federal student loan, the government may take money out of your paycheck before you even see it. Your tax refund can also be held to collect some of your debt. If the debt persists for long enough, the government can also take money out of your social security check. Fortune reported that more than $1 billion has been taken from social security checks since 2001.

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

New Home Sales Surge to Seven-Month High in February

Posted on March 30, 2017by Admin

Last month, new single-family home sales jumped to a seven-month high. The hike suggests the housing market recovery is stable despite the challenges of high prices, increased mortgage rates and tight inventories. According to the Commerce Department, new home sales increased 6.1 percent to a seasonally adjusted annual rate of 592,000 units last month, the highest level since July of last year.

New home sales were up 12.8 percent when compared to February of last year. Economists believe the hike in sales is partially due to the unseasonably warm weather across most of the country. In the Northeast region, new single-family homes dropped 21.4 percent. However, in the Midwest, sales were up 30.8 percent and in the South sales were up 3.6 percent.

Fortunately, high mortgage rates have not had a negative impact on home sales this year, largely due to a tightening labor market that is improving employment opportunities for young adults. The market is also benefitting from a shortage of properties for sale in most areas.

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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, Debt Relief, Student Loans, Timothy Kingcade Posts

Americans are Dying with an Average of $62K of Debt

Posted on March 29, 2017by Admin

According to data released in December 2016 by Credit.com, approximately 73 percent of consumers have outstanding debt when they die. On average, those consumers carried a total of $61,554, including mortgage debt. Excluding mortgages, the average balance was $12,875.

The data was collected by Experian’s FileOne database, which includes 220 consumers. Out of the 73 percent of consumers who had debt when they died, approximately 68 percent had credit card balances. The second most common kind of debt was mortgage debt at 37 percent, followed by auto loans at 25 percent, personal loans at 12 percent and student loans at six percent.

Most debt is eligible for cancellation after the borrower dies, such as federal student loan debt. However, the deceased person’s estate becomes responsible for most debt. If someone has enough assets to cover their debts, the creditors get paid and beneficiaries receive whatever remains. If there are not enough assets to satisfy debts, creditors lose out. In most cases, family members do not become responsible for the debt.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Study Shows Floridians Struggled with Medical Bills in 2016

Posted on March 28, 2017by Admin

According to a survey published last week by the Commonwealth Fund, residents of Florida and Texas reported having more difficulty paying their medical bills in 2016 than residents of California or New York.

All four states have seen an increase in the number of residents with health insurance since the Affordable Care Act was launched in 2014. The difference is, unlike in California and New York, legislators in Florida and Texas refused to expand Medicaid to most of the low-income adults, resulting in higher uninsured rates. Florida’s uninsured resident rate was 16 percent last year.

The survey reported that 41 percent of Floridians reported they had trouble paying their medical bills, they were contacted by a collection agency about unpaid medical bills or they were carrying medical debt last year. Approximately 44 percent of Texans reported they had trouble paying medical bills last year. Only approximately 28 percent of Californians and New Yorkers reported similar challenges with medical debt.

However, state decisions on Medicaid were not the only contributing factors. The rate of illegal immigrants living in each state were also reportedly factors in the survey results due to the fact that undocumented immigrants are not eligible for Medicaid or ACA coverage.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

South Florida Unemployment Rate Remains the Same Despite Growth in Job Creation

Posted on March 27, 2017by Admin

In February, South Florida’s unemployment rate remained stable when compared with the previous year despite the fact that all three counties experienced an annual increase in job creation, according to the Florida Department of Economic Opportunity.

Broward County’s rate of unemployment remained exactly the same compared to last year at 4.5 percent. Palm Beach County’s rate increased from 4.6 percent last year to 4.7 percent this year. Miami-Dade County’s rate remained exactly the same at five percent.

Broward County has reportedly created 20,400 jobs since last year. Palm Beach County created 13,200 jobs, most of which were in leisure and hospitality. Miami-Dade County had the highest increase, creating 22,300 jobs. The county created 9,100 jobs in education and health services; 3,700 in trade, transportation and utilities; 2,700 in other services; 2,500 in government; 2,400 in professional and business services; 1,400 in leisure and hospitality, 500 in construction and mining and 300 in manufacturing.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

9 Common Tax Errors People Make

Posted on March 24, 2017by Admin

Small errors on your tax return can cost you big time. If you want to get your tax refund as quickly as possible and avoid fines, don’t make these nine common errors.

Wrong or Missing Social Security Numbers. All of the tax information that gets reported to the IRS is tied to your Social Security number. As a result, if you provide the wrong number, the IRS will not be able to match up your return with the information that your employer and financial institutions have provided.
Wrong Names. The IRS receives many returns on which people’s names are incorrect. Double check your Social Security card to ensure you are providing your legal name.
Filing Status Errors. Some filing statuses can give additional tax breaks, but it is critical to choose the right one for your particular situation. Often, taxpayers make mistakes in choosing a filing status for which they don’t qualify, such as, head of household for unmarried individuals.
Math Errors. Tax software typically catches math errors; however, if you make a simple data-entry mistake, your numbers will still be off. Double check everything with a calculator to avoid this problem.
Errors in Figuring Credits or Deductions. Some tax breaks are complicated and the IRS says that errors in figuring the earned income tax credit, child and dependent care credit and the standard deduction are particularly common. The best way to avoid these errors is to follow instructions carefully in calculating these credits and deductions.
Incorrect Bank Account Numbers. If you use direct deposit to get your refund, make sure you have provided the correct routing number and account number. If you don’t, your refund won’t get processed correctly.
Not signing or dating your tax forms. It is easy to forget one of these key final steps after spending hours or days preparing your return. However, an unsigned tax return is not valid. Also, if you are filing a joint return, both spouses have to sign.
Errors with validating an electronically filed tax return. If you file electronically, you have to select a personal identification number to use to validate your return. Often, taxpayers do not understand the procedure or fail to provide the correct number.
Not Correcting Erroneous Tax Information Forms. If there are errors on your W-2 form from your employer or on your 1099 forms from financial institutions, you should not ignore them. Rather, talk to the reporting party and ask them to correct the error. Otherwise, the IRS will flag a mismatch between what you filed and what the other party filed and it will be up to you to prove you are right.

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

What the Fed Rate Hike Means for Homebuyers

Posted on March 23, 2017by Admin

Last week the Federal Reserve increased its benchmark interest rate by one-quarter of a percentage point. This marked the second increase in three months and the third increase since 2015. As a result, mortgage rates have already increased. The average rate of a 30-year fixed mortgage jumped to a 2017 high of 4.21 percent, up from 3.68 percent last year.

What this means for house hunters is that buying a home is going to be more expensive. “That is going to create a bit of sticker shock for some buyers looking to buy this spring,” said Len Kiefer, deputy chief economist at Freddie Mac.

Fortunately, the changes in the Federal Reserve benchmark interest rate are somewhat predictable. The market expects two more Fed rate hikes before the end of the year. However, another increase is not likely in the next few weeks.

Related Resources:

http://money.cnn.com/2017/03/15/pf/fed-rate-hike-mortgage-rates/index.html?iid=SF_LN

http://www.cnbc.com/2017/03/15/fed-raises-rates-at-march-meeting.html