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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Delinquencies on the Rise for Subprime Auto Loans

Posted on December 6, 2016by Admin

Subprime auto loans are back in a big way, and according to recent data have climbed to the highest level in a decade, with large increases in loans to borrowers with credit scores below 660. The number of subprime auto loans becoming delinquent has climbed to the highest level since 2010 in the third quarter and is following a pattern similar to the months leading up to the 2007-2009 recession, according to data from the Federal Reserve Bank of New York.

New auto loans to borrowers with credit scores below 660 have nearly tripled since the end of 2009. In 2016, approximately $50 billion of new auto loans per quarter have gone to those borrowers thus far. About $30 billion each quarter has gone to borrowers with credit scores below 620.

The increasing delinquency of subprime auto loans is concerning because it comes as the overall economy is on the mend and the employment rate is improving. The credit quality of other types of loans has improved.

Delinquency rates declined in the quarter for mortgages, student loans and credit cards. The number of individuals with a new foreclosure notation on their credit reports hit the lowest level in 18 years of data.

The increase in auto loans, particularly the subprime sector, has raised alarms among some regulators in Washington. The rate at which auto loans for borrowers with credit scores below 620 has climbed for 10 consecutive quarters, especially on loans made to those with the lowest or subprime credit scores.

Lenders know that subprime borrowers are more likely to default and become delinquent on their loans and charge them higher interest rates. The mistake during the financial crisis was that while the lenders expected higher defaults among subprime loans, they failed to anticipate just how high it would rise.

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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 of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

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

For-Profit College Debt Strikers Plead with Obama to Discharge their Loans before Trump’s Inauguration

Posted on December 5, 2016by Admin

More than 1,000 students (calling themselves the Debt Collective) from for-profit schools are protesting, claiming their colleges used manipulative financial tactics while providing them with a subpar education.

They released a statement and video on Monday, pleading with President Obama to discharge their student loans before President-elect Trump’s inauguration. The Debt Collective claims that the Obama Administration has yet to provide the relief it promised. One former Corinthian student said she had $32,000 of student loan debt and was unemployed, despite having applied to about 300 jobs in the criminal justice field. She said she had either received no response or had been told she did not qualify.

The Department of Education refunds federal loans to students enrolled in the last 120 days before a college closes in what is called a closed school discharge. ITT Tech closed its doors in September. But students who left the school before that 120-day time frame or who graduated but still feel they were defrauded by their college must instead file a “borrower’s defense to repayment” claim.

The Obama Administration had planned to resolve back-logged relief claims from Corinthian and ITT Tech students by the spring of 2017, but will likely now be under additional pressure to speed resolution of the claims.

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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.

Foreclosures, Timothy Kingcade Posts

Trump’s Treasury Secretary Pick Steven Mnuchin’s Bank Foreclosed on Elderly Woman who owed 27 cents

Posted on December 2, 2016by Admin

Reports this week reveal that Donald Trump’s Treasury secretary nominee, Steven Mnuchin’s bank foreclosed on a 90-year-old Florida woman who owed just 27 cents. The practices of OneWest Bank have come under scrutiny since the President-elect announced the onetime Goldman Sachs banker as his pick on Wednesday. More than 36,000 foreclosures followed Mnuchin and partners’ purchase of failed bank IndyMac in 2009.

An 86-year-old California man has also come forward and claimed OneWest refused to modify the home equity loan on the longtime home he shared with his wife, even though they qualified three times for a government-backed modification. The bank sold the couple’s home of 50 years in 2011.

Numerous other outcries similar to these drew more than 100 sign-waving and chanting protestors to Mnuchin’s $26 million mansion in Bel Air.

A Florida woman found herself facing a foreclosure by OneWest in 2014 after confusion about payments on her reverse mortgage, according to court papers. She sent a check for $423 in response to a bill for $423.30, the documents showed.

The OneWest subsidiary responded by billing the Lakeland resident for $0.30, but she mistakenly sent a check back for only $0.03. The foreclosure in Polk County Circuit Court is now being challenged by a nonprofit firm.

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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, Debt Relief, Student Loans, Timothy Kingcade Posts

Bankrupt Student Can Discharge Debt because it “Technically” Was Not a Loan

Posted on December 1, 2016by Admin

A financial agreement between a student and an educational institution is not considered a student loan and as a result in the bankruptcy case ( D’Youville Coll. v. Tucker (In re Tucker), the borrower was able to discharge her debt.

Judge Michael J. Kaplan of the U.S. Bankruptcy Court for the Western District of New York concluded that because the debt was not “an education benefit overpayment or a loan,” the exception to discharge under Bankruptcy Code Section 523(a)(8)(A)(ii) does not apply.

The financial agreement entered into between both parties was “no more than an agreement to pay for tuition, fees and other registration costs (whatever they turn out to be), at some unspecified future time, and not for an ‘educational benefit overpayment or loan’ as contemplated in §523(a)(8)(A)(i), the court said.

This case is similar to two other recent cases in the Western District of New York, with the exception that in this one, there was no promissory note signed by the debtor.

Exceptions to discharge under the Bankruptcy Code are construed narrowly and a creditor must prove by a preponderance of the evidence that its claim falls within one of those exceptions.

The court sided with the borrower in this case because it did not find a specific amount due in the financial agreement. The agreement contained a monthly interest provision and indicated that an adjustment would be made for financial aid received at a later time.

The financial agreement between the parties was “nothing more than a running account,” the court said.

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

Xerox Ordered to Pay $2.4 Million to Settle Illegal Debt Collection Charges

Posted on November 30, 2016by Admin

Many of us know Xerox as the company that handles office supplies, printers and similar products. However, back in 2009 the company acquired ACS and has been operating as a lender of student loans through Xerox Education Services (XES).

The division has come under much scrutiny in the past year for allegedly violating debt collection laws and overcharging borrowers. Now the company has decided to settle the charges by paying a $2.4 million settlement.

The initial investigation began in December of 2015. After analyzing the company’s loan servicing practices, officials found that XES had failed to properly process applications for federal loan relief associated with the Income-Based Repayment Plan under the Higher Education Act. This forced student loan borrowers to pay more than they needed on their debt. They were also hit with more late fees when they could not afford to make their payments.

The company was charged with violating debt collection regulations by making frequent and repeated phone calls to borrowers and not investigating credit reporting disputes. This led to false information being reported to credit agencies.

Under the settlement, XES will pay $2.4 million, which will be be used as restitution for borrowers who tried to apply for relief but were not able to enroll. The company has also agreed to credit late fee overcharges, reform service members’ accounts, stop its illegal debt collection practices, and establish a “Borrower Advocacy Group” that will help loan recipients apply for income-based repayment plans.

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Debt Relief, Foreclosures, Timothy Kingcade Posts

Number of Closed Foreclosures in Florida Rank Highest in the Nation

Posted on November 29, 2016by Admin

Florida lenders are completing almost double the amount of foreclosures than any other state. Florida recorded 53,084 closed foreclosures during the 12-month period ended in September, according to a report from the real estate data provider, CoreLogic.

That accounted for 13 percent of all the completed foreclosures nationwide and was almost double the 27,182 reported in the No. 2 state, Texas.

Florida, one of the states hardest hit by the real estate market crash, posted the sixth-highest inventory of homes in foreclosure in the U.S., with 1.6 percent of homes in some stage of distress.

While there are fewer new foreclosures being filed, Florida still has a sizable backlog of cases in the court system. The sunshine state has the fourth-longest average timeline, at 1,038 days, from to start to finish of a foreclosure.

In Florida, 3.8 percent of all home mortgages are considered seriously delinquent — at least 90 days past due — which tied for the fourth-highest rate in the nation. This number was down by more than one-third over the year.

CoreLogic’s CEO anticipates that heading into 2017, we will see that prices, performance and production — the three most important drivers of the real estate market — will all improve.

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Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Florida Debt Counselor Filing Bankruptcy, Owes More Than $100 Million

Posted on November 28, 2016by Admin

A Florida businessman who made his fortune as a debt counselor during the Great Recession has filed for Chapter 7 bankruptcy. Timothy McCallan, of Melbourne, is listing more than $100 million in liabilities. He was hit with a judgment for $107 million in an Alabama bankruptcy for Allegra Law, a large debt settlement law firm that was shut down for massive fraud.

Court investigators in the Allegro case have been pursuing McCallan, because his companies, Americorp and Seton Inc., provided record-keeping and data services to Allegro.

Now the businessman is telling a Florida court he needs protection from that claim among others in his bankruptcy filing. An Alabama bankruptcy judge had McCallan arrested and jailed for a time, and declared that McCallan had committed a fraud on the court.

“Thousands of customers signed up for debt settlement services offered by McCallan and paid him more than $100,000,000. Almost none of the money was paid to creditors of the customers as promised by McCallan,” U.S. Bankruptcy Judge William R. Sawyer wrote in an opinion entered in February.

McCallan, who owns a $1.5 million home on the Florida coast, has been ordered to turn over records related to the Allegro Firm. Most recently, McCallan told the court he had been delayed because of damage to his home during Hurricane Matthew, which side-swiped the Florida coastline in early October. But investigators in the Allegro case later learned McCallan’s home suffered no damage.

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Related Resources:

http://www.orlandosentinel.com/business/brinkmann-on-business/os-timothy-mccallan-bankruptcy-20161121-story.html

Credit, Debt Relief, Foreclosures, Timothy Kingcade Posts

Mortgage Rates Surge after Donald Trump’s Election Win

Posted on November 25, 2016by Admin

Mortgage giant Freddie Mac said that the average rate on a 30-year fixed rate loan rose to 4.03 percent, which is the highest rate since July 2015. It is up from 3.94 percent the previous week. Rates on 15-year home loans also rose to 3.25 percent, up from 3.14 percent last week, which is the highest rate since January.

Long-term mortgage rates have been increasing each week since Donald Trump was elected as President on November 8^th. Experts believe that investors are fearful of the president-elect’s plan to cut taxes and spend massively on roads, bridges, airports and other infrastructure could provoke inflation. As a result, investors demand higher long-term rates and pay lower prices for bonds.

The anticipation of economic stimulus has also caused a surge in stock prices. On Wednesday, the Dow Jones industrial average closed above 19,000 for the first time.

However, rising mortgage rates pose a threat to the housing market and the economy. In the past, lower mortgage rates have fueled the real estate market by causing an increase in home sales. According to the National Association of Realtors, existing home sales rose two percent in October to a seasonally adjusted annual rate of 5.6 million, which was the highest rate since February 2007.

Real estate experts believe that mortgage rates will continue to rise until there is more understanding of where the economy and housing policies are headed during Trump’s presidency.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

8 Mistakes to Avoid on Black Friday

Posted on November 23, 2016by Admin

Millions of Americans wait all year for Black Friday to come around. According to the International Council of Shopping Centers, seven out of ten people stock up on holiday gifts during Thanksgiving weekend. With the right planning and research, you can save a ton of money this holiday season.

Here are some mistakes to avoid during the busiest shopping day of the year.

Failing to make a list. Start by making a list of the items you wish to buy. Then research the places with the best prices for these items. If you are unsure of the items you need, determine who you are shopping for and then do some research online.
Paying full price for add-ons. One of the most common mistakes Black Friday shoppers make is paying full price for add-ons when shopping for electronics. These include batteries, cables and chargers. It is important to keep in mind that you do not need to get add-ons the same day or at the same place. Strategize where you can buy each commodity for electronics at the best price. Saving these items for Cyber Monday is a good choice!
Buying toys. The sales on toys typically extend into the first two weeks of December. According to DealNews.com toys are generally cheaper in the first two weeks of December.
Choosing the wrong time to go. Many of the stores who participate in Black Friday deals have started their sales on Thanksgiving in recent years. According to retale.com, 54 percent of shoppers said they would prefer to stay home on Thanksgiving. This gives shoppers a chance to beat the Black Friday crowds.
Opening store credit cards. It is tempting to open a store credit card to save an additional 10 to 15 percent off your purchase. However, going into debt over the holidays is not worth the savings.
Not using a price-comparison app. If you are planning on shopping on Black Friday, using apps like RedLaser, ShopSavvy and BuyVia will help you find the best prices.
Falling for “fear of missing out.” Oftentimes shoppers fall for the belief that sales are short-lived or that items are in limited supply. This is not necessarily true. Retailers have been preparing for this day weeks in advance and have ample supplies of what they expect to be top sellers. Keep in mind that many of the door-buster deals that are in limited supply are cheap quality, as well as cheaply priced.
Forgetting about Cyber Monday. If you do not find what you need on Black Friday, don’t forget about the Cyber Monday deals. Shopping online makes it easier to compare prices and stock up your cart with items you might not have been able to find in stores.

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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.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Bankruptcy History Suggests Intent to Hinder and Delay Creditors

Posted on November 22, 2016by Admin

The Tenth Circuit Court recently heard the Rupp v. Pearson case where the debtor’s historical use of bankruptcy filings suggested improper purpose to hinder and delay creditors.

Mrs. Pearson had filed nine, mostly unsuccessful, bankruptcies since 1993. In 1997, she filed two unsuccessful chapter 13 cases before filing a chapter 7 petition and receiving a discharge. She later filed two more unsuccessful chapter 13 cases and had one pending chapter 13 case. She then filed another chapter 7 case seeking another discharge of her debts. The second chapter 7 case was filed two weeks after the dismissal of her chapter 13, and immediately upon the passage of the eight-year period.

The bankruptcy court inferred that Ms. Pearson was a “system-gamer.” This means that she routinely filed chapter 13 cases simply to stall collection efforts and with no actual intention of complying with the terms of her own plans. She then filed for chapter 7 relief as soon as the law allowed.

During one of Ms. Pearson’s filings, she agreed to contribute her expected tax return to the extent it exceeded $2,000. However, she kept the entire $4,829 refund and spent it on non-exempt personal items. This resulted in the bankruptcy court dismissing one of her chapter 13 cases. When she filed a chapter 7 case two weeks later, the trustee filed an adversary complaint seeking to have Ms. Pearson’s discharge denied due to her misappropriation of the tax refund with intent to defraud creditors, in violation of section 727(a)(2)(A). “In our view, the (trustee’s) complaint states a plausible claim that Ms. Pearson’s failure to turn over to the Chapter 13 bankruptcy estate the required portion of the tax refund was part of a scheme to hinder and delay creditors.”

However, the Tenth Circuit Court rejected the reasoning of the lower courts in finding that the complaint failed to state a claim for relief due to an absence of “fraud markers” and the fact that the complaint failed to negate the possibility of innocent uses of the tax refund. Rather, the circuit court noted that cases under 727(a)(2)(A) are fact-specific and not subject to rigid formulas.

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