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Westin Fort Lauderdale Hotel in Foreclosure

Posted on October 3, 2013by Admin

The Westin Hotel in Fort Lauderdale has been hit with a foreclosure lawsuit, as it struggles to keep up with new hotels closer to the beach. U.S. Bank filed a foreclosure lawsuit on September 23 against PFL VII LLC, the owner of the 293-room hotel at 400 Corporate Drive. The hotel was built in 1986 with 141,391 square feet, including 22,000 square feet of event space. PFL bought it for $40.5 million in 2007 with a $42 million mortgage.

According to Trepp LLC, the mortgage has $41.3 million outstanding. The payments were current as of early September, but the loan was placed into special servicing for imminent default several months ago. The borrower requested payment relief because of negative cash flows. For the 12 months ended March 31, the Weston Fort Lauderdale generated net operating income of $2.8 million on revenue of $13.4 million, but that was not enough to meet its loan payments without extra capital from the owner, according to Trepp. The hotel had an occupancy rate of 74 percent. Increased online competition has hurt the hotel, which has been unable to raise room rates. The situation is expected to worsen as it enters its slower season starting in August.

Click here to read more on the Westin Fort Lauderdale Hotel in foreclosure.

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.

Distressed Home Sales Increase in South Florida

Posted on October 2, 2013by Admin

A new report indicates that sales of distressed homes have greatly increased across South Florida in August, a sign that more foreclosures are working their way through the court system. Four out of 10 Broward County sales last month involved homes in some stage of repossession, according to RealtyTrac, Inc. Foreclosure-related homes accounted for only 21 percent of Broward sales in August 2012. In Palm Beach County, 36 percent of August sales involved distressed homes, up from 20 percent a year earlier.

The figures are based on county deeds and include single-family homes, condominiums and townhomes. Broward’s median price in August for distressed homes was $112,150, up 24 percent from a year ago, RealtyTrac reported. Palm Beach County’s median for distressed homes increased 21 percent to $110,000.

Individual investors and large investment firms have been buying these foreclosed properties, usually paying in cash. In July and August, nearly seven in 10 sales across Palm Beach, Broward and Miami-Dade counties were all-cash deals, RealtyTrac reported. The investors add value through renovations, then turn around and sell the homes for a profit. Investment firms tend to rent the homes for a year or longer before selling.

According to real estate agents the demand has helped the market rebound from the housing crash, but has led to a shortage of homes and kept many young families from buying.

Click here to read more on the increase of distressed home sales across South Florida.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Creditor Harassment- Know your Legal Rights

Posted on October 1, 2013by Admin

The following tips can help you maintain your sanity when it comes to dealing with debt collectors. The first step is to try and address the issue before it becomes a problem. While paying bills on time is ideal, it is not always possible. Sometimes the unforeseen can occur- the loss of a job or an unexpected health problem can cause you to fall behind on bills and accumulate a great deal of debt. It is important that you do not ignore the issue. First, contact your creditors and explain the situation, attempt to work out a payment plan before the bill is turned over to collections.

If this is not possible and the debt gets turned over to a harassing debt collection agency, you have options. Write a letter requesting that the collector stop contacting you. Under the Fair Debt Collection Practices Act (FDCPA), debt collection agencies and attorneys must stop contacting you after receiving a letter requesting that they stop calling. You should also indicate any illegal actions committed by the collector in this letter. Keep a copy of this letter for your records.

After you send this letter, collectors may only contact you to acknowledge receipt of the request, to tell you their efforts have ended or to tell you that they are suing you. However, you should note that the FDCPA only applies to collection agencies and attorneys – it does not apply to in-house collection departments, although many creditors will honor the request. If your letter fails to end the harassment, a letter from a lawyer usually will. Additionally, once you have hired a lawyer, the collection agency or creditor’s attorney must only communicate to you through your lawyer. The other benefit of retaining an attorney is that they can help you raise legal claims under the FDCPA.

Under the Fair Debt Collections Practices Act, it is illegal for debt collectors to do the following:

• Contact your employer or neighbors about your debt
• Call you late at night or at unreasonable hours
• Call you at work
• Call you repeatedly
• Engage in deceptive conduct
• Calling you without disclosing the collector’s identity
• Use obscene, derogatory, or insulting remarks
• Threaten arrest or loss of child custody or welfare benefits
• Publish your name
• Use any communication, language or symbols on envelopes or postcards that indicate that the sender is in the debt collection business
• Threaten self-help repossession without legal right or present intent to do so

If the collection agency is in violation of any of these laws, you may be able to sue them for damages, your attorney fees, plus an additional $1,000.00.

If you are in a financial crisis and are considering filing 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

Family’s Home Mistaken for Foreclosed Property across the Street

Posted on September 30, 2013by Admin

A woman from Ohio claims a bank mistakenly cleared items from her home confusing it for a foreclosed house across the street, then demanded receipts when she asked to be compensated for her missing possessions. Katie Barnett, 36, a nurse, said her family had left for about two weeks last month and returned to find the locks on their home had been changed and many of their belongings had been taken.

Turns out First National Bank in Wellston, had mistaken her home for a bank-owned property across the street. Two dressers and clothing for her five children were taken, as well as items from outside their home, including pool cleaning supplies and patio furniture. The house that should have been repossessed was just two houses down the street.

Barnett’s home is not the first that a bank has mistaken for a foreclosed property. Just two weeks ago, a couple in Fort Worth, TX, discovered their home was confused for a vacant home, then mistakenly demolished. She asked the bank for compensation for the missing items, which she estimated were worth $18,000.

First National Bank apologized and said “two representatives were assigned to clean and refurbish a bank-owned residential property and a GPS locator led them to the wrong home, which was located on the same street as the bank owned property.” The bank argues that the value Barnett assigned to the items is inconsistent with the list and descriptions of the items removed from the home. Barnett said she has an attorney and plans to bring a lawsuit.

Click here to read more on this story.

Foreclosures, Timothy Kingcade Posts

Florida among Top States for Mortgage Fraud

Posted on September 27, 2013by Admin

According to a recent report by CoreLogic, Florida remains one of the most at-risk states for mortgage fraud. The report revealed that Florida had an estimated value of $273 million in fraudulent mortgage applications, behind California ($864 million) and New York ($278 million). Texas ($261 million) and Virginia ($231 million) rounded out the top 5. Nationwide there were an estimated $5.3 billion in fraudulent loan applications.

Click here to read more on the story listing Florida as one of the top states for mortgage fraud.

Bankruptcy Law, Timothy Kingcade Posts

U.S. Dept. of Education to Contact Borrowers with NEW Options for Repaying Student Loans

Posted on September 26, 2013by Admin

Starting next month, the U.S. Department of Education will contact borrowers who are struggling to repay their federal loans to make sure they know of all the options available to them. The challenge will be getting the word out as there are many people who can benefit from the income-based repayment programs being offered. To accomplish this, the department is planning to send e-mails to those who seem most likely to benefit from the programs, explaining debt-relief plans based on the borrower’s income.

Efforts to help alleviate student debt, now at more than $1.1 trillion, and make college more affordable have been central issues for the Obama administration. It has expanded debt relief for low-income borrowers with a Pay as You Earn program for recent graduates, and simplified enrollment by putting the application online and allowing applicants to import information from their tax return.

Once enrolled in a program, low-income borrowers with high debt will pay a percentage of their discretionary income every month, and after a certain time period — 20 years in the new program, 25 years in older plans and 10 years for those in public service jobs — the remaining federal debt is forgiven.

Of course, income-based programs have a downside: because the repayment period is longer than the standard 10 years, except for those in public service jobs, interest costs are higher. The U.S. Dept of Education stresses that the programs are not meant for all borrowers, but as a safety net for those struggling with their student loan debt.

Click here to read more on the new options available for repaying student loans.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Parents on the Hook for Child’s Student Loans

Posted on September 25, 2013by Admin

American student loan debt tops $1 trillion, according to the Consumer Financial Protection Bureau. But with many recent graduates facing a tough job market and limited employment opportunities, what happens when they cannot afford their monthly student loan payments? If a parent co-signed the loan, the burden shifts to them.

Bankruptcy attorneys are seeing an increasing trend with parents struggling to pay off their child’s student loans. Unfortunately, even bankruptcy cannot wipe the slate clean- unless of course undue hardship can be proven. Al Franken, on the Senate Education Committee, said that he has backed several pieces of legislation he thinks could help. One example is the Fairness for Struggling Students Act, which, if passed, would make it possible to eliminate private student loan debt in bankruptcy. Franken has also backed legislation that aims to help students receive better counseling when taking out a loan.

Experts say parents can and should co-sign their child’s student loans, but must be “informed borrowers,” meaning they need to closely scrutinize the terms of the loan. Many banks are getting out of the student loan business, largely because of the increased scrutiny from lawmakers. JPMorgan Chase announced its departure just a couple of weeks ago. Bank of America, Citigroup, and U.S. Bank have already done the same. So for future borrowers, it means more student loans will come from the federal government.

Click here to read more on the story.

Foreclosures, Timothy Kingcade Posts

Foreclosure Nightmare! Could this Happen to you?

Posted on September 24, 2013by Admin

An Altadena family who had been paying their mortgage on time following a loan modification they received from Ocwen Financial Corporation had their house literally sold out from under them. The unsuspecting family said that they first received a call and later a letter notifying them Ocwen had sold their loan to Nationstar Mortgage. Shortly after, they received a knock on the door telling them they had two weeks to leave their house because a company called Sage Equities had bought their home in foreclosure.

Stunned, the Sinclair’s contested that they had always paid their mortgage on time, in full, and had the documentation to prove it. But in June, after their first payment to Nationstar, the mortgage company sent a check back to them for the full amount. The family said they attempted to figure out why Nationstar was not taking their payment, but never received an answer and continued making their scheduled payments each month. What’s more interesting, Nationstar continued collecting their money, even as the Sinclair’s were repeatedly told by Sage Equities they had to leave their house.

After repeated attempts made by the Sinclair family to resolve this, a Nationstar representative finally gave them a reason for the foreclosure over the phone. They said they did not notarize one paper of the modification, when in fact they did. Following the confusion, Nationstar released the following statement: “We are very sorry for the situation Mr. Sinclair was in, and we deeply regret the difficulty he experienced. As a result of KABC bringing this situation to our attention, we were able to expedite our review and take two importation steps. First, we have rescinded the sale of the home, which means Mr. Sinclair will not have to leave his house. Second, we are going to honor the previous loan modification that was put in place.”

Unfortunately today, banks are foreclosing in ways that circumvent the law, taking a variety of shortcuts that place homeowners at a disadvantage. If this happens to you, consult an experienced foreclosure defense attorney and speak with your bank immediately. Fortunately for the Sinclair’s, they were able to stay in their home. But they say that it does not make up for the terrible experience they endured.

Click here to read more on this foreclosure nightmare.

Foreclosures, Timothy Kingcade Posts

Dina Lohan Facing Foreclosure

Posted on September 23, 2013by Admin

Troubled mom of actress Lindsay Lohan is about to lose her home according to the Long Island Press. Lender JPMorgan Chase filed new court papers on August 28 to foreclose on her $1.3 million Merrick house. Court documents read, Dina “has failed to comply with the conditions of the mortgage by failing to pay portions of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges.”

This is not the first time the bank has been after Lohan’s home. According to court documents obtained by TMZ, JPMorgan Chase Bank filed documents in 2010 to foreclose on Dina’s Long Island home because she had fallen behind on payments. That time the bank ended up cutting a deal in which Dina agreed to a new payment plan that would prevent her home from being auctioned off. Sources close to Lindsay claim that she made Dina’s payments and then supplied her with more bailout money- $40,000.

Click here to read more on the latest drama surrounding Dina Lohan facing foreclosure.

Foreclosures, Timothy Kingcade Posts

Perpetrators of Online Foreclosure Rescue Scam Sentenced

Posted on September 19, 2013by Admin

Mark Farhood and Jason Sant each pleaded guilty to conspiracy charges for operating a national online foreclosure rescue scam that deceived hundreds of distressed homeowners into surrendering their properties. U.S. District Judge Anthony J. Trenga from the Eastern District of Virginia sentenced Farhood to 11 years in prison and Sant to six years in prison. Each defendant was also ordered to forfeit approximately $2 million in fraud proceeds to the government, along with various bank accounts and other assets.

According to court documents, the conspirators co-owned Home Advocate Trustees, which also went by the names Walk Away Today, First Equity Trustees, Home Security Consultants, Sell Fast USA, Short Sale Buyer, USA Sell House Fast and USA Rental Housing. The defendants marketed the businesses nationwide as “purchasers of distressed real estate” to help vulnerable homeowners avoid foreclosure and the negative effects this could have on their credit scores.

The companies told homeowners they could negotiate with lenders to purchase mortgage notes at a discount and falsely claimed to be in business for 17 years. They also claimed they had a 90% success rate in obtaining these notes and claimed to be the nation’s largest volume buyer of short-sale and overleveraged real estate.

However, the defendants admitted in court that negotiations with lenders never occurred. They added that the scheme was a way for them to claim hundreds of residential properties at basically no cost and then reap millions of dollars in profits by renting the homes to unsuspecting tenants.

In addition, as part of the scam, the operators submitted fraudulent loan modification applications to lenders under the Treasury Department’s Making Home Affordable Program in the name of the homeowners without their consent. These inaccurate applications were meant to delay the lenders from foreclosing on the properties, which allowed the scammers to maximize the time period during which they could collect rental income from unsuspecting tenants.

Click here to read more about the online foreclosure rescue scam.