Foreclosures, Timothy Kingcade Posts

How a Foreclosed Home can turn into a Zombie Home

The term, ‘zombie home’ refers to a house where the owner has moved out and the lender has never finished the foreclosure paperwork, leaving the absent homeowner legally liable for the foreclosed property along with the property taxes, homeowner association fees, fines for building code violations, etc.

Public records are clear that the homeowner still owns the property, but in many cases since the owner has already moved out he or she is unaware of this. Lenders typically are not required to notify the homeowner when a foreclosure is not complete. So following your move out, you should research public records to monitor the home’s ownership status.

According to RealtyTrac, as many as 300,000 zombie houses exist in the United States, and every state likely has at least a few of them. Florida is “Zombie Central,” with potentially 90,556 zombie houses, about 30 percent of the U.S. total. So why are there so many zombie homes? One reason is metropolitan areas tend to have distressed properties in such poor condition that neither the homeowner nor the bank wants to own them.

States such as Nevada, Oregon and Washington have new laws that punish banks for improper foreclosures, causing delays in the process. Some cities have set up registries of foreclosed or abandoned properties or enacted local laws that require lenders to perform basic maintenance, but enforcement may be minimal or ineffective.

Click here to read more about zombie homes and their effect on the housing market.

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 website, www.miamibankruptcy.com.

Bankruptcy Law, Timothy Kingcade Posts

Will my 401(K) be Safe if I file for Bankruptcy?

Yes, your 401(K) is safe from bankruptcy. But it is only protected as long as it remains in your 401(K) account. Taking money out of your 401(k) or any retirement account prior to filing bankruptcy converts the funds from a protected to an unprotected asset, taking them from a retirement nest egg to money being used for daily expenses. Funds in checking accounts, savings accounts and other nonretirement investment accounts do not receive the same protections as retirement funds.

Click here to read more on whether your 401(K) and other retirement assets will be safe after filing for bankruptcy.

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.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Six Ways to Protect your Credit after a Natural Disaster

Following a natural disaster, such as the recent Oklahoma tornados and California wildfires- not to forget Florida’s hurricane season, the last thing you want to think about is whether you have paid your Visa bill.

Putting such tasks on the back burner while you are focusing on more important issues such as temporary housing along with food and water can be devastating to your credit score. Just a few delinquent payments can ruin your credit score when you need access to credit the most.

Here are six ways to ensure that your old debts do not jeopardize your financial future:

1.) Get a copy of your credit report. By having a copy of your credit report before it reflects any financial impact resulting from the disaster, you can later make the case to a lender or someone else checking your credit that the disaster, not financial mismanagement, caused your low credit score. You can get a free credit report each year from each of the three big credit bureaus (Experian, Equifax and TransUnion) from AnnualCreditReport.com
2.) Create a post-disaster budget. While you’re waiting for a check from your insurance company, take a realistic look at your savings and any income that’s coming in. Once you have your post-disaster budget, you will know how much you have left to pay on your credit cards and other debts.
3.) Initiate contact with creditors. Once you know how much money you are working with, it’s time to reach out to your creditors. Sometimes when disasters occur, credit card companies will email their customers to let them know they are aware of the disaster and will waive late fees that month for those who have been affected.
4.) Document all conversations. When contacting your creditors, be prepared to tell them how the disaster affected you, how long you think your ability to pay will be impacted and how much you can afford to put toward your bill. Keep a detailed record of the conversation, knowing who you talked to, what they promised and when the phone call took place.
5.) Explain the disaster’s effects on your credit reports. As you are recovering financially from a disaster, you can add a 100 word statement to your credit report explaining that you experienced a natural disaster and it caused your credit to suffer.
6.) Look for long-term recovery funding. Your insurance policies and government assistance may help you rebuild your home or possibly replace your car, but you may have to seek additional resources to help you pay for other debt obligations, particularly if you lost your job following the natural disaster.

Click here to read more about the six ways you can protect your credit following a natural disaster.

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.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Credit Card Act of 2009- Changes Proposed to Protect Consumers

Thanks to the Credit Card Act of 2009, cardholders are getting hit with fewer penalty fees and surprise interest rate hikes. However, according to a recent news story, a sequel to the Credit Card Accountability, Responsibility and Disclosure Act of 2009 could be in the works as regulators sort through a fresh batch of complaints. Regulators at the Consumer Financial Protection Bureau collected the comments earlier this year about the post-CARD Act environment. The CFPB plans to issue a study in coming months that will look at the law’s impact on the availability of credit, and at how card issuers’ practices are affecting consumers.

Several groups pointed at deferred interest cards as the most dangerous trap lying in wait for unwary borrowers. Deferred interest cards allow people to purchase appliances, furniture and other expenditures they cannot pay for upfront without accruing the added interest. The delayed interest deals are also becoming popular with some doctors and dentists as a way for their patients to finance expensive medical procedures. These type cards are often the most dangerous traps for unwary borrowers, because these cards come with very complicated contracts. One unwary Denver resident told Consumers Union that she and her spouse wound up paying more than $1,000 in surprise interest on a deferred deal. Having made their first payment in October, the couple figured that the final payment on the one-year deferral would be due the following October — but that was a month late. As a result, they were charged the full year of accrued interest, which took a few more months of payments to erase.

Click here to read more on the new protections being proposed by regulators and consumer advocates when it comes to the Credit Card Act of 2009.

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

South Florida Foreclosure Update: Recent report shows negative Equity and Foreclosures still High

Although South Florida has recently shown impressive gains in home prices and sales volume, it still has a long way to go. Corelogic reported that 40.7 percent of the mortgaged homes in the greater Miami area and 39.3 percent of those in the greater Fort Lauderdale area remained underwater in the first quarter. According to the real estate data firm, that is roughly double the national average of 19.8 percent of all mortgaged homes. In Broward County, foreclosure activity spiked 112.8 percent in May from a year earlier. One of every 317 residences in Broward received some sort of foreclosure filing during May, RealtyTrac said.

Much of the foreclosure activity reflects lenders moving forward with cases that were long delayed while regulatory concerns about robo-signing and similar mishandling of delinquent loans were settled. This recent data helps to explain the lack of inventory available in South Florida at present time. Most homeowners are less likely to put their home on the market if that means having to pay out cash at the closing table.

Click here to read more on the latest foreclosure data compiled by Corelogic for South Florida.

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 website, www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

TREND ALERT: Lenders seek Court Actions against Homeowners Years after Foreclosure- Find out who they’re targeting…

homes underwaterIn an increasing foreclosure trend, a number of homeowners are being taken to court by their lenders years after their houses were lost to foreclosure. Lenders are filing motions in old foreclosure lawsuits and hiring debt collectors to pursue leftover debt, plus court fees, attorneys’ fees and tens of thousands in interest that had been accruing for years. It’s all part of a legal process known as a “deficiency judgment,” which is allowed in 40 of 50 states- including Florida.

It works like this: A property with a $500,000 mortgage might be worth only $300,000 following the housing crisis. The $200,000 difference, or what’s commonly referred to as the “underwater amount,” is known to lenders as a deficiency balance. Among the lenders pursuing the judgments are Fannie Mae and Freddie Mac. Officials at those agencies said the judgments are necessary to recoup money lost in the housing market crisis.

Deficiency judgments are financially devastating to the foreclosed home buyer and also come with income tax consequences. Freddie Mac seems to be targeting “strategic defaulters,” which the agency defines as “someone who had the means but chose to go into default, that there were no extenuating circumstances that affected their ability to pay. If you’re choosing not to pay off your mortgage, but you’re paying other bills, this would be considered strategic default.”

Click here to read more on lenders seeking court actions against homeowners years after foreclosure with deficiency judgments.

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 website, www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Five Credit Tips for College Grads

For recent college graduates, the end of college means entrance into the ‘real world’. While new grads tend to focus on pressing issues like submitting job applications and sending out resumes, it is important to pay attention to personal finances.

1.) Choose cards selectively and apply seldom: Be selective about which cards you apply for, and only apply for one credit card at a time. Most credit applications result in an extensive inquiry, and if you have too many inquiries in a short period of time, you may be less likely to be approved by lenders when you apply for additional lines of credit in the future.

2.) Use your cards wisely: To build strong credit, use your credit card to buy everyday items, preferably things that you’re getting rewards points and cash back for, and pay the bill in full every month.

3.) Pay down your student loans: If you have a student loan payment that’s too high, your best option is to negotiate with the lender and try and make a reduced payment every month. You’ll be paying down the debt at a slower rate, but it’s a start. You may also consider consolidating all your loans into one, which may help lower monthly payments and better manage your outstanding debt. Deferment and forbearance are not wise options. These simply postpone the inevitable.

4.) Pay your bills on time: Your payment history contributes to 35% of your credit score, and on-time payments matter. Set up alerts and use online (automatic debits from your bank account) payments to help you stay current when it comes to your bills. Any payment more than 30 days late will likely be reported to the credit bureaus as delinquent.

5.) Check your credit report: Go to www.annualcreditreport.com and check your credit report at least once every year. It’s free to do! A recent report by the Federal Trade Commission found that 20% of consumers had an error on at least one of their three credit reports. Errors may impact your ability to receive financing on things like a mortgage or car loan or limit your access to the best credit cards.

Click here to read more on the 5 credit tips for recent college graduates:

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.

Bankruptcy Law, Credit, Timothy Kingcade Posts

How to Obliterate your Student Loan Debt

homes underwaterPaying off student loan debt can often be just as difficult as earning your degree. According to the Pew Research Center, nearly 1 in 5 households carry student loan debt. That’s nearly double the number of households from 1998. U.S. students on average borrow $27,000 for education, according to the Project on Student Debt, which is more than twice what students borrowed, on average, about 20 years ago.

No matter what debt eliminating strategy you use, giving up a portion of your paycheck to pay off student loan debt takes discipline and oftentimes radical lifestyle changes. Here’s how three couples worked to pay down their student loan debt in record time.

Understand the Problem: It wasn’t until Deacon Hayes and his wife wrote down their student loan debt on paper that they got serious about paying it off. They credit their strict budgeting and using the debt snowball method (paying down debt starting with the smallest amount and working up) as the reasons why they were able to pay off all of their debt in just 18 months. In addition, they combined cell phone plans, saving $50 per month and sold Hayes’ brand-new car.

Close the Leaks: Once you understand where your money is going, plug budget leaks and open new income streams. Both tactics are helping Bryan Lovgren and his wife in their plan to tackle nearly $28,000 in loans in just 10 months. They bargain shop for necessity items and have switched to a more vegetable-based diet to lower food costs. More importantly, they have committed to living off one salary, while Lovgren’s wife devotes her entire paychecks to the loan. They have also generated $7,000 to $8,000 by selling things they own through a local classified service.

Stay Motivated: Statistically, consumers spend less when they use cash over credit cards, plan purchases in advance, automate their savings and keep projected savings goals in mind. Keeping your eye on the prize also helps. To pay off more than $100,000 in student loan debt in five years, Tricia Meyer and her husband made loan payments equivalent to their mortgage payments each month and built that into their necessary household expenses. To make the extra payment, they both took freelance consulting or teaching jobs and Meyer launched a couponing website where she now works full time. Together the couple generated between $10,000 and $15,000 annually in side income.

Click here to read more on how three couples paid off their student loan debt in record time.

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.

Bankruptcy Law, Timothy Kingcade Posts

Lauderdale Lakes Rental Inspection Program Challenged in Federal Court

A group of Lauderdale Lake apartment complexes is suing the city in Federal court, claiming its new rental inspection program amounts to unnecessary and unwarranted searches of their property. The suit seeks to have the law declared unconstitutional and is asking for an injunction to keep the city from conducting inspections while the suit is heard.

City officials created the inspection program in February as a way of dealing with the foreclosure crisis that saw many single-family homes turned into poorly maintained rental properties. Under the program, inspectors go inside every rental to make sure the plumbing works, the electric circuits are wired properly, illegal rooms have not been added and walls and ceilings are not falling down.

The suit says even if there were a legitimate city purpose for the inspections, they would at least have to be required of all residences. In addition, plaintiffs believe that the inspection fee (of $150) is excessive and arbitrary because no such fee is charged to residential property owners whose apartment or residences are not for rent.

Click here to read more on the Rental Inspection Program being challenged in Federal court.

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 website, www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Property Values on the Rise in most Broward Cities

Property values in Broward County are on the rise according to new data. Cooper City leads the way with an 8.56-percent increase in taxable value; North Lauderdale comes in second with a 7.07-percent increase. Parkland has registered a 6.20-percent increase, while Coral Springs has seen a 4.08-percent spike in value.

These new numbers confirm the worst may be behind us. Mayor Vince Boccard expects property values to increase gradually in the next few years. Interest rates remain at historic lows, which have contributed to the shrinking inventory of homes on the market and an increase in housing prices all over the country. Many people are coming to realize that it costs less to purchase a home than to rent one.

Click here to read more on the rise in property values in Broward County.

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 website, www.miamibankruptcy.com.