Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Bankruptcy Law, Credit, Timothy Kingcade Posts

Top 10 Leading Causes of Bankruptcy

Posted on March 21, 2013by Admin

In the southern district of Florida, 31,989 people filed for personal bankruptcy in 2012 and 36,847 in 2011. However, the factors that cause people to file for bankruptcy can be very different. See below for the top ten leading causes of filing for personal bankruptcy.

1. Medical Bills: Medical debt is the leading cause of bankruptcy in the United States. Studies show that 42% of all personal bankruptcies are the result of medical bills.

2. Job Loss: Approximately 22% of those who file for personal bankruptcy attribute their financial troubles to their unemployment.

3. Uncontrolled Spending: Credit card bills, mortgages and car payments contribute to approximately 15% of bankruptcies in the United States. Many Americans are forced to file for bankruptcy protection every year due to uncontrolled spending habits.

4. Divorce: Divorce can be very expensive when there are legal fees, child support payments, alimony payments and the burden of providing for a household on only one income. Divorce attributes to 8% of bankruptcy filings in the United States.

5. Unexpected Disasters: Around 7% of personal bankruptcies are the result of an unexpected disaster such as an earthquake, flood or hurricane. Many Americans cannot recover from debt surrounding a natural disaster due to a lack of homeowners or renters insurance.

6. Avoiding Foreclosure: Many people have filed for bankruptcy protection in order to avoid their home from being foreclosed on. Approximately 1.5% of Americans reportedly file for bankruptcy to stay in their homes.

7. Poor Financial Planning: Nearly 1.5% of Americans who file for bankruptcy protection are forced to do so because of poor financial planning.

8. Preventing Loss of Utilities: One percent of families file for bankruptcy protection in order to keep their utilities on, such as electricity.

9. Student Loans: Student loans are not typically dischargeable debt when filing for bankruptcy; however, the minimum payments can be so high that the individual is forced to file for bankruptcy to eliminate other debt. One percent of Americans attribute their bankruptcy to student loans.

10. Preventing Repossession: One percent of Americans file for bankruptcy in order to have repossessed items returned to them or to avoid repossession altogether.

Click here to read more about the 10 leading causes of personal bankruptcy.

Click here to find bankruptcy statistics in the United States from 2011 and 2012.

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.

Credit, Foreclosures, Timothy Kingcade Posts

‘Shadow Inventory’ May Ease Shortage of Homes for Sale in Florida

Posted on March 20, 2013by Admin

According to RealtyTrac, there are more than 56,000 homes currently in the process of foreclosure in Palm Beach and Broward counties. That is a 55 percent increase from this time last year. As a result, there has been a shortage of homes for sale, which has been frustrating for prospective buyers. Homes that are lingering in the foreclosure process are also known as ‘shadow inventory.’ There is currently such a great amount of shadow inventory that it suggests that buyers will eventually have a greater supply once the courts begin streamlining the foreclosure process. Another reason there has been a shortage of homes is because lenders have been holding back inventory that is available to sell in order to encourage a recovery and avoid a loss on the property.

Many individual buyers are being outmuscled by large investment firms in South Florida that are buying up millions of dollars of distressed real estate. In many cases, these large firms are buying up properties before they make it to multiple listing services, leaving individual buyers little chance at all. Investment firms bought more than 5,200 properties during 2012 and are reportedly still on the market for good deals. Therefore, when the ‘shadow inventory’ homes do make it to the market, it is not likely they will hurt home prices because there are so many individual buyers and investment firms that are looking to buy right now.

Click here to read more about shadow inventory and how it may ease the shortage of homes for sale in Florida.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. 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, Kingcade & Garcia, P.A.

Bankruptcy Law, Credit, Timothy Kingcade Posts

The Devastating Effect Medical Bills can have on your Credit Score And what you can do about it

Posted on March 19, 2013by Admin

One thing that can be the most devastating to your credit score is an unpaid medical bill. Many Americans find themselves with a low credit score due to unpaid medical debt. Commonwealth fund estimated that nearly 30 million Americans were contacted by collection agencies for unpaid medical bills during 2010. In many cases, they did not know about the debt until it already damaged their credit score. A combination of sky-high bills, insurance processing delays and billing mistakes are often to blame for credit-harming medical bills. Unfortunately, many patients believe that medical bills cannot harm their credit score, when in reality even unpaid $15 co-pays can cause your credit score to plummet.

See below four medical bill myths that can wind up hurting your finances and your credit score:

1. As long as I am making payments on a medical bill, it cannot be sent to collections.

2. I have to be notified before a medical bill is turned over to a collection agency.

3. Medical collection accounts are treated differently than other types of collection accounts when credit scores are calculated.

Another unfortunate fact about medical debt is that most of those who are contacted by collection agencies do not fully understand their rights regarding the debt. If you are contacted by a collection agency you have (1) the right to receive written confirmation of the debt and (2) the right to dispute the debt. Under the Fair Credit Reporting Act, you also have the right to dispute inaccurate information on your credit report. Congress is currently considering the Medical Debt Responsibility Act, which will help out those who are struggling with medical debt. The proposed legislation would require medical bills to be removed from credit reports 45 days after they are paid as long as the original amount does not exceed $2,500.

Click here to read more on the negative effects medical bills can have on your credit score.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. website.

Bankruptcy Law, Foreclosures, Timothy Kingcade Posts

Floridians Take Advantage of Low Interest Rates This Year

Posted on March 18, 2013by Admin

Florida has experienced a mortgage boom this year, due to eager home buyers taking advantage of lower interest rates. According to statistics released by JPMorgan Chase last Friday, Floridians have been getting new mortgages nearly double the national average. A Chase spokeswoman said that the mortgage giant has helped more than 56,000 Florida residents get new mortgages in the last year. The numbers of Floridians getting mortgages are up 52 percent this year, compared to last year. This is a 21 percent hike compared to the national average, meaning Florida doubled the national trend in originations. Many Floridians are rushing to apply for a mortgage so they do not miss the record low interest rates. Interest rates on a 30-year home recently jumped to 3.63 due to the strengthening economy. The 30-year fixed interest rate reached an all-time low in November 2012 of 3.31 percent.

Much of the dramatic increase in residents applying for mortgages is coming from South Florida. Analysts believe the hike can be attributed to many who lost their homes to foreclosures during the recession a few years ago. They are getting back on their feet and able to qualify for new mortgages after spending a few years restoring their credit scores. These buyers are known as “boomerang buyers.” In some cases, they may have lost their jobs but now have new ones and are able to buy again. Analysts also believe some of those helping the state’s mortgage market are snowbirds looking to move to South Florida now that the economy is improving.

Click here to read more about Florida’s mortgage boom.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Best Credit Cards to use after Bankruptcy

Posted on March 15, 2013by Admin

Believe it or not, getting a new credit card after filing for bankruptcy is one of the best ways to begin rebuilding your credit score. But how do you know which one is right for you? A secured credit card is a great way to start over. These are one of the few types of credit cards that tend to be easy to get if you’ve been through bankruptcy or other credit problems. In most cases, they are available as soon as your bankruptcy is discharged. You’ll place a security deposit with the issuer and get a major credit card you will use just like any other credit card.

To ensure you get the maximum benefit from your secured card, it is important you do three important things:

1.) Choose a card that reports your payment history each month to all three credit-reporting agencies.

2.) Make your payments on time, all of the time, NO EXCEPTIONS. A single late payment can cause your credit score to drop significantly.

3.) Keep your balance low. Only use 10%-15% of your available credit line.

If you are trying to rebuild credit after bankruptcy, you need to review your credit reports and scores frequently. Get your credit reports from AnnualCreditReport.com about three months after your case is discharged. Dispute any mistakes you find. Then use Credit.com’s Free Credit Report Card to check your credit score each month. If you have positive credit references reporting to the credit bureaus, you should see steady progress over time. One more tip, do not apply for additional credit until your bankruptcy is discharged. Taking on additional credit while you are still completing a bankruptcy can jeopardize your case.

Credit, Foreclosures, Timothy Kingcade Posts

Don’t be fooled by these 6 Mortgage Scams

Posted on March 14, 2013by Admin

Homeowners struggling to avoid foreclosure are often the prime targets of con artists selling mortgage-relief scams. Many mortgage scammers have been arrested, but plenty more are trying to take advantage of homeowners’ financial woes. Here are some examples of common mortgage-relief scams.

1.) Imposter counselors: Several Florida men were arrested in August 2011 and charged with defrauding homeowners as a company named Home Owners Protection Economics Inc., or H.O.P.E. — meant to mimic the name of Hope Now, a public-private alliance of lenders, nonprofit housing counselors and other mortgage-industry participants. The scammers claimed to be connected to the homeowners’ lenders or said the homeowners were approved for a loan modification under the Home Affordable Modification Program. They demanded an upfront fee for their services.

2.) Loan-Audit Offers: This scam works by a salesperson calling the homeowner and saying they are going to audit their mortgage documents and use the violations they could find to force their lender to approve a loan modification. The scammers would tell people that they found violations 90% of the time. These scammers typically ask homeowners for $1,000 to $5,000, with an average fee of $3,000.

3.) Money-back guarantee: Howard Shmuckler, owner of The Shmuckler Group in Vienna, Va., collected almost $2.8 million from struggling homeowners by promising them he could guarantee a loan modification under the Home Affordable Modification Program. He told these homeowners to stop making their mortgage payments and to avoid contact with their lenders. Homeowners should never pay a fee for loan-modification assistance. Government and nonprofit housing counselors provide this service for free. Some of Shmuckler’s victims might have been able to modify their mortgages under HAMP if they had not fallen so far behind on the mortgage after following Shmuckler’s advice.

4.) Calls to stop contacting your lender: Be wary of anyone who tells you to stop paying your lender or who tells you to stop trying to contact your lender. This past March, three people were arrested on charges of committing fraud against California homeowners. They were Gregory and Cynthia Flahive, ex-spouses and co-owners of Flahive Law Corp., and the firm’s managing attorney, Mike Johnson. In addition to requiring upfront fees in exchange for loan-modification assistance, the Flahives told one homeowner to reject his lender’s offer of a loan modification. They told that homeowner that they could get a better deal. Instead, the home was lost to foreclosure in four months.

5.) Misrepresentation of the attorneys general settlement: Another common scam is for homeowners to be told that a caller is from a government agency with information about the mortgage settlement. The caller requests a bank routing number or other personal information to “facilitate the refund,” but then the scammers drain the bank account. To avoid this scam, never give out personal financial information to anyone who calls.

6.) Mass-joinder scam: Fake and even legitimate law firms send notices to homeowners, including some who are not in financial distress, that claim the homeowners have been wronged by their lenders and may be eligible for restitution. The homeowners are told to pay $2,000 or more to become part of the lawsuit. Never pay a fee to become part of a class-action lawsuit. Anyone who guarantees a loan modification from your lender or guarantees that a foreclosure can be prevented cannot be telling the truth.

Click here to read more on Mortgage Scams.

Credit, Foreclosures, Timothy Kingcade Posts

10 Items you ABSOLUTELY Need to get a Mortgage

Posted on March 13, 2013by Admin

Many people believe that owning a home is unattainable after filing for bankruptcy. But in fact, the average waiting period from mortgage lenders after filing for bankruptcy is just two years. As long as you stay on top of your payments and do not accrue more debt. Below is a laundry list of documents you will need to start a mortgage application.

1.) A valid driver’s license which verifies your identity, compliant with the Patriot Act.

2.) Secondary ID’s (a passport or social security card) as support for number one.

3.) Your most recent pay stubs for a period of one month.

4.) W-2 forms from employers for the past two years to prove employment and earnings history.

5.) Signed federal tax returns (with all pages and schedules) for the past two years.

6.) Most recent bank and asset statements (all pages) for a period of two months.

7.) Fully executed contract for the property you are buying.

8.) If refinancing, a copy of your deed.

9.) Name, address and phone number of your landlord

10.) Name, address, phone, fax numbers and email address for your attorney

Click here to find more tips to be approved for a mortgage.

Credit, Timothy Kingcade Posts

One in Ten People Denied Jobs Due to Employer Credit Checks

Posted on March 12, 2013by Admin

A recent survey from Demos found that one in four unemployed people were required to go through a credit check when applying for a job. The survey also found that one in ten people were denied employment due to information on their credit report. The survey was conducted on 1,000 low and middle-income households. Most people believe credit checks are only required when applying for senior level positions; however, the study found that credit checks are commonly used for entry-level or low-paying positions as well. It is likely that some workers denied a position due to their credit score have errors on their report. According to the Federal Trade Commission, one in five consumers has an error on their credit report.

Demos also surveyed the reason for bad credit and found that two common factors for bad credit scores are unemployment and the loss of health insurance. The report attributes many of those with bad credit to poor misfortune and a suffering economy and says little of how these people would perform at work. The survey also found that minorities are affected more by these credit checks than white households. African-American households had an average unemployment rate of 14% at the end of 2012 and Hispanic households had an average of 10%. These are much higher than white households, which were at 6% at the end of 2012, according to the Economic Policy Institute.

To read more on this story visit: http://money.cnn.com/2013/03/04/pf/employer-credit-checks/index.html

Bankruptcy Law, Credit, Timothy Kingcade Posts

9 Ways to Teach Your Teenager About Money

Posted on March 11, 2013by Admin

One of the most valuable lessons you can teach your teenager is financial responsibility. Some schools across the country have installed financial literacy programs in their curricula, but many have not. Below are nine ways to teach your teenager about money management at home.

1. Start with a game. Websites such as PracticalMoneySkills.com and Learn4Good.com have games that can teach your teenager how to manage money. On Learn4Good.com, games such as “Record Shop Tycoon” or “Burger Restaurant” will teach your teen how to run a business. On PracticalMoneySkills.com, the “Financial Football” game consists of Q&A’s where a correct answer will allow the player to move on the football field.

2. Start a monthly budget. If you allow your teen a monthly allowance, it will teach them how to budget and save when they want something expensive. However, you should be prepared to say no if they spend all of their money in the first week.

3. Pay your teen to save. You should start a savings account for your teen and teach them to put 10 percent of their allowance, paycheck and gift money they receive in the account. You should offer to match their savings amount as an incentive for them to choose to save. It will be good practice if you have your teens do the research themselves to find an account with the lowest fees and highest interest rates.

4. Give them a clothing allowance. Each season or school term, provide your teen with a clothing allowance. Place the budgeted amount on a prepaid debit card to give your teen the power to figure out how to spend their clothing allowance effectively.

5. Take them to thrift shops. Teach your teens to appreciate vintage clothing for both style and savings. Thrift stores can also be great for gifts, books and DVDs.

6. Give them budgeting projects. If you are planning a vacation, ask your teen to research a hotel, travel expenses and activities to do while you are there. You can give them a budget and let them map out the vacation.

7. Encourage them to get a job. Once your teen turns 16 (or the legal working age in your state) encourage them to get a part-time job. Before their first paycheck arrives, help them plan to save a part of their paycheck. You should also help them determine where the rest of the check will go, such as towards car insurance or a cell phone bill.

8. Talk about college financing. As your teen nears high school graduation, talk to them about the average cost of college and your plans and expectations for financing their education.

9. Teach them about identity theft. Warn your teen about the dangers of identity theft when it comes to things such as online shopping. Teach them the importance of safeguarding their Social Security number, name and bank account information.

To read more on this story visit: http://www.dailyfinance.com/2013/03/05/financial-literacy-teen-money-education/

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced 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, P.A. at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Community College Grads Out-Earn Bachelor’s Degree Holders

Posted on March 8, 2013by Admin

A recent study conducted by Georgetown University’s Center on Education and the Workforce showed that nearly 30% of college grads with associate’s degrees make more money than those with bachelor’s degrees. In several states, community college graduates make more, right out of school, than graduates of four-year universities. For example, community college graduates in Tennessee make an average annual income of $38,948. This is approximately $1,300 more than the average salaries for graduates of four-year institutions. The Georgetown Center estimated that approximately 29 million current jobs paying middle class wages require only an associate’s degree.

Most college grads with bachelor’s degrees eventually catch up to community college grads in earnings by mid-career; however, another factor to consider is that four-year degrees are more expensive than two-year degrees. The increase in wages for community college grads is attributed to a recent high demand for people with “middle-skills,” such as: radiologists, lab technicians, paralegals and machinists. According to CareerBuilder.com, air traffic controllers can make $113,547, radiation therapists can make $76,627 and registered nurses can make $65,853, all of which are two-year community college degrees.