Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

10 Factors that Make You ‘Unmortgageable’

Posted on February 21, 2013by Admin

Nearly one-fourth of those who apply for a home loan are denied, according to the Federal Reserve. As a result of the Housing Crisis, it has become extremely difficult for borrowers to obtain mortgages. Below are ten factors that can put your mortgage hunt in jeopardy:

1. You are self-employed. If you are self-employed, two major issues arise when you are trying to obtain a mortgage. The first is that the income you earn from your business can be very unsteady. These fluctuations make you appear to be a risk to lenders. The second issue is that documenting small business income is more difficult and most lenders require two years of proof of income to qualify for a mortgage.

2. You have a subpar credit score. The average U.S. credit score is now 750. This is up from the 720-average a few years ago. You can get a mortgage with a score under 620, however the rates and fees will be very high.

3. You do not have enough money for a down payment. Lenders are now requiring that borrowers put a substantial amount more down, than before the housing crisis. If you do not have enough to put down, you may look too risky to lenders. Some down payments are as high as 15% to 20%; however, if you qualify for an FHA loan you may only need to put between 3.5% and 5% down.

4. You are new to the housing market. Many lenders now require borrowers to have at least a two-year housing history. However, this can include verifiable rent payments. If you are a recent college graduate, a rental history may not be an issue to your lender.

5. You are a new employee. Many lenders require borrowers to provide a two-year employment history in the same field of work before they will issue a loan. This is the result of the high unemployment rates over the past few years.

6. Your annual income is too low. If your monthly debt payments make up 45% of your gross monthly income, most lenders will see you as a risk. Any extra debt will decrease the likelihood that you will qualify for a loan.

7. You have applied too often. Contacting too many lenders can dictate the outcome of your qualification for a mortgage loan. Numerous loan applications can pull down a credit score. However, if you have applied within a week or two of each other, these inquiries should not affect your score.

8. You have too much debt. Lenders add up all of your debt including: auto payments, credit cards, student loans, etc. If your debt is substantial, many lenders will deny your mortgage application. Even if your student loans are in deferment, those balances are not always removed from your debt-to-income ratio.

9. You just made another major purchase. Beware of large purchases if you are planning to purchase a home within the next few months. If you have recently purchased a car, this can impact the likelihood that you will be approved for the mortgage.

10. You picked the wrong bank. The bank you choose as your lender can affect whether or not you get the mortgage. Larger banks will likely scrutinize you more than smaller, local banks.

To read more on this story visit: http://realestate.msn.com/-what-makes-you-unmortgageable#1

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 Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

12 Tax Breaks You Have Never Heard Of

Posted on February 20, 2013by Admin

Many Americans pay more in taxes than they are required, simply because they are unaware of the approximately 200 tax breaks in the system. The Government Accountability Office estimated that as many as two million taxpayers overpay by not itemizing their deductions. Many breaks target tiny constituencies and specific companies.

Here are 12 little known deductions and credits that you may not know about:

1. Charity Donations from your IRA: The early January fiscal cliff deal resuscitated an expired provision that allows people ages 70 ½ and older to donate up to $100,000 from their IRA to a qualified charity without paying taxes on the transfer.

2. Your Child’s Tuition or Medical Care: Parents or grandparents can pass along up to $5.12 million to their children or grandchildren over the course of their lifetime, (or $14,000) per year without incurring an inheritance tax. If parents want to give even more than that, they can get around those limits by paying for their children’s education or medical expenses.

3. Fostering a Pet: Foster pet owners can deduct expenses such as food, litter, vet bills, paper towels, etc. while waiting for the foster pet to be placed in a permanent home. Foster pet owners can even deduct mileage to the vet, in some cases.

4. Alternative Medical Treatments: The IRS allows alternative medicine including acupuncture, vitamins, herbal supplements and Christian Science to be deducted as medical care. Deductions extend to alternative forms of treatment as long as a medical practitioner prescribes them.

5. Private Mortgage Insurance: Another provision revived by the Fiscal Cliff deal allows taxpayers to deduct their premiums for private mortgage insurance. Many homeowners are unaware of this deduction, which can run from $50 to $220 a month on a loan of $250,000.

6. Moving Away for your First Job: One deduction that helps recent graduates is the one that allows you to deduct moving costs for your first full-time job. If you move at least 50 miles away from your old home, with at least 39 weeks of full-time work during your first year at a new employer, you qualify for this deduction.

7. Driving for Charity: If you do any driving related to charity work, it is deductible at 14 cents per mile. This deduction includes parking costs, along with other out-of-pocket expenses you incur during charity work.

8. Retirement Investments: Taxpayers with limited incomes can get a deduction and a tax credit for putting away money in retirement plans. Most who invest in a plan such as an IRA receive a deduction, however approximately 57 million households also qualify for a Savers Credit.

9. Whale Hunting with Alaskan Natives: Boat captains involved in subsistence hunting of endangered bowhead whales in Alaska can deduct up to $10,000 of their expenses. In order to qualify for this deduction, you must be hunting to provide food or materials for your family.

10. Stock Donations to Charity: If you donate stock rather than cash, you can receive a larger deduction on your donation. If you donate stock that has appreciated in value, you can write off the fair-market value and avoid the capital-gains tax on the stock sale.

11. Work Overseas: If you have worked overseas, the first $95,100 of your income is excluded from U.S. taxes. This deduction recognizes no distinction between low-tax and high-tax countries.

12. Harvest Your Investment Losses: If you sell an investment at a loss, such as a mutual fund, you can use the loss to offset either capital gains on other investments or their regular taxable income. Losses that you do not use now can be carried forward to offset gains future tax years.

To read more on this story visit: http://money.msn.com/taxes/12-tax-breaks-youve-never-heard-of

If you have any questions on this topic or 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.

Credit, Foreclosures, Timothy Kingcade Posts

Foreclosure Filings in January Fall to Lowest Level Since 2007

Posted on February 19, 2013by Admin

Foreclosure filings in January 2013 fell to its lowest level since April of 2007. According to RealtyTrac, notices of default, scheduled auctions, bank repossessions and other filings fell to 150,864. Altogether, these account for a 7% decline from December 2012 and a 28% decline from January 2012. New foreclosure filings have fallen to the lowest level since June 2006. According to RealtyTrac spokesman, Daren Blomquist, the peak of the foreclosure crisis has passed. Blomquist said that improvements are likely to be made throughout the rest of the year and by this time next year he expects to see pre-crisis numbers.

A major contributor to the decline in foreclosures is the result of new state regulations that took effect in California on January 1st. California led the nation in foreclosures through most of the housing crisis. During January, Florida surpassed California as the state with the most foreclosures. The Homeowner Bill of Rights went into effect in California on January 1st that helped protect its borrowers from foreclosure. According to the Bill, mortgage servicers must freeze all foreclosure proceedings once a borrower applies for a mortgage modification. The Bill also includes a $7,500 fine for servicers if they record and file multiple unverified documents in foreclosure proceedings.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Coral Gables Apartment Board President Turns Building into a Prison

Posted on February 18, 2013by Admin

According to residents, the beautiful Coral Gables Apartment building, Waters Edge, has turned into a prison since the new board president took over last year. Jim Lowe was elected in April of 2012. The residents say that he harasses everyone. Lowe reportedly snaps pictures of supposed offenses and charges residents with substantial fees. In some cases, Lowe files lawsuits over funds owed by residents. In one case, Lowe charged a single mother of two a $1,000 fee for leaving her metal screen door open. In another instance with the same mother of two, he snapped a picture of her in the lobby eating a salad. He then proceeded to send her a copy of the photo with a note that said, “Not Allowed.”

According to Lowe, he is simply enforcing the condo’s long-standing rules. He claims that had he not stepped in, the apartment building would be broke by August. Lowe said that since his election, Waters Edge is now ahead on their bills and has new elevators and security cameras. Lowe admits that his style is abrasive but that he is saving the building hundreds of thousands of dollars, as a result.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Debt Collection Horror Stories: Beware of Illegal Practices

Posted on February 15, 2013by Admin

According to the Fair Debt Collection Practices Act, debt collectors are prohibited from threatening violence, using profanity, calling incessantly, inflating a debt or impersonating an attorney. However, the Act has not yet put a stop to illegal harassment. In fact, debt collection companies have used some outrageous practices to collect on debts.

Below are some of the latest outrageous allegations of abuse:

• Threatening to take away children. The Federal Trade Commission (FTC) shut down a debt collector in Texas for using abusive scare tactics to force people to pay off their debts. Consumers reported the company threatening to take away their children, send them to jail or send the sheriff’s department to their job site.
• Posing as an attorney. Some debt collectors have been allegedly calling debtors and posing as an attorney or a representative from a law firm in order to scare them into paying off their debts. In some cases, the attorney imposters have even charged unauthorized attorney’s fees known as “juice.”
• Threatening to dig up dead bodies. According to the FTC, the debt collection agency, Rumson, Bolling & Associates was accused of threatening to dig up deceased children of other debtors and drop them at their doors if they did not pay funeral bills.
• Threatening to hurt pets. Rumson, Bolling & Associates was also accused of threatening to kill a debtor’s dog in one report.
• Collecting debt owed to other companies. The FTC has also reported a new scheme where scam artists are stealing customer information and trying to collect on debts owed to another company. In some cases, scammers are trying to collect on debt that has already been paid.

To read more on this story visit: http://money.cnn.com/2013/02/06/pf/debt-collection/index.html

Consumers who have been victims of threatening debt collection practices may want to consider taking legal action. Even in cases where consumers owe money – there are certain actions debt collectors can and cannot take in contacting debtors, which are guided by state and federal law. The Fair Debt Collections Practices Act, the Fair Credit Reporting Act and the Telephone Consumer Protection Act restrict debt collectors on when and how they can contact debtors. For example, these regulations protect calls to telephones and cell phones, calling at certain times of day, repeated or threatening calls and calls to non-debtors (such as the debtor’s family or colleagues).

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Slow Hiring – The Reason for Many Jobless Claims

Posted on February 14, 2013by Admin

Last week, unemployment claims fell slightly. However, jobless claims seem to be driven by slow hiring. According to the Labor Department, first-time jobless claims fell last week to 366,000 from 371,000 the previous week. First-time jobless claims are extremely important to the economy because they are considered a proxy for layoffs. Over the last month, jobless claims have bounced around, making the state of the job market recovery unclear to economists.

January’s early jobless claims plummeted to a five-year low, but have shot back up in the past few weeks. Currently they are hovering in the same range they have been for most of the last year, between 350,000 – 400,000 per week. According to an economist at BMO Capital Markets, businesses are still extremely cautious about hiring new employees. The Labor Department also records people who file continuing unemployment claims. During the week ending January 26th, 3.2 million people filed continuing unemployment claims.

To read more on this story visit: http://money.cnn.com/2013/02/07/news/economy/unemployment-benefits/index.html

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

Nearly Half of South Florida’s Children Living in Poverty

Posted on February 13, 2013by Admin

A recent study done by the U.S. Census Bureau suggested that 44 percent of South Florida’s children are living in poverty. The study consisted of Broward, Palm Beach and Miami-Dade counties and showed that more than half a million children under the age of 18 live in low-income households. According to the National Center for Children in Poverty at Columbia University, a single mother with one child that makes an annual income of $30,260 or less is considered a low-income household.

South Florida was one of the hardest hit areas in the country during the recession. The median household income fell 14 percent in five years, according to Census data. The median household income in Broward and Palm Beach counties fell to approximately $48,900 in 2011. Also, the number of people on food stamps in Broward and Palm Beach counties has almost tripled since 2007. Families in South Florida have reportedly cut $10,000 out of their budget in the past two years. Younger parents have been hit the hardest since they typically earn less than older parents. South Florida’s poverty rates are consistent with the nation’s average, because approximately 45 percent of children under the age of 18, nationwide, are living in low-income households.

Bankruptcy Law, Timothy Kingcade Posts

U.S. Postal Service to Stop Saturday Deliveries – How it Will Affect You

Posted on February 12, 2013by Admin

The U.S. Postal Service announced last Wednesday that it would stop delivering letters on Saturdays, effective August 5, 2013. The Postal Service will still deliver packages on Saturdays and post office locations will remain open. However, mail in the form of letters will not be delivered to home addresses. Also, letters delivered to post office locations will no longer be processed on Saturdays.

Consumers will be urged to be more careful about paying their bills, if they typically pay them via mail. Credit card issuers have to set a payment deadline at least 21 days from the time they mail the cardholder’s statements. The new Postal Service hours might mean that consumers receive their statements two days later and must send in their payments two days earlier. Only approximately 23% of bill payments are made with a check according to a research firm called Fiserv. However, this percentage still accounts for billions of checks.

Credit, Foreclosures, Timothy Kingcade Posts

8 Ways the Housing Market has changed in 2013

Posted on February 11, 2013by Admin

There have been many changes – both good and bad – to the housing market in the last six months. New issues, rules and opportunities have surfaced that will affect everyone who is selling, buying or staying in their homes in 2013. Below are some of biggest changes industry experts have seen:

1. Home prices are on the rise. The housing market recovery has helped to improve the economy with lower interest rates and an increase in buyer demand. As a result, home prices are on the rise. The national median home price increased 10.1% in November 2012, compared to November 2011. Gains during 2013 are expected to continue at a more modest rate.

2. Interest rates are up. During 2012 interest rates declined, sometimes at record-low rates. This year, interest rates are expected to rise slightly. The Federal Housing Administration (FHA) increased its one-time upfront mortgage insurance premium for minimum down-payment loans and will likely increase those premiums again this year.

3. Inventory is down. At the end of November 2012, inventory of existing homes for sale was down 3.8%, which is a 4.8-month supply at the current sales pace. Listed inventory is down 22.5% from one year ago, when there was a 7.1-month supply. Although, an increase in inventory is often a good sign, prices have not increased enough to enable homeowners to sell and recuperate.

4. New mortgage rule to protect buyers from risky mortgages. The Consumer Financial Protection Bureau (CFPB) announced a new rule to protect borrowers from risky mortgages. The rule is known as the Ability to Repay Rule and will take full-effect in January 2014, however most lenders will put the rule into practice this year.

5. Home-equity loans will make a comeback. Home-equity loan rates were down along with mortgage rates for most of 2012. Now that home prices are stabilizing, experts expect to see lenders competing for home-equity loan business. The average rate on a fixed-rate home-equity loan fell to 6% in January, after being as high as 8.5% during the financial crisis in 2009.

6. A drop in foreclosure sales. Due to the housing market crash, foreclosure sales quickly skyrocketed. After the $25 billion deal made in February of 2012 between 49 states and the five largest banks, lenders are looking for ways to help distressed homeowners stay in their homes. Another reason for the drop in foreclosure sales is due to lenders selling off repossessed homes to investors, rather than individual buyers.

7. Home construction will increase this year. An increase in demand for homes will pave the way for home construction in 2013. Applicants for building permits for new single-family homes were up during most of the fourth quarter of 2012. An increase in hiring by builders and record-low interest rates suggested a modest growth in home construction.

8. A suffering luxury market. Luxury homeowners raced to put their homes on the market in November of last year causing a 51% surge of million-dollar home sales. The surge was an attempt to avoid the capital-gains tax hikes in January that were a part of the fiscal-cliff deal. As a result, experts expect a decrease in luxury-home sales during the first part of 2013.

To read more on this story visit: http://realestate.msn.com/8-ways-the-housing-market-has-changed-for-2013

Foreclosures, Timothy Kingcade Posts

Abacus Federal Savings Bank Charged with Mortgage Fraud

Posted on February 8, 2013by Admin

Abacus Federal Reserve Bank is a smaller bank that caters mostly to Chinese immigrants in New York. In May of last year, the Manhattan district attorney’s office charged the bank and 19 former employees with mortgage fraud. District Attorney Cyrus Vance stated that, “Mortgage fraud became institutionalized at Abacus Bank.” The bank sold many of its loans to Fannie Mae, taking the proceeds from the sales and then lending them back out to earn additional interest. Fannie Mae bundled the mortgages into securities and sold them to investors. Abacus Bank also lied about applicants to ensure they would meet Fannie Mae’s income requirements. Between 2005 and 2010, the bank sold hundreds of millions in fraudulent mortgages to Fannie Mae while gaining millions of dollars in commissions and fees.

District Attorney Vance said that Abacus Bank’s fraudulent actions epitomize the behavior that caused the housing bubble to burst. The fraud analytics firm, Interthinx, estimated there were between $1 trillion and $4.8 trillion in fraudulent mortgages issued nationwide between 2005 and 2007. There have been a few civil suits against larger banks such as Bank of America and JPMorgan Chase, however Abacus is the first and only bank to be criminally indicted for mortgage fraud. Some analysts believe the government is sending a message to Wall Street with the indictment. However, Abacus Bank is an odd choice to use as an example considering few people outside the Chinese-American community have ever heard of the bank.