A bill to speed up the foreclosure process is on the fast track to becoming a law in the State of Florida. So far, the majority seem to be in support of the bill. However, many Florida attorneys and government officials see several problems if the bill becomes a law. The bill is intended to speed up the foreclosure process for homes that have been abandoned or in cases which the defendant is unable to prove a legitimate reason they should not lose their home in a “show cause” hearing. If the individual is unable to prove his or her case, the bill will allow the lienholder to immediately file a judgment of foreclosure on the home.
Another way the bill would change the foreclosure process is that banks will no longer be able to file a deficiency judgment for more than one year. A deficiency judgment is how much debt is still left after the property is resold. Currently, banks may file a deficiency judgment for up to five years.
Critics of the bill see a problem due to the fact that Florida courts have always ruled that when homeowners are absent from their homes, the homes are not considered “abandoned.” Another criticism with the bill is that homeowners who lost their homes due to fraudulent foreclosure practices are only able to receive monetary compensation and have no chance of repossessing their homes. However, the most substantial problem with the bill, deals with the “show cause” hearing. Attorneys say that it is difficult to prove a defendant’s case because there is typically very little time and that most initial court documents filed are false, but it is impossible to tell they are false.
If the bill is passed, it will go into effect July 1, 2012. The law will apply to any future and current foreclosures that are making their way through the system.
To read more on this story visit: http://www.palmbeachpost.com/money/foreclosures/bill-to-streamline-foreclosures-moves-one-step-closer-2203415.html
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.
“Dirty Dozen” of 2011
Every year the Internal Revenue Service (IRS) issues a list called the “Dirty Dozen.” The “Dirty Dozen” consists of the twelve most commonly used tax scams and fraudulent tax crimes of the previous year. The IRS urges all taxpayers to use caution, due to this being the most prevalent time these scams are carried out.
Below is a list and short description of each scam.
• Identity Theft is the most common tax scam and due to evolving technology, it is quickly becoming the most complex scam for the IRS to track. Thieves are collecting personal and financial information, then proceeding to file and collect tax refunds. The IRS was able to protect $1.4 billion from being wrongfully issued in 2011, in various identity theft schemes. If a taxpayer is issued a statement that more than one return has been filed, this is a red flag and the taxpayer should contact the IRS immediately.
• Phishing is a scam that is typically carried out by the use of a fictitious e-mail account. The scam artist will create an email address that will trick taxpayers into disclosing their personal and financial information, and then use this information to collect tax refunds in their name. In some cases, the scam will claim to be the IRS or an affiliate in need of personal information. Taxpayers should be aware that the IRS would never initially approach anyone through e-mail. Such e-mails should immediately be reported to the IRS at phishing@irs.gov.
• Return Preparer Fraud is a commonly used tax scam. Many taxpayers use a preparer to file their tax returns and some are scammed out of their refunds due to return preparer fraud. Two common ways preparer fraud is committed is by “skimming off” the refunds belonging to taxpayers and also some preparers charge inflated fees. Starting in 2012 there is a requirement for any preparer to enter an identification number before filing another persons’ tax return, to try to reduce the potential for fraud.
• Hiding Offshore Income is a way many wealthy Americans have gotten away with tax evasion. Americans hide a large portion of their income in offshore accounts and use mostly wire transfers to access their money. Those who commit tax evasion by hiding income offshore can be charged fines and penalties and can be criminally prosecuted by the federal government. In 2009 due to the Offshore Voluntary Disclosure Program, about 30,000 Americans came forward and cleared themselves of their tax evasions.
• “Free Money” scams are typically targeted towards the lower income sector of taxpayers and the elderly. Scam artists approach taxpayers with hopes of free money due to refunds from their social security checks. These individuals are then scammed out of their own money for the services to submit these refunds, when their claims are ultimately rejected.
• Inflated Income and Expenses are another tax scam where taxpayers claim income that was not earned or they inflated the actual amount of income in order to collect a larger sum in their refund. In other cases, taxpayers falsely claim expenses to collect a refund on them.
• False Refund Forms such as a 1099 are typically filed to justify a false refund. Many taxpayers are under the impression that the government has a secret account to issue refunds for U.S. citizens if these forms are filed. This can ultimately result in penalties and criminal prosecution.
• Frivolous Arguments is a type of scheme taxpayers who owe the government large sums of money typically try to use in their court cases. Taxpayers are allowed to contest their tax obligations, but the use of false or unreasonable claims in court can result in cases being thrown out.
• Falsely Claiming Zero Wages is a tax scam used to reduce the amount of taxes the taxpayer owes.
• Abuse of Charitable Organizations and Deductions is another scam where certain organizations claim donations of a non-cash asset at an over-valued price to ultimately collect on it.
• Disguised Corporate Ownership is a scam conducted by the formation of a third party to try and hide the ownership of the corporation. These entities are used to hide assets, income and report false deductions. Many are also used to enable money laundering.
• Misuses of Trusts are a way to evade taxes by promising a reduction of income that would be subject to tax. Some of the uses are legal however many times the IRS has found that many use this to hide assets.
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. 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 at www.miamibankruptcy.com.
Congress not likely to Renew Mortgage Forgiveness Debt Relief Act- Underwater Homeowners need to Act Fast
In October of 2007, Congress passed the Mortgage Forgiveness Debt Relief Act to help underwater homeowners who were struggling to pay their mortgages. In most cases, any debt you have been relieved of by your creditors should be listed on your taxes as income, which means the taxpayer would owe on this amount. Due to the housing bubble burst and the resulting real estate crisis, this Act was passed to allow taxpayers to be forgiven of this amount.
This tax relief applies to debt forgiven in calendar years 2007 through 2012. The debt must have been used to buy, build or substantially improve the homeowner’s principal residence and must have been secured by that residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, may also qualify for the relief.
It is important that underwater homeowners act fast to take advantage of this important tax break, as foreclosure and short sale proceedings can take up to a year to process.
Due to the $2.7 billion this has cost the government in only two years, many believe it is unlikely that this Act will be renewed at the end of its term in December of 2012.
To read more on this story visit: http://www.allgov.com/Top_Stories/ViewNews/Congress_May_End_Program_Allowing_Tax_Relief_for_Mortgage_Modifiers_120225
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.
Californians Fear Medical Debt Resulting in the Hesitation to Seek Proper Health Care
A study recently conducted by researchers at UCLA showed that California residents are not seeking medical care due to a lack of health insurance. A shocking 50 percent of adults who are uninsured claimed they did not see a doctor one time last year. On the contrary, 92 percent of insured adults did visit a doctor’s office last year. Children with parents who are uninsured are also lacking proper medical care because an even lower 40 percent visited a doctor last year, while 87 percent who were covered under their parent’s medical insurance did seek medical care during the last year.
Medical debt throughout the nation is at an all-time high. Therefore, it is suggested to be the reason the uninsured population is hesitating to seek medical care. Even those in California who have medical insurance, but limited coverage show high rates of medical debt. The study showed that of the non-elderly population in California, 2.6 million uninsured are struggling with medical debt. The rate of unemployment in California is at an extremely high level and is not expected to lower any time soon. Those individuals struggling with extreme debt as a result of their medical bills have been forced to consider filing Chapter 7 bankruptcy as a solution.
To read more on this story visit: http://www.chapter7.com/job-cuts-leave-californians-facing-record-levels-of-medical-debt/
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. 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 at www.miamibankruptcy.com.
Charges filed Against ‘American Credit Crunchers,’ a Fraudulent Debt Collection Company that Scammed Millions from Consumers
The Federal Trade Commission recently filed a lawsuit against American Credit Crunchers, a fraudulent debt collection company that reportedly collected more than $5 million in debt that was never owed by consumers. The company used a call center in India, where callers threatened legal action and utilized other intimidation methods to scam people into paying debt they did not actually owe. The company collected personal information from each individual they contacted to make the scheme appear more legitimate. It was reported that during the course of the scam, the company contacted more than 8 million people during an 8-month period of time.
The company zeroed in on those who were struggling financially, and would be more likely to fall for the scam. In many cases, the collectors posed as federal officers from the “Federal Department of Crime and Prevention,” which does not actually exist. Like many cases, JanLaree DeJulius, was conned into believing she was in debt due to a loan her ex-husband had taken out, but already paid off. DeJulius was told federal officers would arrest her at her place of work if she did not pay the amount immediately. The fictitious company has since shut down its operations and taken down their website. Charges have also been filed against a company affiliated with American Credit Crunchers called Ebeeze and the owner of both companies, Varang K. Thaker.
To read more on this story visit: http://www.sun-sentinel.com/business/careers/la-fi-phantom-debt-collection-20120222,0,3451588.story
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. 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 at www.miamibankruptcy.com.
Equifax Reports Good News for 2011
In 2011, Equifax reported that of the 585 million consumers and 81 million businesses, Americans’ delinquency debt rates were significantly declining in all areas but one- student loan repayments, which were at an increase of 1%. This is good news for the US economy, meaning that there is a decline in the amount of past due credit payments. Not only that, but there is also an increase in the number of credit cards issued by lenders to subprime borrowers (borrowers with credit scores below 660). In October of 2008, overall consumer debt was at its peak of $12.4 trillion. In October 2011, there was an 11% decline.
During 2011:
• Bank Credit Card payments 60+ days past due declined by 29%
• Auto Finance payments 60+ days past due declined by 19%
• Auto Bank payments 60+ days past due declined by 23%
• Consumer finance 60+ days past due declined by 23%
• First Mortgage payments 30+ days past due declined by 13%
• Home Equity payments 30+ days past due declined by 10%
• Retail Credit Card payments 60+ days past due declined by 15%
To read more on this story visit: http://www.marketwatch.com/story/us-consumers-paid-down-debt-on-time-in-2011-equifax-reports-2012-01-30?reflink=MW_news_stmp
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. 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 at www.miamibankruptcy.com.
Americans Preference to Borrow Rather than Save has Triggered Extreme Debt
Before consumer and housing credit became so readily available in the 1980’s and 1990’s, Americans savings percentages were at economically healthy levels, averaging between 7 and 11 percent. But after the 1986 tax reform, home equity loans became tax deductible, which provided a greater incentive for Americans to borrow. From 1990-2005, housing prices were at extremely high rates, causing more Americans to borrow than ever before, and savings percentages dropped.
After the Housing Market Crash of 2008, Americans found themselves with extremely high mortgage payments, little to no value on their homes, and next to nothing in savings. A couple of years after the Housing Market Crash, Americans slowly began to save more for fear of ending up in extreme debt or possibly losing their homes to foreclosure.
America has the lowest rate of savings of any of the first world countries. Some experts believe this is due to the America’s middle class extreme expenditures on healthcare and education, and a lack of policies insisting on financial education. Many European countries have state institutions that advise people who are borrowing money, before they get into trouble with debt. Another policy America has yet to establish is a policy that would intervene before people become “over-indebted.”
Some experts believe that in order to create a “cultural shift” and create a more financially stable economy, America must pass a federal law that would bring financial education into every education system in the country. The idea is to help young Americans understand the financial risks of borrowing and the different types of credit available to them.
To read more on this story visit: http://globalpublicsquare.blogs.cnn.com/2012/02/16/why-america-spends-while-the-world-saves/
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. 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 at www.miamibankruptcy.com.
Debt Collectors are now Being Held Responsible for Harassing Debtors
The Federal Trade Commission is giving debt collection agencies a dose of their own medicine in terms of harassment. The FTC is taking strong steps forward to hold these agencies responsible for harassing debtors. In 2010, a reported 140,036 claims of harassment were filed, which was not only the largest in history, but a 20,000 increase from the previous year. The collection agencies are not only in trouble with the FTC for harassment, but also for failure to notify the debtor of their outstanding debt in writing and also for “misinterpreting” the debt.
Many cases such as the one filed by an 85 year-old in Oregon are surfacing and becoming national news. Anne Sessions is suing Wells Fargo Bank for harassment after she was falsely turned in by a debt collector for being in danger of committing suicide. After Sessions was taken into custody by the police and sent to a mental health institute, she was observed and later released due to the fact she was found to be of no danger to herself or anyone else.
Sessions is now suing in hopes to receive compensation for her $1,055 medical bill from the mental health facility. She is also suing for $250,000 in punitive damages. Sessions claims that she made the remark to the debt collector that some people must want to commit suicide from the harassment of the company, and later was drilled with questions by the debt collector such as, “If you did commit suicide, how would you do it?”
To read more on this story visit: http://www.bankruptcyhome.com/bankruptcyblog/2012/02/13/harassment-goes-too-far-in-debt-collection-efforts/
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.
Recent Audit uncovers Extensive Legal Violations and Flaws still Evident in the Foreclosure System
According to a recent report, an audit revealed legal violations and suspicious documentation of approximately 400 foreclosures in San Francisco. The report, compiled by Aequitas Compliance Solutions examined files of properties subject to foreclosure sales from January 2009 to November 2011. Among the legal violations uncovered in the analysis were cases where the loan servicer did not provide borrowers with a notice of default before beginning the eviction process.
The report comes just days after the $26 billion settlement over foreclosure improprieties between five major banks and 49 state attorneys general, including California’s. The report findings raise questions as to whether some foreclosures should be considered void. The audit also raises questions about the accuracy of information recorded in the Mortgage Electronic Registry System, or MERS, which was set up in 1995 by Fannie Mae, Freddie Mac and other major lenders. The report found that 58 percent of loans listed in the MERS database showed different owners than were reflected in other public documents like those filed with the county recorder’s office.
To read more on the story, visit: http://www.nytimes.com/2012/02/16/business/california-audit-finds-broad-irregularities-in-foreclosures.html?_r=2&emc=tnt&tntemail1=y
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.
Florida Benefits $8.4 Billion from Nationwide Mortgage Settlement
Last Thursday, President Obama along with other government officials announced a $26 billion mortgage plan to help underwater homeowners and those struggling to make their mortgage payments get back on their feet. The five largest mortgage lending banks will pay out appropriated amounts to the government. That money will then be distributed to the states that have been impacted the most by the housing market crash.
Florida will receive $8.4 billion, the largest payout of the settlement. The payout is intended to help all homeowners, not just those who are underwater on their mortgages and behind on payments. The terms of how the majority of the money will be distributed has been released. However, there is still some deliberation for the remainder of the payout.
• $7.6 billion will be used to aid homeowners who are currently in financial crisis and who are underwater on their mortgages.
• $170 million of the payout will be turned into cash payments for those Floridians who have lost their homes due to foreclosure malpractice from their lenders the past three years. The average cash payout is expected to be approximately $2,000 for each individual homeowner.
• $308 million will go to programs for homeowners who are current on their loan payments, but have higher interest rates due to the housing crisis.
• $350 million will go directly to the State of Florida for currently undisclosed purposes.
Although this will be a huge relief for homeowners in the State of Florida, there is still much criticism of Florida Attorney General Pam Bondi, for a lack of assertion that Florida deserves more than the $8.4 billion payout.
To read more on this story visit: http://articles.orlandosentinel.com/2012-02-09/business/os-nationwide-mortgage-settlement-20120209_1_underwater-homeowners-settlement-mortgage-payments
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.