Every state has different laws on foreclosure. In the State of Florida, you have only twenty (20) days to respond to a foreclosure notice. That is why it is imperative that you hire an experienced attorney that can help save your home or at least allow you to reside in it for another year if necessary.
Almost all mortgages in the State of Florida have the right of “reinstatement.” This means that, if at any time during the foreclosure litigation process the borrower comes up with the money for the late payments or can make a deal with the bank to cure late payments, legally the bank must dismiss the foreclosure action.
Today, many homeowners are unable to meet their monthly mortgage payments as low introductory rates (sub-prime) turn into the regular monthly interest rate (primary). As a result of the housing market crashing, many properties are no longer worth their original costs, leaving homeowners stuck with homes worth less than their actual mortgages. These have been labeled “underwater” homeowners. More than 15 million people are lumped into this category.
To turn things around, President Obama and financial delegates have come up with a foreclosure rescue plan to help the unemployed and “underwater” homeowners remain where they are and help stabilize the real estate market. The plan is to reduce the principal, rather than reduce interest payments or give other forms of aid. Mortgage payments will be cut to no more than 31% of monthly income for 3 to 6 months. Mortgages will also be reduced to reflect the current property values. Then the homes will be refinanced into the Federal Housing Administration (FHA).
The requirements to qualify for Obama’s Mortgage Rescue Plan include:
-Having secured your mortgage by January 1, 2009
-Having a primary mortgage of less than $729,500
-Must live on the property
-Must fully document income with tax returns and pay stubs
-Sign a financial hardship statement
-Go for credit counseling if total household debt totals more than 55 percent of income
Several issues have complicated the execution of this plan: namely, the cooperation between banks and investors. Because investors acquired most mortgages as security bundles during the housing boom, many are not willing to go lower. The banks and investors must agree and approve all loan restructurings for this plan to be successful.
To learn more about Obama’s Mortgage Rescue Plan, visit:
http://www.orlandosentinel.com/classified/realestate/foreclosure/orl-foreclosures-foreclosure-laws-story,0,5000373.story
http://www.neighborhoodlink.com/article/Homeowner/Obama_Loan_Mod_Plan_Explained
http://www.cnbc.com/id/2951098/New_Mortgage_Plan_Who_Qualifies_and_How_It_Works
http://www.washingtontimes.com/news/2010/mar/27/obama-foreclosure-plan-givesloan-break-jobless/
http://money.cnn.com/2010/03/25/news/economy/foreclosure_prevention_unemployed_underwater/index.htm
Many people feel extremely overwhelmed when they get sued for foreclosure–they move out of the house or sign the house over, not knowing that by hiring an attorney and fighting this action it is very possible to save the house, even without filing bankruptcy. 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.
-Timothy Kingcade
New Credit Card Laws Targeted to Protect the Consumer
After filing for bankruptcy, it’s important to remember that the day your case is closed is the day you can begin rebuilding your credit score, by adopting responsible spending habits, paying your bills on time and not applying for too much credit at once. You may think that living on a cash-only basis is a smart choice, but if you want to begin rebuilding your credit score fast, you have to take the plunge and allow yourself to open up new credit cards. A few recent laws have been enacted to protect the consumer and give you a better chance of attaining a good credit score.
On May 22, 2009 President Obama signed the Credit Card Accountability, Responsibility, and Disclosure Act to combat the unjust practices of credit card companies. This new law establishes principles necessary for consumers to get ahead, which include: bans on unfair rate increases and fee traps, plain, understandable language, accountability, and protection for students.
Additional Protections to the Consumer include:
- Consumers will no longer endure unfair and hidden spikes in interest rates.
- Consumers will have an adequate time period, at least 21 days, to pay a monthly bill.
- Deadlines, such as weekends and random monthly dates, are abolished.
- Institutions must receive the consumer’s permission when charging an account at its limit.
- Credit card companies must disclose account information in plain sight and plain language, i.e. how long it would take to pay off a balance and the total interest cost, if the minimum payment was made monthly.
- Credit card contracts are now made available online…keeping companies accountable for their terms and conditions.
- Consumer protection regulators must publish up-to-date findings and report misconduct.
As of August 22, 2010, the Federal Government is adding new rules to the Credit Card Act to create even more protection for consumers.
- Consumers can only be charge $25 in late fees, unless you have been late on payment in the past 6 months or the cost a credit card company acquires due to your tardiness justifies a higher fee.
- Late fees cannot be more than your minimum credit card payment
- No more inactivity fees, i.e. if you aren’t using your card, they cannot charge you
- No more double fees for single transactions.
- Explanation if they increase the APR.
However, even with the new laws, credit card companies continue imposing fees on consumers; labeling these “fees” by other names, now that more stringent laws are going into effect. The so-called “annual fee” is back. Companies will wave an annual fee if you purchase enough throughout the year; if not, the fee is tacked on, ultimately charging you for inactivity. Another fee to pop up is the foreign transaction fee. Anyone who has traveled abroad knows that card companies take a percentage for converting moneys. Now, regardless of what currency a transaction takes place in, if done overseas, they will charge you 2 to 3 percent. Cash advance fees are becoming larger. Additionally, companies are charging for paper statements. You can avoid this by paying your bills online.
To learn more about how to protect yourself from incurring hidden credit card fees, visit:
http://www.walletpop.com/blog/2010/07/21/the-latest-in-sneaky-credit-card-fees/
http://www.whitehouse.gov/the_press_office/Fact-Sheet-Reforms-to-Protect-American-Credit-Card-Holders/
http://www.federalreserve.gov/consumerinfo/wyntk_creditcardrules2.htm
If you have any questions on this topic, please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.com.
-Timothy Kingcade
Five Mistakes that can Ruin your Credit
Your credit score is one of the most vital parts of your financial life. Many people think that keeping your credit score in good standing is only important when it comes to being approved for a loan or credit card. However, it goes far beyond that. Your credit score can affect everything from insurance premiums to employment opportunities.
Below are a few mistakes that can cost you some major points:
1.) Closing old credit cards. It’s easy to assume that if you pay off your bills, cut up your credit cards and stop spending you will magically have good credit. However, good credit is built over time and with smart spending habits. When a credit report is run, points are given for the cards you have carried balances on the longest. Be strong and resist the urge to make large purchases on these cards, if you cannot afford to pay the balances off in full each month.
2.) Using up all your available credit. If a credit card company grants you a line of $5000, you should only use 20% of it. This would allow you to spend no more than $1000 on that particular card. Because the credit card companies report your balances to the credit bureaus monthly, you want the balances to be as low as possible. According to My Credit Group, the balance-to-limit ratio will ultimately have a huge effect on your credit score.
3.) Applying for too much credit. If you are filling out application after application because you are strapped for cash, keep in mind that credit card companies note all of these requests and consider them a red flag. Let there be 6 months between each credit card or loan application.
4.) Not paying late fees. When it comes to late fees, pay up. The longer you wait, the worse it looks on your credit report. Once you acquire a late fee charge, your inability to pay shows up on your credit report.
5.) Moving. Lastly, for those of you who are moving to a new location make sure you change your billing address immediately. Bills can become lost in the mail and even end up going to your old address. This can cause you to miss your payment due date, get stuck with late fees, and rack up additional charges. Paying all of your bills online can help avoid this.
Remember, it is possible to have a good credit score if you discipline yourself to spend wisely. Know your options when it comes to credit and use them to your advantage! For more information on ways to improve your credit score, visit www.mycreditgroup.com. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.
-Bankruptcy Attorney Timothy Kingcade
Florida Supreme Court Enacts New Law to Clean-up Foreclosure Filings, But many Attorneys continue to ignore it
In an attempt to clean up careless legal mistakes and incomplete documentation submitted by attorneys in foreclosure cases, the Florida Supreme Court recently enacted a new law that requires the attorney or bank filing a foreclosure to verify that the allegations and paperwork are accurate when a residential property is at stake. A majority of the paperwork filed up to this point has been submitted incomplete or with careless mistakes made, resulting in time and resources being wasted by the courts.
This issue is of particular importance in South Florida, where it seems many homeowners can’t seem to catch a break when it comes to foreclosures. According to recent numbers from RealtyTrac, foreclosures in South Florida have grown 71 percent in the first quarter compared to the same time frame in 2009. These continuing problems with the foreclosure process could affect the speed at which the housing market recovers, slowing the process of reselling properties and stabilizing the market.
However, a stand still has occurred recently in these cases. The attorneys of large foreclosure firms are choosing to ignore the ruling, claiming the decision from the Supreme Court states “not final,” while Florida judges and defense attorneys fight for the section of the decision that states “shall become effective immediately upon the release of this opinion”. Well, that opinion was released back in February.
The bottom line for South Florida homeowners, who are in the middle of this, is when a foreclosure is filed: Do NOT just hand over your property. Rather, make sure the bank or lender retaking your home has the proper paperwork to show for it. Finally, hire an experienced attorney. 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. Web site at www.miamibankruptcy.com.
To read more on this story go to:
http://www.heraldtribune.com/article/20100601/ARTICLE/6011046/0/NEWS?p=4&tc=pg
Jury Awards Man $1.5 M after Debt Collection Agency Leaves Harassing and Vulgar Voicemail Messages
The largest verdict of its kind was awarded to Texas resident, Allen Jones after he received a series of racist and vulgar voicemail messages from Advanced Call Center Technologies (ACT) in August of 2007. Advanced Call Center Technologies (ACT), a Pennsylvania debt collection agency began making these calls as early as 6:30 a.m. and would continue till 11:00 p.m. More egregious was the amount in question, which was a mere $200 that Jones had already paid in full. Eight messages were cited in the case and when brought to court the jury sided with Jones, awarding him $1.5 million in punitive damages, $143,000 in attorney’s fees, and $50,000 in mental anguish.
There are several rules and regulations when it comes to collecting debt: no calls before 8 a.m. and after 9 p.m. unless agreed, no false claims, no harassment, and no unfair practices. This verdict should come as a warning to debt collection agencies that are practicing corrupt collection practices. There are strict laws against this that protect the people.
To read more on the Allen Jones story go to :
http://www.aolnews.com/nation/article/vulgar-voice-mails-cost-debt-collection-agency-15-million/19500256
For more information on your rights as a consumer, visit:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
If you have any questions on the topic of bankruptcy or feel you have been a victim of corrupt collection practices please contact me, Bankruptcy Attorney Timothy Kingcade at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.com.
-Timothy Kingcade
Morality of Bankruptcy
Filing for bankruptcy has often been linked with a social stigma for many individuals, often causing those who are on the verge of filing, personal guilt, fear about the future, and morality struggles. But in fact, filing for bankruptcy can often be an economically wise choice for many Americans who have found themselves in financially overwhelming situations. A recent article in the Minneapolis Star-Tribune reported that over 60 percent of all Americans who file for bankruptcy have done so as a result of excessive medical bills. This comes as no surprise to anyone who has had difficulty qualifying for health insurance or was unable to afford their monthly premiums.
At my practice, I have seen a significant increase in the number of senior citizens filing for bankruptcy as a result of having to put their monthly prescriptions on credit cards. Many of these individuals are already on fixed financial budgets and Medicare/Medicaid applies only after a certain amount is covered out of pocket. The article also noted that the average Chapter 7 bankruptcy filer has an income of only $20,000 per year, which isn’t exactly a lot of money, and can easily disappear when one is faced with an unexpected financial burden. Job loss and divorce also play a huge role in bankruptcy filings. Along with medical costs, these two factors account for the vast majority (about 90 percent) of all bankruptcy filings.
The bottom line here is that bankruptcy exists to protect those who truly need its protections. Without it, the American economy would likely not flourish with as much innovation as it does today—thanks to the security that bankruptcy provides, entrepreneurs can take risks that they might not otherwise have.
Filing for bankruptcy is emotionally and mentally exhausting. The day you hire our firm, we will contact your creditors to stop the harassment. We offer free office consultations and will listen and evaluate your individual situation, taking immediate action to help get you back on your feet. If you need relief from creditors calling and are considering bankruptcy as an option contact our experienced and compassionate team of attorneys today for a free consultation at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.
5 Ways to Rebuild your Credit after Bankruptcy
Filing for bankruptcy can be an unfortunate blow to your credit score. However, the good news is there are ways you can rebuild this, it’s just a matter of knowing how. Nothing in credit is “forever.” Adopting responsible credit habits such as paying your bills on time, using only a small portion of your available credit and not applying for too much credit at once can rebuild your credit gradually.
1.) Learn from your mistakes. If your problem was overspending, create a budget and stick to it. If medical bills caused you to file bankruptcy, seek a job with adequate health insurance coverage.
2.) Establish an emergency fund to help get you through a job loss or other financial setback. Try to save at least 25% of your paycheck and get a second job if necessary. This also may require you to live below your means for the first 6 months to save as much as possible.
3.) Open a checking or savings account, preferably through a large bank. 
4.) Attain a secured credit card. To quickly rebuild your credit you need to establish two types of credit: Installment (i.e. – auto loans, student loans or mortgages) and Revolving (i.e. – credit cards or home equity lines of credit). Light, regular use of a credit card will help rebuild your credit.
5.) Become familiar with your credit report. The most important thing is for you to attain positive reports from your credit card issuer through Experian, TransUnion and Equifax- ALL three. Check your credit reports every 4 to 6 months, making sure all information is accurate.
If you have any questions on this topic or are in need of a financial fresh start, please contact our experienced team of bankruptcy attorneys at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.
5 Things to NEVER do after Filing for Bankruptcy
1.) Do not pay your bills automatically from your checking account. Automatic bill pay can overdraft your account if you are not monitoring it carefully and can hurt your efforts of trying to rebuild your credit.
2.) Never use payday loans. The fees and interest rates are high and it is easy to get into trouble using them.
3.) Do not try to erase bankruptcy from your credit report, it is not possible and will only make matters worse.
4.) Do not enlist credit counseling agencies to clean up bad credit, no matter how legitimate they seem. Too often these companies are more likely to take advantage of the situation than help you.
5.) Do not immediately go out for a $150 dinner or buy a $200 pair of jeans. Curb your spending habits to avoid repeating the same mistakes twice.
If you have any questions on this topic or are in need of a financial fresh start, please contact our experienced team of bankruptcy attorneys at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.
Renter’s Rights Violated by Foreclosed Property Owners
Many renters, particularly in the Miami-Dade area are under an increasing amount of pressure due to foreclosures placed on the property they are renting. A recent federal law passed by President Obama, called Help Families Save Their Homes Act states that following the date of foreclosure, the renter has 90 days before vacating, if they are renting month-to-month, or until the end of their lease. However, many landlords are taking matters into their own hands and are disregarding the law, evicting tenants before the end of their lease.
A large part of the problem is lack of knowledge on the part of the owner and the tenant. New owners are taking advantage of the fact that lawmakers are not enforcing these laws. A lot of my clients are unaware that only an order by a judge can force them out of their home before their lease ends. In July of 2009, the Affordable Housing Task Force created a packet for individuals in the Miami-Dade area explaining their rights as a tenant and their landlord’s rights as a property owner. The packet is complete with scenarios and different routes you can take in addressing this legally if you have been violated of your rights. http://www.miamidade.gov/foreclosure/library/Know_Your_Rights_Handbook.pdf
If you have any questions on this topic or are facing foreclosure, please feel free to contact Bankruptcy and Foreclosure attorney, Timothy Kingcade at (305) 285-9100. He 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. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info.
– Timothy Kingcade
If I File For Bankruptcy, Will I Lose My Tax Refund?
In cases where my clients are expecting a tax refund, many wonder if they will have to declare this as an asset of the bankruptcy estate. In many cases it is. But there are methods of preserving your tax reimbursement if you are anticipating one.
1.) The money that the government owes you for a tax refund may be claimed as exempt property.
2.) You can apply your reimbursement toward next year’s taxes. However, should you make this decision it is irrevocable, you cannot change your mind.
3.) Filing jointly if you are married and only one of you files for bankruptcy, the other may still get their share of the tax return, because that spouse does not have to suffer the consequences of bankruptcy.
4.) You can always keep the refund from becoming property connected with the bankruptcy estate by waiting to file until after you receive your refund. After receiving your tax refund, you will likely be able to spend this money on your attorney’s fees or necessities. These are both legitimate purchases to devote your tax refund to.
5.) If you use your tax refund to pay someone back, like any kind of creditor, including family and friends that you may have borrowed money from, then the bankruptcy trustee will ask that you pay the amount received from the tax return. However, if you do not use the money to repay someone and spend it on something like getting your roof fixed or repairing your car, they will usually not go after you to get the tax return money.
If you have any questions on this topic or are in need of a financial fresh start, please contact our experienced team of bankruptcy and foreclosure defense attorneys at (305) 285-9100. The day you hire our firm, we will contact your creditors to stop the harassment now. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.
– Timothy Kingcade