Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Miami–Dade has Second Highest Rate of Repeat Foreclosures in the Nation

Posted on May 17, 2017by Admin

Miami-Dade County has the second-highest rate of repeat foreclosures of any major market, according to a newly released report from Attom Data Solutions. New York City took the number one spot.

Miami-Dade’s rate was 32 percent, followed by Los Angeles County with 39 percent and Maricopa County (Phoenix), with 26 percent, according to Attom’s April 2017 report. New York’s rate was 54 percent.

A repeat foreclosure is defined as a foreclosure start filed in 2016 on a property with an address and owner’s last name combination that also showed a previous foreclosure start with the same property address and owner combination in the last 10 years, according to Attom.

Nationwide foreclosure activity in April dropped to the lowest level since November 2015. Miami-Dade saw its foreclosure rate fall 35 percent in April, year-over-year, to 986 foreclosure filings from 1,509 filings in April 2016.

Miami-Dade’s rate of foreclosures still remains higher than Broward County, which had 730 and Palm Beach County 578 in April.

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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Medical Debt Collectors Accused of Using Aggressive Tactics to Collect

Posted on May 16, 2017by Admin

According to a recent report by the U.S. PIRG Education Fund that reviews reports from the Consumer Financial Protection Bureau, medical debt collectors have been employing aggressive tactics to collect, even from the wrong consumers, putting their credit reports at risk.

The collection attempts range from repeated calls, calls harassing family and friends, threats of legal action, and abusive language- All a violation of the Fair Debt Collection Practices Act (FDCPA), designed to prevent creditor harassment and abuse.

Here are some important tips to remember if you are struggling with medical debt:

Confirm you owe the debt. Almost 90 percent of medical bills have costly errors, according to the Medical Billing Advocates of America and Medical Recovery Services. Request a detailed, itemized statement of charges and medical services you received.

Speak up. If you find errors in your medical records or billing, contact your doctor or the hospital billing department. Negotiate payments. They may even give you the option to defer payments for a few months or to put you on an interest-free plan where you pay a small amount toward the bill each month.

Get help. Hospitals and insurance companies often have case workers who can help with bills and resolve payment issues.

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Those who have experienced illness or injury and found themselves overwhelmed with medical debt should contact an experienced Miami bankruptcy attorney. In bankruptcy, medical bills are considered general unsecured debts just like credit cards. This means that medical bills do not receive priority treatment and can easily be discharged in bankruptcy. Bankruptcy laws were created to help people resolve overwhelming debt and gain a fresh financial start. Bankruptcy attorney Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Student Loans, Timothy Kingcade Posts

New Legislation If Passed Would Allow Student Loan Debt to be Discharged in Bankruptcy

Posted on May 15, 2017by Admin

Bipartisan legislation was introduced last week by Rep. John Delaney, D-Md., that would allow student loan debt to be discharged in bankruptcy.

The Discharge Student Loans in Bankruptcy Act (H.R. 2366) reforms federal bankruptcy rules to establish parity between student loan debt and other forms of debt. Rep. John Katko, R-New York, is the lead republican co-sponsor of the bill.

Currently, student loan debt is non-dischargeable in bankruptcy. The only exception is if a filer can prove undue hardship, which is extremely difficult in most circumstances. Last year, total student loan debt hit a record high of $1.3 trillion dollars.

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For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all 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, Debt Relief, Student Loans, Timothy Kingcade Posts

Good News for Home Buyers with Student Loan Debt

Posted on May 12, 2017by Admin

Mortgage lender Fannie Mae has just made significant rule changes that should make it easier for former students with costly student loan debts to purchase their first home or do a “cash-out” refinancing to pay off debt.

These new policies could be game changers for a large number of consumers. Approximately 43 million Americans are carrying student loan debt, totaling $1.4 trillion nationwide. Costly student loan debt not only impedes on borrowers’ ability to save money for a down payment, but it is also a key reason why so many young, potential home buyers remain renters or are living with their parents.

Below are three big changes that Fannie Mae has made that could affect you:

If you’re one of the 5 million borrowers who participate in federal-reduced payment plans on your student loan, your actual monthly payments, as reported to the credit bureaus, will count toward your debt-to-income (DTI) ratio calculations. For example, if your payments were originally supposed to be $500 a month but you have had them reduced to $100 through an income-based repayment plan, only the $100 will be added to your monthly debts for DTI purposes. Previously, lenders were required to factor in one percent of your student loan balance as your monthly payment on the student loan, even though you were actually paying a fraction of that.
For an estimated 8.5 million American homeowners who are still carrying student debt, Fannie Mae has lowered the costs of a “cash out” refinancing, provided the extra cash you pull out from your equity is used to retire your student debt. Among the potential beneficiaries: parents participating in “parent plus” programs that help pay off their kids’ student loan debts, and parents who have co-signed for their children’s student loans. Fannie is eliminating the usual extra fee it charges for cash-outs, as long as the funds that borrowers withdraw pay off student loan debts.
If you have nonmortgage debts that are being paid for by someone else such as your parents, these will no longer be included in your DTI computation, provided the payments have been made steadily for 12 months. This should improve the DTI ratios of young buyers who are still getting a little help from their parents.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Puerto Rico Files for Largest U.S. Municipal Bankruptcy

Posted on May 11, 2017by Admin

Last week Puerto Rico filed for municipal bankruptcy with a total of $123 billion in debt and pension obligations. It is the largest municipal bankruptcy filing in U.S. history, far exceeding Detroit’s $18 billion bankruptcy filing in 2013.

Governor Ricardo Rossello said, “Given the deficit that we inherited, it is my responsibility to guarantee the best interests of the Puerto Rican people.”

The court proceedings could potentially make the island solvent again for the first time in decades. However, many of the prominent Wall Street firms who own Puerto Rico’s bonds are not too happy about the bankruptcy filing because they fear they won’t get paid back the money they are owed.

Puerto Rico has been in an economic recession for more than a decade and the unemployment rate is 11.5 percent. The island’s financial crisis is so bad that Congress installed a Fiscal Oversight Board last year to call the financial shots. However, the board stopped negotiations with creditors last week and filed for bankruptcy.

While on the campaign trail, Donald Trump said he would not “bail out” Puerto Rico. He repeated that again in a recent tweet. His budget director also said that the White House pushed hard to ensure no federal dollars would go toward paying the island’s debts in the latest Congressional budget deal.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all 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.

Related Resources:

http://money.cnn.com/2017/05/03/news/economy/puerto-rico-wants-to-file-for-bankruptcy/

https://www.nytimes.com/2017/05/03/business/dealbook/puerto-rico-debt.html?_r=1

Bankruptcy Law, Credit, Debt Relief, Foreclosures, Timothy Kingcade Posts

Dance Moms Reality Star Abby Lee Sentenced to One Year in Prison

Posted on May 10, 2017by Admin

This week Abby Miller, former “Dance Moms” star was sentenced to a year and a day in prison. The reality TV star was charged with hiding $775,000 worth of income and bringing $120,000 worth of Australian currency into the U.S. without reporting it.

U.S. District Judge Joy Flowers Conti also fined Miller $40,000 on top of the $120,000 in currency she is forfeiting as a part of the guilty pleas she entered last year. She was also ordered to spend two years on probation after her prison sentence.

In late 2010, Miller filed for bankruptcy after defaulting on a $245,000 Florida condominium mortgage and a $96,000 mortgage on her Abby Lee Dance Company studio in Penn Hills, outside of Pittsburgh.

U.S. Bankruptcy Judge Thomas Agresti nearly approved a plan to let her repay her creditors at lower interest rates and longer terms before he saw her on TV one night. Miller had declared in court that she was only making $8,899 per month.

It is a crime to deceive a bankruptcy judge regarding one’s income and assets because that information is used to determine how much and how soon creditors will receive in the court-ordered repayment plan.

She later paid out $288,000 in TV income she did not initially report in 2012, then the federal investigators found that she had hidden nearly $550,000 more from personal appearances, dance sessions and merchandise sales.

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Foreclosures, Timothy Kingcade Posts

Cities Can Sue over Predatory Mortgage Lending but the Standard is high

Posted on May 9, 2017by Admin

The U.S. Supreme Court ruled that cities can sue banks over predatory mortgage lending to minorities that harms municipal finances, but cast doubt on whether these cases can succeed by throwing out a lower court decision (ruling 8-0) that had allowed litigation brought by the city of Miami to even move forward.

Miami accused Wells Fargo, Bank of America and Citigroup into pushing “non-white” borrowers into higher-cost and riskier loans they often could not afford, even if they had decent credit. As a result of these alleged discriminatory lending practices, property values declined due to the high rate of loan defaults, which led to foreclosures. The city of Miami said it lost property tax revenue and was forced to pay to repair and maintain the properties that went into foreclosure.

Justice Stephen Breyer said Miami had the legal standing to sue the banks, but needed to present more evidence that the injuries it claims to have suffered were tied to alleged violations of the federal Fair Housing Act. Miami accused the banks of a decade of lending discrimination in its residential housing market. Los Angeles, Oakland and several other U.S. cities have filed similar lawsuits.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Lawyer’s Response to His Client’s Facebook Inquiries Result in Suspension

Posted on May 8, 2017by Admin

A Nebraska lawyer’s lackadaisical responses to his client’s inquiries on the social networking site, Facebook have resulted in him being suspended for 90 days. The Nebraska Supreme Court approved the suspension in an April 27 opinion, which includes a one-year probationary period of monitoring in a conditional admission to the allegations.

The lawyer, Dustin Garrison, was accused of failing to adequately answer his client’s questions and explain the status of his client’s personal injury case against a driver who was in a car registered to a Texas corporation.

According to the ethics charges against Garrison, he responded to his client’s Facebook inquiries with statements such as:

Relax.
I will take care of it.
I will explain later.
We are fine.
Be happy. We are in the driver’s seat.
I’m busy right now.
U realize we sued the wrong company right? We got the money from a company that had it. The correct company would never have had this type of money to pay our judgment.
This is complicated.
We’ve been busting our asses getting ready for this hearing.
I can’t explain the whole process.

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Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Millennials owe a Record Amount of Debt

Posted on May 5, 2017by Admin

Millennials (also known as Generation Y), those 21 to 34-year-old hold an estimated $1.1 trillion of the country’s $3.6 trillion in consumer debt. Rising student and auto loans are outweighing a decline in mortgages.

With all of the rising debt comes the risk of default. There is evidence that millennials are curbing their spending habits when it comes to smaller purchases, whether searching for the lowest price or waiting for the best time to buy.

But concerns over student loans and auto loans remain. A growing amount of auto loan debt comes from leasing, with 32% of millennials choosing to lease in 2016, up from 21% in 2011, according to a report from Edmunds. Households making $50,000 or less, millenials made up 21% of lessees.

If millennials pay their student loans over their auto loans, lower-credit-score applicants could have a hard time financing vehicle purchases. If that happens, automakers could be in trouble.

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Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

How the Affordable Healthcare Act Had an Impact on Personal Bankruptcy Filings

Posted on May 4, 2017by Admin

As legislators and the President focus their efforts on the repeal and replacement of the Affordable Care Act, they may want to keep in mind the financial consequences. Since its inception, far fewer Americans have filed for personal bankruptcy. Personal bankruptcy filings are down 50 percent since 2010. Coincidentally, those same seven years represent the time frame when the 2010 federal law designed to provide health insurance coverage for the majority of Americans took effect.

Personal bankruptcy filings have dropped from 1,536,799 in 2010 to 770,846 in 2016. Medical bills remain the leading cause of personal bankruptcy. Unlike other debts, medical bills are often unexpected, involuntary, and can be for very large amounts.

Two other contributing factors add to the decline: an improved economy and changes to bankruptcy laws in 2005 that made it more difficult and costly to file. However, expanded health coverage played a significant role in the recent decline of personal bankruptcy filings.

Some of the most important financial protections of the Affordable Care Act apply to all consumers, whether they get their coverage through Obamacare or the private insurance marketplace. These provisions include mandated coverage for any pre-existing conditions, an end to annual and lifetime coverage caps. It also allows young people to be covered by a family policy until age 26.

The first attempt to repeal and replace the Affordable Care Act was in March, failed to gain enough Congressional support and never came to a vote. Then in April, details of a new replacement plan were released. Although President Trump has said that the new version will cover pre-existing conditions, the revised law gives states discretion to allow insurance companies to increase rates for consumers with an existing illness.

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