Consumer Financial Protection Bureau Archives - Page 8 of 8

Bankruptcy Law, Credit, Timothy Kingcade Posts

CFPB Issues Warning about Student Loan Debt Relief Scams

Posted on January 12, 2015by Admin

The Consumer Financial Protection Bureau (CFPB) has issued an advisory warning to consumers about student loan debt relief companies. While the CFPB warns all student borrowers to stay away from companies with aggressive marketing tactics that promise savings of thousands of dollars on their loans, it is also taking steps toward stopping these companies from engaging in illegal practices.

In a recent lawsuit against Student Loan Processing, the CFPB and Florida’s Attorney General shut down student loan debt relief company College Education Services for its illegal practices. These scams are all too common. The CFPB has provided some useful tips to help student borrowers recognize the red flags associated with student loan debt relief scams.

1.) Upfront fees. No upfront fees should ever be charged by a student loan debt relief company. In addition, you should not be required to sign a contract with the company. The CFPB notes that free assistance is available through your student loan servicer and advises that oftentimes taking upfront payment before debt relief services have been provided is illegal.

2.) Promises. Student loan debt relief companies will often promise borrowers loan forgiveness or even complete cancellation. The false promise of negotiating with your lender under federal student loan programs is a flat out lie.

3.) Signing documents. Student loan debt relief companies should not require that you sign a “third party authorization” or a “power of attorney.”

4.) Requests for your Federal Student Aid PIN: Borrowers should be extremely cautious of any student loan debt relief company that asks for this information. The CFPB states that, “honest companies will work with you to come up with a plan and will never use your PIN to access your student loan information.”

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 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 http://www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Sallie Mae Faces Nearly $200 Million in Penalties for Cheating Active Duty Troops

Posted on May 14, 2014by Admin

Sallie Mae and its former loan unit, Navient have struck a deal with federal authorities to resolve allegations that it cheated active duty troops and other borrowers who were being charged late fees.

According to the Consumer Financial Protection Bureau (CFPB), service members have complained that companies such as Sallie Mae and Navient have told them they could not receive protections under the law unless their loans were in forbearance or deferment.

Sallie Mae and Navient more than doubled to $173 million- the amount they have set aside to cover settlements resolving these allegations brought by the Federal Deposit Insurance Corp. (FDIC) and the Dept. of Justice. Navient has acknowledged the federal government’s investigation into allegations the company cheated active-duty troops in violation of the Service Members Civil Relief Act from November 28, 2005 to present day.

Under the Service Members Civil Relief Act, loan companies must reduce the interest rate on student loans to no more than 6 percent upon request by active duty troops. As of 2008, the law extended beyond private student loans to include federal student loans.

In addition, troops have told the CFPB that their servicers wrongly told them the 6 percent interest-rate cap expired annually, and they were required to submit additional paperwork to retain it. Others were discouraged from applying for the protections contained in the service members’ law, while some were mistakenly told that the benefits are only available to those in combat zones.

Furthermore, some service members told the CFPB that they were told to provide end dates for their tours on active duty, a requirement that is virtually impossible to meet, since officers in the armed forces are usually not told when their tours will end.

Rohit Chopra, the consumer bureau’s top student loan expert, told the Senate “that companies that fail to comply with the service members’ law may be cheating borrowers in other ways.”

A settlement resolving the service members’ allegations would need to be approved by the Education Department and require the companies to establish a $60 million fund to compensate troops for violating the service members’ law when it comes to student loans.

Click here to read more on this story.

Credit, Foreclosures, Timothy Kingcade Posts

NEW Mortgage Protections for Members of the Military

Posted on February 17, 2014by Admin

The responsibilities of home ownership and having a mortgage are demanding enough for the average consumer, but the process becomes increasingly more complicated for borrowers who are serving our country.

To help ease these hardships- which include job and relocation stress, along with time constraints- the Consumer Financial Protection Bureau (CFPB) has written new mortgage protections for these consumers, which are now in place for military men and women.

Holly Petraeus, head of the CFPB’s military office said the new rules have come after the CFPB conducted nationwide listening sessions and heard stories from military families about poor mortgage servicing practices, inconsistent foreclosure practices and sloppy recordkeeping by lenders. These new rules will help military families struggling with a mortgage and those that just got orders requiring them to relocate.

Some of CFPB’s new rules include:

• Require a servicer to evaluate a borrower for all available options as soon as they receive an application for mortgage help.

• Servicers must have policies in place to ensure consistent and constant contact with borrowers.

• One of the big changes relates to what is known as dual-tracking. In the past, a member of the military struggling to make a mortgage payment might have been working on a potential loan modification at the same time their servicer was moving to foreclose on the home. This practice is now restricted under the new rules.

• Eliminate the issue of misplacing documents and other factors that make it hard for borrowers to get accurate and consistent answers regarding their mortgage.

• Mortgage servicers are now required to train their employees to be more readily able to answer questions for borrowers who run into trouble and must assign someone to help military borrowers to ensure a positive experience.

• In the past, service members had to apply multiple times for programs to help keep their homes. The new rules require mortgage servicers to evaluate a borrower who files a complete application for help for all the options that are available to that borrower. This will eliminate multiple rounds of applications.

Click here to read more on this story.

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, Credit, Timothy Kingcade Posts

Private Student Loans Just as Dangerous as Using a Credit Card to Pay for College

Posted on November 12, 2013by Admin

A recent analysis done by the Consumer Financial Protection Bureau’s Student Loan Ombudsman report concluded that private student loans are a “risky and high-cost” method to pay for a college education, “no better than paying for college on a credit card.” These private student loans total approximately $165 billion and account for 15 percent of the nation’s total outstanding student loan debt.

Private student loan repayment was the subject of nearly 65 percent of more than 4,300 complaints received by the Consumer Financial Protection Bureau from October 1, 2012 through September 30, 2013. Repayment concerns included fees, billing, deferment, forbearance, fraud and credit reporting.

What’s most concerning is how borrowers incurred these private student loan debts. “In 2008, a majority of private student loan borrowers took out less in federal student loans than they could have. Of these borrowers, a full quarter took out no federal student aid whatsoever … In large part, private student borrowers fell prey to a range of unsavory marketing tactics… Some lenders deliberately misled borrowers into believing that their private student loans were superior to federal loans.”

The CFPB’s Student Loan Ombudsman is a statutory office created within the Bureau to assist consumers in resolving their issues with private student loan lenders. Through this effort, the CFPB has assisted hundreds of borrowers obtain relief from their lenders. The median monetary recovery is $700; the maximum amount of relief granted thus far is $75,000.

Click here to read more on this story.

If you are having trouble making your student loan payments or you have recently defaulted on your federal or private student loans, contact an experienced Miami bankruptcy attorney. Although student loans are often not dischargeable in bankruptcy court, an attorney can help you eliminate other debts and obligations so you can take control of your finances and better handle your student loan debt. 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. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Student Loan Borrowers Face Payment Processing Pitfalls

Posted on November 1, 2013by Admin

A new report from the Consumer Financial Protection Bureau (CFPB) reveals that the companies hired by lenders to collect payment for private student loans are not always acting in the borrowers’ best interest. In fact, sometimes their actions increase the total cost of higher education. The most common complaint deals with the problem encountered when borrowers try to pay off their loans early or pay them off in a certain order.

Oftentimes, it makes the most sense to pay off the student loan with the highest interest rate first, but the CFPB report found that loan servicers do not always do that. Instead, they frequently divide the payment or over-payment and apply it to all of the person’s outstanding loans. According to the report, these “payment processing pitfalls” can lead to increased costs, extended periods of repayment and harm the borrower’s credit profile.

The CFPB also found problems for borrowers who had multiple loans with the same servicer and were unable to make their monthly payment in full. They were oftentimes told by the loan servicer to pay as much as they could. But instead of putting all of the money toward the highest-rate loans, the loan servicer applied it evenly to all of the loans. This practice maximizes late fees and can intensify the negative impact of a single late payment to the borrower’s credit profile.

Another problem encountered by borrowers was when their loans were transferred to another service provider. These complaints included lost paperwork, processing errors that resulted in late fees and an interruption in billing statements. More than 3,800 complaints about private student loans were received between October 1, 2013 and September 30, 2013. 49 percent of these complaints were with Sallie Mae.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Trends in Credit Card News- How New Legislation is Keeping Consumers Safe

Posted on April 2, 2013by Admin

Congress is taking steps to limit checking account overdraft fees that continue to charge consumers billions of dollars every year. Reps. Carolyn Maloney and Maxine Waters have introduced a bill that limits the cost of overdraft fees and prohibits practices that increase the likelihood accounts will be overdrawn. Also known as the Overdraft Protection Act, it limits overdraft coverage fees in many ways. It would prohibit financial institutions from charging more than one overdraft fee per month or more than six per year; it would require overdraft fees to be “reasonable and proportional” to the amount of the overdraft; and it would prohibit a fee if the overdraft results solely from a hold placed on an account that exceeds the amount of the transaction. Many merchants, such as hotels and gas stations, automatically place a hold on the money in your checking account when you pay with a debit card. The bill also addresses the practice of posting checking account transactions in a way that maximizes overdraft fees.

In other credit card news, a Massachusetts court ruled that zip codes could no longer be required at a check out. The Supreme Court unanimously ruled that zip codes are private information and consumers should not be prompted for a zip code when using a credit card. The decision came from a lawsuit where a merchant was prompted for her name and zip code, after which the retailer used this information to find her address and send her junk mail. The collection of personal information violates state law.

Richard Cordray was again nominated to head the Consumer Financial Protection Bureau (CFPB) last week. The decision came following a 12-10 vote by the U.S. Senate Banking Committee. Every Democrat approved Cordray, while every Republican opposed him. However, his approval will be stalled due to a deadlock preventing his vote. The CFPB is a federal consumer watchdog group that monitors and tracks the complaints on credit cards, mortgages, student loans, bank accounts, services and other consumer loans.

Click here to read more of the latest credit card news.

Click here to find out more about the Consumer Financial Protection Bureau.

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.

Foreclosures, Timothy Kingcade Posts

New Rule to Protect Borrowers From “Risky” Mortgages

Posted on January 15, 2013by Admin

The Consumer Financial Protection Bureau (CFPB) has adopted a new rule that will protect borrowers from risky mortgages. Although it will not immediately make mortgages easier to get, it will spell out what lenders must do to ensure their borrowers can afford their mortgages. Part of the reason the housing market burst was due to borrowers agreeing to mortgages they did not understand and could not afford. As a result, millions of homeowners have been foreclosed on and housing prices have dropped more than 30 percent since 2006.

The rule will go into effect next year and prohibits qualified mortgages from:

• Containing “risky” provisions, such as terms that exceed 30 years, interest-only payments or payments where the principal amount increases (negative-amortization payments)

• Carrying fees and points in excess of 3 percent of the loan

• Issuing to borrowers who will spend more than 43 percent of their income on debt payments after the mortgage

There has already been some concern from consumer groups that the rule is too protective and does not help low-income borrowers. Some groups fear that the debt-to-income ratio of 43 percent is too high for most low-income households. The CFPB said that banks would be able to ease their standards over time, however it is necessary for now.

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

Three Major Credit Card Issuers to Refund Cardholders $435 Million

Posted on December 21, 2012by Admin

The Consumer Financial Protection Bureau (CFPB) ordered three credit card issuers, Discover, American Express and Capital One, to refund a collective $435 million to cardholders. Refund dispersion is already underway to a reported six million consumers. The majority of these refunds will show up as credit on the appropriate cardholders’ accounts. If consumers qualify for a refund but are no longer a cardholder, they will receive a check in the mail. Qualified cardholders are expected to receive their refunds by the end of March 2013.
American Express has been ordered to issue $85 million in refunds to 250,000 customers for illegally high late fees and monetary rewards that were promised but never received. Capital One was ordered to issue $150 million in refunds to two million customers for pressuring and misleading them into buying products and services. These services included payment protection and credit monitoring. Discover was ordered to issue $200 million to 3.5 million customers who were coerced into purchasing credit protection products between December 2007 and August 2011.
To read more on this story visit: http://money.cnn.com/2012/12/17/pf/credit-card-refunds/index.html?source=cnn_bin
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.

Credit, Timothy Kingcade Posts

Consumer Bureau to Propose New Rules for Mortgage Servicers

Posted on May 15, 2012by Admin

The Consumer Financial Protection Bureau plans to propose a straightforward approach to loan administration that should benefit consumers and servicers, which are the firms that loan owners hire to collect payments, disburse taxes and insurance, and chase after delinquent borrowers.
The Bureau hopes to finalize the new rules by this summer and have them take effect by January 2013. However, it is likely that mortgage servicers will be given another year to incorporate the rules into their companies’ practices, which means the actual changes might not be seen until January of 2014.
Below is a list of the new rules that will be set in place by the Bureau:
• Mandatory issuing of monthly statements that are understandable to the loan holders. Mortgage servicers would be required to issue broken down loan statements each month that are detailed and easy for loan holders to understand.
• Required interest rate fluctuation warnings. A statement must be issued on what the current rate will be and the options for the loan holders if they are unable to afford the new rates.
• Mortgage servicers must give notice before purchasing “force-placed” insurance on the property.
• It will be required that the property has fire insurance and in some cases where it is not, the servicer must purchase its own as collateral on the property.
• Servicers will be forced to credit accounts immediately as they are paid by the loan holders. This has been required as a result of many consumer complaints that servicers are holding onto the payments for so long that an additional late fee is tacked on, costing consumers more unnecessary money.
• Servicers would be forced to practice with fewer errors made. Customer service from mortgage servicers will be more accessible and available if the consumer believes a mistake has been made on their account.
To read more on this story visit: http://www.latimes.com/business/realestate/la-fi-lew-20120506,0,7793027.story
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.

Timothy Kingcade Posts

8 Keys to 2011’s Mortgage Market

Posted on February 12, 2011by Admin

The U.S. housing market has been hit hard by what’s been referred to as the worst economic downturn since the Great Depression. Mortgage rates dipped to lows that hadn’t been seen in decades. Now, the housing market is still struggling and mortgage rates are on the rise.

Here are 8 predictions for 2011’s Mortgage Market:

1.) The new Consumer Financial Protection Bureau will start operating. Confusing, unclear and seemingly conflicting documentation has been implicated in the mortgage-market mess, and a push for more explicit yet simpler forms for consumers to review and sign are thought to be the bureau’s top priority.

2.) Fannie Mae and Freddie Mac will change . . . maybe. Reforming the government-sponsored enterprises (GSEs) has been an on-again, off-again, crusade for the last couple of administrations. There has been some talk of perhaps a five-year wind-down plan for the GSEs, some discussions of separating their “public” function of securitizing mortgages from their “private” investment portfolios, and both have proved useful to politicians at various times.

3.) The economy improves. If you want to know what will happen to mortgage rates in 2011, watch what happens to the economy. The labor market recovery is expected to gain momentum as the year progresses, but unemployment will remain stubbornly high for perhaps years to come. With that being said, continual but gradual improvement seems likely. As the economy finds firmer footing, so will mortgage rates.

4.) Homebuyers return in greater numbers. Without a competitive private market, the restrictive standards put in place by the GSEs over the last couple of years will continue to be the only game in town and will continue to limit access to the cheapest mortgage credit.

5.) The “distressed” real estate market improves. Recently, there was a slight improvement in the number of “underwater” homes that occurred not because of any gains in home prices, but rather because a rise in foreclosures produced a final “cure” that loan modifications did not.

6.) A “soft demise” for the Home Affordable Modification Program. By now, it should be fairly clear that the Obama administration’s goal of saving 3 million to 4 million homeowners from foreclosure by 2012 was wildly optimistic. By the program’s end, we may not even make half that number, but the administration is claiming some success in shaping and focusing the loan servicing industry to deal with borrowers in crisis, fostering more private and lasting modifications.

7.) Mortgage rates remain favorable. Borrowers will again have to become accustomed to rates in the low- and mid-5% range for 30-year fixed loans. Still, much of the year should continue to feature rates that rank among the best seen in a generation or more, even if they don’t test record lows. The low mortgage rates of 2010 came as a result of multiple financial panics and investor fears of more losses, and to wish for their return is to hope for renewed economic catastrophe.

8.) The Federal Reserve’s Quantitative Easing 2 (QE2) program ends. Initiated in November 2010, the Fed’s program of purchasing Treasury securities in hopes of fostering lower interest rates has had the exact opposite effect, and interest rates have risen off their panic-level bottoms. This is partly due to an improving economy and partly due to the expectation that the Fed’s moves will further spur economic growth in 2011. We’ve come to believe that the Fed is using the program to buffer the market, keeping market interest rates from rising more quickly than it would like.

To read more on this story visit:
http://money.msn.com/home-loans/8-keys-to-2011s-mortgage-market-hsh.aspx

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. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.