foreclosure attorney Archives - Page 2 of 9

Credit, Foreclosures, Timothy Kingcade Posts

3 Reasons the Housing Market Recovery Might Not Last

Posted on April 23, 2013by Admin

The housing market has made a big comeback this year! Home prices have increased approximately 8 percent and interest rates have hit record-lows. However, some experts worry that the housing market will crash just as quickly as it has surged.

Below are three main reasons industry experts worry the recovery might not last.

1. Investors are leading the housing market recovery. Investors have been taking advantage of low interest rates by buying up a huge portion of the real estate inventory. However, when prices begin to rise, economists believe that investors will likely pull back. Many believe an investor-driven boom led to the original housing bubble.

2. The economic recovery is not strong enough, yet. There are many factors within the economy that can still hurt the housing market, such as employment. After gaining some momentum during 2012, the job market has been showing signs of weakness in recent months. Once the job market picks up, the housing market should gain some strength.

3. Government cuts will hurt homeowners. The housing market recovery will be greatly affected by the $85 billion worth government spending cuts. The cuts include unpaid days off for federal workers, cuts in unemployment compensation and decreased military spending. All of which will lead to job and income losses.

Click here to read more on the three reasons why the housing market recovery might not last.

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 website, Kingcade & Garcia, P.A.

Credit, Foreclosures, Timothy Kingcade Posts

Postcard Alerts of Foreclosure Cash Could Be Ignored

Posted on April 19, 2013by Admin

Beginning this month, hundreds of thousands of Floridians are expected to receive foreclosure-restitution checks through federal agreements with banks. The fear is that the letters might be mistaken for a scam or junk mail and will be thrown out. It is estimated that approximately $3.6 billion will be awarded to 4.2 homeowners nationwide who were facing foreclosure in 2009 and 2010. Those who are eligible for the cash should have received a postcard in late March alerting them that they would be receiving a check worth between $250 and $125,000. The postcards were sent out by Minneapolis-based Rust Consulting, the firm contracted by federal regulators to disburse the checks. Homeowners have been wary of the postcards and checks due to already being overwhelmed with foreclosure-related mailings.

The Office of the Comptroller of the Currency offered agreements with 13 financial institutions to compensate for foreclosure-related abuses and replace the Independent Foreclosure Review. Homeowners were asked to apply to have their foreclosure inspected and receive compensation based on the findings. However, few people signed up for the review. In November of last year, approximately 3.8 percent of Floridians who were sent letters about the program had applied. This proves that homeowners are so uneasy about anything foreclosure-related, they are willing to miss out on compensation for foreclosure abuse.

Click here to read more about the postcard alerts of foreclosure checks being sent to Floridians throughout the month of April.

Foreclosures, Timothy Kingcade Posts

New Foreclosure Bill – Good for Banks, Bad for Homeowners

Posted on April 18, 2013by Admin

A bill to speed up the Florida foreclosure process is headed to the House floor this legislative season. However, consumer advocate groups believe HB 87 will favor banks rather than homeowners. According to Rep. Cynthia Safford, ‘the bill diminishes the rights of homeowners and consumers.’ This bill is the Legislature’s third attempt in three years to address the backlog of foreclosures in Florida. A Senate companion bill is also moving through the committee process. This bill forces banks to disclose the correct documents and also shortens the statute of limitations for post-foreclosure lawsuits against homeowners.

Consumer advocates are pointing out some of the other provisions that are a bit more controversial. The bill states that homeowners cannot get their home back after a fraudulent foreclosure if it has been sold to another person. Another controversial point in the bill is that it would allow condominium associations to speed up the foreclosure process on homeowners who have not paid their dues. Florida has the largest foreclosure inventory than any other state in the nation. Currently there are more than 300,000 homes in the process of foreclosure. Additionally there are hundreds of thousands that are at risk of foreclosure.

Click here to read more on HB 87 and what it can mean for you.

Credit, Foreclosures, Timothy Kingcade Posts

Federal Government to Investigate Florida’s Housing Program

Posted on April 15, 2013by Admin

Last week, the federal government announced that it would begin investigating the Florida Hardest Hit Fund. The $1 billion state housing program is designed to help homeowners avoid foreclosure. The investigation was called for by U.S. Senator Bill Nelson who said the program was poorly run and not reaching enough people. Sen. Nelson went on to say that it is good news for Florida homeowners and will give them more access to the help that should be available to them.

The program was established as a part of a national program to help homeowners who are struggling as a result of the Recession. However, the program has been struggling to reach those who need assistance. As of March 1, 2013, only approximately 38 percent of the processed applications had been approved. Nearly half of the applicants had yet to be told whether they would get help from the Hardest Hit Fund. Broward County had more applicants than any other county in the State of Florida, with more than 6,000 of the 44,854 applications. The Florida Housing Finance Corp. administers the Hardest Hit Fund and defended the program last month in a letter to Sen. Nelson. In the statement, the agency’s executive director stated that the fund has been reviewed by the U.S. Department of Treasury and two state agencies, which found no evidence of wrongdoing.

Click here to read more about the Federal Government’s announcement to begin investigating the Florida Hardest Hit Fund.

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.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

How to Choose A Mortgage Lender

Posted on April 3, 2013by Admin

There has been a lot of buyer concern the past few years in the real estate market. Even those who have not been greatly affected by the Recession and have the means to buy a house may be stalling due to a lack of trust in mortgage lenders. Now that the housing market is stabilizing and lenders are being monitored more closely, buyer confidence is on the rise. The latest question for those looking to buy is, “How do I choose a mortgage lender?”

Here are a few things to remember when choosing your mortgage lender:

Beware – Mortgage people are salespeople. Following the housing market crash, homebuyers are looking for the most skilled financial mortgage experts out there. However, you have to understand that many representatives you will speak with are not qualified to answer the questions you may ask. You cannot assume that all of the loan officers have proper training and credentials, just because you chose a well-known institution. Work with the most knowledgeable loan officer, not the best salesperson.

Beware of the “In-House” Lender. Many real estate companies have “in-house” lenders that work out of the real estate office. This is mutually beneficial for the real estate company and the lender because of the convenience factor. The “in-house” lenders can be a great choice; however, it is best to do your homework. Make sure the “in-house” lender and the officer have the expertise and credentials to properly handle your mortgage.

Beware of Online Discount Mortgage Financing Options. Although it may be advertised that discounted options are available online that leave out the “brick and mortar” costs associated with traditional lenders, this is not always true. Even if you close online or over the phone, the brick and mortar costs are still a part of the income statement. These “discounts” are simply advertisements and tend to be very misleading.

Word of Mouth Trumps All. A general rule of thumb with any choice in services or goods is to ask those around you about their experience with the product or service. If you know of anyone who has recently purchased a home, ask about their experience. With all of the recent changes to the market, it is best to ask more than one recent buyer. Other great sources of information include: financial advisors, accountants, attorneys or realtors.

Click here to read more on this topic and find out which mortgage lender is right for you:

Credit, Foreclosures, Timothy Kingcade Posts

Rebuilding Your Life After Foreclosure

Posted on April 1, 2013by Admin

Record-breaking foreclosure rates have been a popular topic in the media since the housing market crashed. Unfortunately, we do not hear much about what happens to these families after they have lost their homes. Homeowners who have been foreclosed on by their lenders face many hardships, even after the dust has settled from their case. Below are some of the issues that foreclosure victims face and some smart solutions to their problems.

Finding a New Place to Live
Finding a new place to live is the most dire and immediate challenge foreclosure victims face. Many who have recently been foreclosed on do not have the cash for a deposit for rental property. Also, many landlords will not accept a renter with lower credit scores, which many foreclosure victims have. The best thing to do is to make plans as soon as you think you might be foreclosed on. This will allow you time to save up some cash to rent, if need be.

Suffering Through the Credit Fallout
Once other creditors find out that you have been foreclosed on, they tend to think it is likely that you will default on your debt with them, as well. As a result, you are likely to be forced to pay an inflated interest rate. Some foreclosure victims see interest rates rise as much as 30 percent. The best thing you can do is work toward rehabilitating your credit score as fast as you can, to be eligible for lower interest rates.

Purchasing a New Home
If you were foreclosed on due to circumstances that were beyond your control, such as unemployment, you are more likely to be eligible for a mortgage in the near future. Many foreclosure victims are able to obtain a mortgage again within three years of a foreclosure. Federally insured mortgages are the best option for foreclosure victims, i.e. FHA loans. However, you must understand that in order to obtain a mortgage in three years, you will need to prove that you have been practicing good bill-paying habits since the foreclosure.

Explaining Your Foreclosure to a Potential Employer
In financial-related fields, it is not uncommon for employers to run credit checks on potential employees to see how financially responsible the person is. If you have recently been foreclosed on and are applying for a position where you will be handling money, you should have an explanation ready for your potential employer.

Post-Foreclosure Tax Bill
If you have been foreclosed on and your home has been sold in an auction, you may be billed for taxes your lender was not able to recover from the sale of the property. However, there are some reasons you may not be obligated to pay the tax bill. If you are financially insolvent, the IRS may allow the debt to be forgiven.

Click here to read more on ways to rebuild after a foreclosure.

Credit, Foreclosures, Timothy Kingcade Posts

Now is the Time to Buy – Mortgage Rates Fall to Historic Lows

Posted on March 27, 2013by Admin

Last week, mortgage rates fell to historic lows after a slight uptick the previous week. The average mortgage rate on a 30-year loan fell to 3.54% for the week ending March 21st, after reaching a year-high 3.63% the week before. According to mortgage giant Freddie Mac, 3.63% was the highest rate since August 2012. Rates have also dropped considerably from one year ago, when a 30-year fixed-rate was 4.08%. The average mortgage rate on fifteen-year loans fell to 2.72% last week, after reaching 2.79% the week before.

As a result of these record low mortgage rates, home sales have modestly boosted. The National Association of Realtors reported that in February, existing home sales reached a 3-year high, running at a 4.98 million annual rate. These historic low rates and increasing home sales are good indicators of economic growth. However, a forecast issued last month by mortgage giant Fannie Mae, estimated that 30-year fixed-rates would exceed 4 percent during the fourth quarter of 2013 and would average 4.4% by 2014. If you are planning on purchasing a home, it is better to buy now when you can take full advantage of these historic low interest rates.

Click here to read more about why NOW is the best time to purchase your new home!

Credit, Foreclosures, Timothy Kingcade Posts

‘Shadow Inventory’ May Ease Shortage of Homes for Sale in Florida

Posted on March 20, 2013by Admin

According to RealtyTrac, there are more than 56,000 homes currently in the process of foreclosure in Palm Beach and Broward counties. That is a 55 percent increase from this time last year. As a result, there has been a shortage of homes for sale, which has been frustrating for prospective buyers. Homes that are lingering in the foreclosure process are also known as ‘shadow inventory.’ There is currently such a great amount of shadow inventory that it suggests that buyers will eventually have a greater supply once the courts begin streamlining the foreclosure process. Another reason there has been a shortage of homes is because lenders have been holding back inventory that is available to sell in order to encourage a recovery and avoid a loss on the property.

Many individual buyers are being outmuscled by large investment firms in South Florida that are buying up millions of dollars of distressed real estate. In many cases, these large firms are buying up properties before they make it to multiple listing services, leaving individual buyers little chance at all. Investment firms bought more than 5,200 properties during 2012 and are reportedly still on the market for good deals. Therefore, when the ‘shadow inventory’ homes do make it to the market, it is not likely they will hurt home prices because there are so many individual buyers and investment firms that are looking to buy right now.

Click here to read more about shadow inventory and how it may ease the shortage of homes for sale in Florida.

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 website, Kingcade & Garcia, P.A.

Credit, Foreclosures, Timothy Kingcade Posts

Don’t be fooled by these 6 Mortgage Scams

Posted on March 14, 2013by Admin

Homeowners struggling to avoid foreclosure are often the prime targets of con artists selling mortgage-relief scams. Many mortgage scammers have been arrested, but plenty more are trying to take advantage of homeowners’ financial woes. Here are some examples of common mortgage-relief scams.

1.) Imposter counselors: Several Florida men were arrested in August 2011 and charged with defrauding homeowners as a company named Home Owners Protection Economics Inc., or H.O.P.E. — meant to mimic the name of Hope Now, a public-private alliance of lenders, nonprofit housing counselors and other mortgage-industry participants. The scammers claimed to be connected to the homeowners’ lenders or said the homeowners were approved for a loan modification under the Home Affordable Modification Program. They demanded an upfront fee for their services.

2.) Loan-Audit Offers: This scam works by a salesperson calling the homeowner and saying they are going to audit their mortgage documents and use the violations they could find to force their lender to approve a loan modification. The scammers would tell people that they found violations 90% of the time. These scammers typically ask homeowners for $1,000 to $5,000, with an average fee of $3,000.

3.) Money-back guarantee: Howard Shmuckler, owner of The Shmuckler Group in Vienna, Va., collected almost $2.8 million from struggling homeowners by promising them he could guarantee a loan modification under the Home Affordable Modification Program. He told these homeowners to stop making their mortgage payments and to avoid contact with their lenders. Homeowners should never pay a fee for loan-modification assistance. Government and nonprofit housing counselors provide this service for free. Some of Shmuckler’s victims might have been able to modify their mortgages under HAMP if they had not fallen so far behind on the mortgage after following Shmuckler’s advice.

4.) Calls to stop contacting your lender: Be wary of anyone who tells you to stop paying your lender or who tells you to stop trying to contact your lender. This past March, three people were arrested on charges of committing fraud against California homeowners. They were Gregory and Cynthia Flahive, ex-spouses and co-owners of Flahive Law Corp., and the firm’s managing attorney, Mike Johnson. In addition to requiring upfront fees in exchange for loan-modification assistance, the Flahives told one homeowner to reject his lender’s offer of a loan modification. They told that homeowner that they could get a better deal. Instead, the home was lost to foreclosure in four months.

5.) Misrepresentation of the attorneys general settlement: Another common scam is for homeowners to be told that a caller is from a government agency with information about the mortgage settlement. The caller requests a bank routing number or other personal information to “facilitate the refund,” but then the scammers drain the bank account. To avoid this scam, never give out personal financial information to anyone who calls.

6.) Mass-joinder scam: Fake and even legitimate law firms send notices to homeowners, including some who are not in financial distress, that claim the homeowners have been wronged by their lenders and may be eligible for restitution. The homeowners are told to pay $2,000 or more to become part of the lawsuit. Never pay a fee to become part of a class-action lawsuit. Anyone who guarantees a loan modification from your lender or guarantees that a foreclosure can be prevented cannot be telling the truth.

Click here to read more on Mortgage Scams.

Credit, Foreclosures, Timothy Kingcade Posts

10 Items you ABSOLUTELY Need to get a Mortgage

Posted on March 13, 2013by Admin

Many people believe that owning a home is unattainable after filing for bankruptcy. But in fact, the average waiting period from mortgage lenders after filing for bankruptcy is just two years. As long as you stay on top of your payments and do not accrue more debt. Below is a laundry list of documents you will need to start a mortgage application.

1.) A valid driver’s license which verifies your identity, compliant with the Patriot Act.

2.) Secondary ID’s (a passport or social security card) as support for number one.

3.) Your most recent pay stubs for a period of one month.

4.) W-2 forms from employers for the past two years to prove employment and earnings history.

5.) Signed federal tax returns (with all pages and schedules) for the past two years.

6.) Most recent bank and asset statements (all pages) for a period of two months.

7.) Fully executed contract for the property you are buying.

8.) If refinancing, a copy of your deed.

9.) Name, address and phone number of your landlord

10.) Name, address, phone, fax numbers and email address for your attorney

Click here to find more tips to be approved for a mortgage.

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 Kingcade & Garcia, P.A..