Foreclosure Defense Attorney Archives - Page 3 of 9

Call Being Made To Halt Foreclosures During Government Shutdown

Posted on January 22, 2019by Admin

Now in its fifth week, an estimated 800,000 government employees have been caught in the political crossfire of the government shutdown. Roughly 380,000 federal workers have been furloughed and 420,000 are working without pay. Many of these individuals, who are now facing an extremely stressful financial situation due to the lack of income, were already in a difficult financial situation prior to the shutdown.

Housing advocates are urging that it is only fair that the foreclosure process is shut down while the federal government remains on a partial shutdown. In fact, 15 organizations across the U.S. are now asking the U.S. Department of Agriculture (USDA) to pause all foreclosure proceedings during the shutdown for its home loans where borrowers are behind.

This request was made this week in a letter submitted to the USDA. The USDA operates a home loan program that focuses on rural home ownership.

The USDA lending program offers options for borrowers who fall behind in their mortgage payments in an effort to avoid foreclosure. However, one of these alternatives is a servicing center that has now stopped operating during the shutdown, thus leaving these homeowners in a major bind. Without the assistance and no end in sight, these homeowners are facing the possibility of foreclosure.

In response, the advocates who have reached out to the USDA believe that a stay on foreclosure is completely justified. However, until now, the USDA has not made any public statements regarding foreclosures during the shutdown, so it is hard to say how they will respond to this most recent request.

It is estimated that there are approximately one million individuals participating in the USDA direct home loan program, as well as another million enrolled in its insured loan program. These individuals are being hit hard during the shutdown, especially those employed by the federal government. If they were in the process of a foreclosure and working with one of these now closed servicing centers, these individuals are left without any other resources.

According to CoreLogic, approximately 4.1 percent of all mortgages are considered at least 30 days past due on their payments or are in foreclosure. However, foreclosures are said to be down at this point, although they still present a problem for many Floridians as delinquent payments on mortgages are on the rise.

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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 McMaken website at www.miamibankruptcy.com.

Foreclosures

Foreclosure Rescue Scam Targets Hispanic Homeowners in Florida

Posted on December 3, 2018by Admin

A Florida law firm has been accused of running a predatory loan scheme, specifically targeting Hispanic homeowners struggling to pay their mortgage.

A lawsuit was filed last week by the Department of Justice, naming the Advocate Law Groups of Florida, Jon Lindeman and Ephigenia Lindeman as parties accused of violating the Fair Housing Act (FHA). The lawsuit states that the Lindemans violated the FHA by intentionally discriminating against Hispanic homeowners through a predatory mortgage loan modification and foreclosure rescue services scheme, which the lawsuit states ran between 2009 and 2015.

Over the course of these six years, the firm and the Lindemans are accused of using Spanish-language advertisements to target Hispanic homeowners, claiming that the firm could cut their mortgage payments in half. If a Hispanic individual followed up on these advertisements and came in for a consultation, the firm is accused of then promising to lower their mortgage payments in exchange for payment of upfront fees, which could be in the thousands of dollars, in addition to monthly fees.

Once the Hispanic clients made these payments, the firm told them to stop making their monthly mortgage payments and to cease communications with their mortgage lenders. The firm would also follow-up with a packet of documents the borrowers needed to read to understand the process, but these documents were written in English only, with no translation. The borrowers were told that these documents were sent to their bank on their behalf, and they contained statements that included an offer to the bank to return the homeowner’s residence in exchange for a rescission or cancellation of the mortgage without the borrower’s consent. This resulted in many of their clients losing their homes to foreclosure.

These clients who paid high retainers and fees to the firm, in exchange the law firm did very little on their behalf to get loan modifications or reduce their monthly mortgage payments.

It was not until three former clients of the firm filed complaints with the Department of Housing and Urban Development (HUD). HUD investigated the matter and then referred the issue to the DOJ.

The clients allege that they were targeted specifically because of their ethnic backgrounds then taken advantage of because of their lack of understanding of the English language. Had they understood the documents, they claim they would not have lost their homes and gone through the immense stress that followed with this scheme.

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 McMaken website at www.miamibankruptcy.com.

Debt Relief, Foreclosures, Timothy Kingcade Posts

Serious Mortgage Delinquencies Hit 12-Year Low, Florida Sees the Most Improvement

Posted on November 28, 2018by Admin

Mortgage delinquencies declined 8.2 percent in October and almost 18 percent from the same time last year, according to Black Knight. The data showed that there were 165,000 fewer past due loans in October than the month before. Serious delinquencies hit a 12-year low after falling by 14,000 from September and 90,000 on a year-over-year basis, according to the report.

The Sunshine State led the top five states by a 6-month improvement in non-current percentage with a decline of 28.92 percent, followed by Alaska, Oregon, Texas, and New Jersey. This can be attributed to the continued improvement in delinquencies related to the spike seen after last year’s hurricanes Harvey and Irma.

The number of loans in active foreclosures fell 24 percent from the same period last year, with the report highlighting that only 267,000 loans remained in active foreclosure during October, falling by 1,000 from September and by 81,000 from October 2017.

Surprisingly, mortgage prepays increased 14 percent from September. While the number of properties that were 30 or more days past due, but not in foreclosure declined by 165,000 to approximately 1.8 million, those that were 90 or more days past due but not in foreclosure declined by 14,000 to 499,000 properties.

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 McMaken website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Mortgage Delinquency Rates Decline Nationally, But Florida Shows Increase Due to Irma

Posted on August 7, 2018by Admin

Mortgage delinquency rates have declined on a national level, as reported by the monthly Loan Performance Insights Report published by CoreLogic. However, despite the national decrease, Florida residents have seen an increase, which is attributed mostly to Hurricane Irma and the 2017 hurricane season.

According to CoreLogic’s report, as of April 2018, 4.2 percent of mortgages nationwide are in some stage of delinquency. A delinquency means that the mortgage is 30 days or more past due and includes those mortgages that are already in foreclosure. This number shows a 0.6 percentage point decrease in the overall delinquency rate as compared in April 2017. At that time, the percentage was at 4.8 percent.

The report also provided information on the foreclosure inventory rate, which measures the share of mortgages that are in some stage of the process of foreclosure. The rate as of April 2018 was at 0.6 percent, which is down 0.1 percentage points from where it was in April 2017. The foreclosure inventory rate has been steady at the rate of 0.6 percent, which is the lowest rate that has been reported since June 2007, when the rate was last reported at 0.6 percent. The April 2018 rate is the lowest that it has been in the past 11 years.

The purpose of measuring delinquency rates during the early stage of the process helps in analyzing the health of the mortgage market. CoreLogic’s report looks at all stages of mortgage delinquency and transition rates, including the percentage of mortgages that are reported as moving from one stage of delinquency to the next step in the process.

Early stage delinquency occurs when a mortgage payment is 30 days to 59 days past due. This early-stage delinquency was reported at being at 2.2 percent in April 2017 and was reported at 1.8 percent in April 2018. The figures in the early-stage delinquency category can be volatile, so it is for this reason that CoreLogic looks at the transition rates, meaning the number of mortgages that transition to the next stage. The transition rates for mortgages reported in the early-stage to later stage went down from 1.2 percent in April 2017 to 0.8 percent in April 2018. To provide some perspective, at the start of the financial crisis the early-stage delinquency transition rate was at 1.2 percent in January 2007 and 2 percent in November 2008.

The percentage of mortgages at the 60 to 89 days past due remained the same during this time. The mortgages that were reported in the serious delinquency stage at more than 90 days past due were down from 2.0 percent in April 2017 to 1.9 percent in April 2018. It should be noted that this is the lowest the serious delinquency rate has been since 2007 when it was reported at 1.6 percent.

However, despite these decreasing numbers, two states were reported as showing significant gains in the serious delinquency stage. These two states, Florida and Texas, were showing serious negative effects from the 2017 hurricane season. Of the two states, Florida has the most densely populated areas and the longest coastal area. This long coast leads to more exposure to storm surge flooding, putting almost 2.7 million homes at risk during hurricane season. After Florida, Louisiana is second to Florida with 817,000 homes in the “at-risk” area. Texas is right behind in third with 543,000 at-risk homes. Of these three states, Florida and Texas are the ones currently still struggling following Hurricanes Irma and Harvey which hit in 2017. Both states are finding themselves with higher mortgage default rates due to the natural disasters that have hit those states. The percent of mortgages that are in the serious delinquency category with loans that are 90 days past due are doubled than what they were reported in the previous year. In Puerto Rico, another area hit by hurricanes in 2017, the foreclosure rate or 90-day delinquency rate has quadrupled.

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Foreclosures, Timothy Kingcade Posts

The “Mastermind” Behind a Foreclosure Rescue Scam has been Indicted by Feds

Posted on June 30, 2017by Admin

Michael “Mickey” Henschel, accused of leading a foreclosure-avoidance scam that preyed on struggling borrowers, has been arrested and charged with 11 counts related to the scam that made him $7 million. According to the indictment, Henschel owned a Van Nuys-based company that operated under several different names (including Valueline), and illegally marketed foreclosure and eviction-delay services to homeowners in default on their mortgages and renters facing eviction.

As part of the scam, Henschel and his co-conspirators allegedly convinced homeowners to sign fake grant deeds that supposedly showed that the homeowners conveyed an interest in their properties to fictional third parties. Henschel then allegedly filed bankruptcies in the names of fake people to activate the automatic stay provision of the Bankruptcy Code that stops a foreclosure sale.

Henshel charged large fees before agreeing to clear the title to the properties, in addition to the monthly fees paid for the illegal services. During the course of the scam, which ran from October 2010 through July 2013, Henschel and his co-conspirators allegedly collected more than $7 million for the illegal services.

Henschel has been charged with one count of conspiracy, eight counts of bankruptcy fraud and two counts of wire fraud. If convicted, he would serve a statutory maximum sentence of five years in federal prison for each of the conspiracy and bankruptcy fraud counts, while the two wire fraud counts carry a statutory maximum sentence of 20 years.

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

U.S. Bankruptcy Judge Fines Bank of America $45 Million

Posted on April 13, 2017by Admin

Judge Christopher Klein of the U.S. Bankruptcy Court in Sacramento issued a $45 million fine against Bank of America Corp., calling the treatment of a California couple who fought to save their home “brazen” and “heartless.” According to Judge Klein, the bank’s mortgage modification process and mistaken foreclosure on Erik and Renee Sundquist’s home left them in a “state of battle-fatigued demoralization.”

“It is apparent that the engine of Bank of America’s problem in this case is one of corporate culture… not rogue employees betraying an upstanding employer,” Judge Klein said. He added that he hopes the fine is large enough that it will not be “laughed off in the boardroom as petty cash or ‘chump change’.” Most of the money from the fine will go to law schools and consumer advocacy organizations.

The Sundquists’ financial troubles started in 2008 after their construction business closed down due to the economic downturn. The couple later bought a cheaper home outside of Sacramento and borrowed approximately $590,000 from a lender that was later taken over by Bank of America. After which, the bank promised them that they could request lower monthly payments. However, in 2009 when the couple stopped making payments, Bank of America officials said they would not consider a loan modification. Over the next few years, the couple requested loan modifications approximately 20 times. Each time their requests were “routinely either lost or declared insufficient, or incomplete or stale or in need of resubmission or denied without comprehensible explanation,” the ruling said.

In 2010 the couple filed for bankruptcy which halts foreclosure sales. However, the bank still improperly took over the home and gave them a three-day eviction notice. A few weeks after the couple moved out, Ms. Sundquist was hospitalized with stress-related heart attack symptoms.

Bank of America later reversed the sale but never formally notified the couple of the change. According to the ruling, they moved back in several months later.

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Foreclosures, Timothy Kingcade Posts

Trump’s Treasury Secretary Pick Steven Mnuchin’s Bank Foreclosed on Elderly Woman who owed 27 cents

Posted on December 2, 2016by Admin

Reports this week reveal that Donald Trump’s Treasury secretary nominee, Steven Mnuchin’s bank foreclosed on a 90-year-old Florida woman who owed just 27 cents. The practices of OneWest Bank have come under scrutiny since the President-elect announced the onetime Goldman Sachs banker as his pick on Wednesday. More than 36,000 foreclosures followed Mnuchin and partners’ purchase of failed bank IndyMac in 2009.

An 86-year-old California man has also come forward and claimed OneWest refused to modify the home equity loan on the longtime home he shared with his wife, even though they qualified three times for a government-backed modification. The bank sold the couple’s home of 50 years in 2011.

Numerous other outcries similar to these drew more than 100 sign-waving and chanting protestors to Mnuchin’s $26 million mansion in Bel Air.

A Florida woman found herself facing a foreclosure by OneWest in 2014 after confusion about payments on her reverse mortgage, according to court papers. She sent a check for $423 in response to a bill for $423.30, the documents showed.

The OneWest subsidiary responded by billing the Lakeland resident for $0.30, but she mistakenly sent a check back for only $0.03. The foreclosure in Polk County Circuit Court is now being challenged by a nonprofit firm.

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Debt Relief, Foreclosures, Timothy Kingcade Posts

FHA’s New Guidelines Help Struggling Homeowners Remain in their Homes

Posted on August 31, 2016by Admin

New procedures put in place by the Federal Housing Administration (FHA) will help strengthen the process mortgage services currently use and help struggling families stay in their homes and avoid foreclosure.

The updated procedures will streamline the process servicers use to engage borrowers, specifically when evaluating them for the FHA-Home Affordable Modification Program (FHA-HAMP). These changes will reduce the number of steps that a servicer and borrower must take to resolve a delinquency and enter into a loss mitigation home retention product. In addition, FHA is removing certain obstacles that will allow servicers greater flexibility for evaluating an unemployed borrower for a special forbearance agreement.

Here is what homeowners need to know about the new provisions. Specifically, the FHA will:

Require servicers to convert successful 3-month trial modifications into permanent modifications within 60 days instead of the average four-to-six months;
Allow borrowers with three missed mortgage payments to qualify for a partial claim to bring their payments current versus the previous requirement for a minimum of four missed payments;
End the traditional stand-alone Loan Modification option so struggling borrowers can access the FHA-HAMP option, to receive payment relief quicker;
Eliminate the required 12-month term for FHA’s special forbearance option. This will allow servicers to offer this option to more unemployed households.

Related Resources:

www.fhfa.gov

https://rismedia.com/2016/08/28/fha-streamlines-process-to-help-delinquent-homeowners-stay-in-homes/

Debt Relief, Foreclosures, Timothy Kingcade Posts

New York Attorney General Fights Against Zombie Foreclosure Crisis

Posted on August 1, 2016by Admin

New York Attorney General Eric Schneiderman recently announced a grant initiative to fight against the zombie foreclosure crisis. The growing problem has affected hundreds of neighborhoods and towns across the state of New York since the housing bubble burst. The initiative known as, the Zombie Remediation and Prevention Initiative, will give $13 million in grants to local governments across the state through a competitive application process.

The 100 communities dealing with the greatest problems of zombie foreclosures and vacant homes have been invited to apply for the funds. The money will address housing vacancy and the damage to property value in neighborhoods by supporting municipalities’ capacity for housing code enforcement, tracking and monitoring vacant properties and providing legal enforcement to ensure banks and mortgage companies comply with local and state law.

The initiative will also have preventative benefits due to the requirement of communities to develop innovative programs and policies and connect at-risk homeowners to services so they can avoid foreclosure. It also coincides with the recent enactment of the Abandoned Property Neighborhood Relief Act.

The initiative will be funded by the $3.2 billion settlement agreement with Morgan Stanley that was settled in February. The settlement resulted in $550 million in cash and consumer relief for New York residents.

“Too many communities across this state have been hit hard by the proliferation of zombie properties. This new grant initiative puts tools directly in the hands of towns and cities across the state to reverse course, rebuild from the foreclosure crisis and put zombie homes in the rear-view mirror,” Attorney General Schneiderman said.

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Credit, Debt Relief, Foreclosures, Timothy Kingcade Posts

Florida Foreclosure Improvement Still Lagging Behind the National Average

Posted on July 29, 2016by Admin

The nationwide foreclosure filings rate has shown signs of improvement in the first half of 2016. However, the improvement rate in Florida, New Jersey, Illinois, New York and Indiana is still significantly lower than the pre-recession rates and seem to be lagging behind the rest of the country. RealtyTrac released the data from the first two quarters of 2016 that reveal that foreclosure filings are were down 20 percent compared to the previous two quarters in 2015.

Although the foreclosure filings rate is still 21 percent higher than the normal rates, there were 15 states in the first half of 2016 with foreclosure rates that were significantly lower than “pre-housing bust” levels including: Arizona, California, Colorado, Nevada and Michigan.

According to RealtyTrac Vice President Daren Blomquist, the obvious divide between states is largely due to the fact that some states require foreclosures to take place in court, such as Florida. He went on to say, “the root issue that created the dysfunctional foreclosures processes was sloppy and improper documentation on the part of the banks.” Blomquist said that in non-judicial states, “it wasn’t an issue because there wasn’t oversight.”

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