Foreclosures, Timothy Kingcade Posts

Record Highs in Foreclosure Processing Time

Foreclosures continue to make headlines. This time it is for the time it takes foreclosed properties to be processed through the legal system. The average loan in foreclosure has now been delinquent a record 631 days, according to a recent report from Florida-based Lender Processing Service.

The effects of “robo-signing” continue to linger in a number of states, requiring cases to go before a judge. The difference in processing time comes down to judicial versus non-judicial states. Non-judicial state foreclosure inventories are less than half those of judicial states, like we have here in Florida.

This discrepancy between judicial and non-judicial states is not new. Prior to the worst of the housing market crisis, loans were 4-5 months more delinquent in judicial states at the time of foreclosure sale. Today, these numbers are closer to 8 months, but are likely to return to the 4-5 month difference depending on the sale of these foreclosed properties.

New foreclosures continue to outnumber foreclosure sales 3:1, with repeat foreclosures making up nearly 45 percent of new foreclosures. On the other hand, loans from 2010 and 2011 are now the best performers on record due to strict credit requirements.

Recovery is predicted to be a slow one. With a record-high inventory of foreclosures combined with the already historically high existing home inventory, these distressed foreclosure properties will sell at a deep discount, which is likely to bring down the prices of surrounding homes.

To read more on this story visit: http://www.cnbc.com/id/45507581

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.

 

Foreclosures, Timothy Kingcade Posts

Another Robo-signing Law Firm Brought to Justice

One of the largest foreclosure mills in the country, Steven J. Baum, P.C., in Amherst, New York is required to pay $2 million and make significant reforms as a result of a settlement agreement reached on October 6, 2011. Most significantly, Baum employees may no longer sign mortgage assignments as officers of Mortgage Electronic Registration Systems, Inc. (“MERS”).

Tens of thousands of homeowners have lost their homes in cases where Baum employees signed mortgage assignments as officers of MERS. In most cases, these employees assigned mortgages to mortgage-backed trusts so that the trusts could foreclose; even though such transfers did not take place on the dates and in the manner set forth on the Baum assignments.

These Baum Assignments appear throughout the New York courts, but often in the Courts of other states as well. Two million is also the amount paid by the Law Offices of Marshall Watson in Florida, whose associates engaged in similar practices of signing as MERS officers, assigning mortgages after foreclosure actions were initiated.

This is a first-of-its-kind settlement and further relief may be forthcoming, from both criminal prosecutions, the NY Bar, and from private class action and RICO lawsuits brought by private litigants.

To read more on this story visit: http://frauddigest.com/fraud.php?ident=4729

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 this topic or 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.

 

Foreclosures, Timothy Kingcade Posts

Foreclosures increase in South Florida indicating Mortgage Lenders have worked through Paperwork Problems

New reports from two industry experts indicate that lenders are beginning to speed up their home-repossession practices, which have been delayed due to last year’s “robo-signing” scandal.  Third-quarter foreclosure filings rose 13.2 percent to 9,170 in Miami-Dade County, compared to the previous quarter, according to data released Thursday by real estate research firm RealtyTrac. In Broward, total filings were up 36.9 percent in the third quarter to 7,712.

The increase in foreclosure filings is an indication that foreclosures delayed by the slowdown are beginning to work their way through the system. Current foreclosure totals are still far below last year’s numbers, but the trend is starting to shift upwards. The increase in new initial filings of foreclosure is a national trend; new default notices increased 14 percent nationwide in the third quarter.

To read more on this story visit: http://www.miamiherald.com/2011/10/13/2451238/foreclosure-filings-back-on-the.html#ixzz1ahVvm7Dd

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.

Foreclosures, Timothy Kingcade Posts

Low Income New Yorkers Suffer due to Lack of Legal Representation

Lack of representation in foreclosure actions has resulted in a number of low-income New Yorkers unjustly losing court battles and even their homes due to not being able to afford adequate legal representation needed to fight baseless legal claims.

The state’s executive deputy attorney general testified that this lack of individual representation in foreclosure actions is one reason there has been systematic abuses of the legal system by lenders and debt collectors.

The top judge recently created a panel to aid the estimated 2.3 million and growing number of low-income New Yorkers who have no legal representation in civil cases ranging from child custody matters to home foreclosures.

To read more on this story visit: http://www.timesunion.com/local/article/AG-s-office-Systemic-abuse-of-lawyerless-2200618.php#ixzz1ZlrDSHNG

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.

Foreclosures, Timothy Kingcade Posts

Burt Reynolds Florida Home in Foreclosure

It seems that even Hollywood celebrities are not exempt from financial difficulties these days. Burt Reynolds joins the list of Hollywood celebrities that recently had their home foreclosed upon. The 4-acre waterfront estate the actor owned in Hobe Sound, Florida had a $1.2 million mortgage on the house, which reports state had not been paid since September 2010.

Merrill Lynch is asking a judge to order the Reynolds’ home be sold to satisfy all debts, including a $750,000 second mortgage held by Bank Atlantic. It is reported that the Mediterranean-style home, which has a swimming pool, private beach, boat dock, cinema and its own hair salon, is valued at $2.4 million.

To read more on the story visit:

http://abcnews.go.com/Entertainment/burt-reynolds-bottoms-florida-foreclosure/story?id=14324008
http://money.cnn.com/2011/08/17/real_estate/burt_reynolds_foreclosure/index.htm
http://www.huffingtonpost.com/2011/08/18/burt-reynolds-facing-foreclosure_n_930443.html

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.

Florida Bar, Foreclosures, Timothy Kingcade Posts

Foreclosure Firms Face Action from the Florida Bar

This month, the Florida Bar investigated 43 reports of foreclosure fraud involving 32 lawyers. The investigation prompted the Florida Bar to add a new category solely for foreclosure fraud complaints. To find new cases, the head of the Florida Bar is asking judges around the state to report lawyers who break the rules, pointing specifically to news coverage of claims about foreclosure suits. Judges have been asked to send in copies of any orders they write that mention misconduct, in foreclosures or anywhere else.
Florida Attorney General, Bill McCollum’s office opened investigations of three high volume South Florida foreclosure firms which included: the Law Offices of Marshall C. Watson, the Law Offices of David J. Stern, and Florida Default Law Group. It’s reported that fraud arguments are still rare in foreclosures, but recently Florida is seeing more defense lawyers trying them. It’s argued that for some, the goal is just to delay a foreclosure, not resolve the debt. Bad documentation isn’t evidence of fraud as much as a sign that law firms are trying to handle a lot of work fast and cheap.
To read more on this story, visit http://jacksonville.com/news/florida/2010-11-15/story/foreclosure-firms-facing-action-florida-bar.
 If you have any questions on the topic of foreclosure, please feel free to contact foreclosure defense attorney, Timothy Kingcade at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.