Foreclosures

Facing Foreclosure? Here’s When You Actually Have to Move Out in Florida.

When someone receives a foreclosure notice, the first thought that often comes to that person’s mind is the fear of losing their home. A foreclosure notice does not mean that someone is automatically out of his or her home. As a homeowner in Florida, you have rights. It is important that any person in this situation understands clearly what those rights are.

Understanding the Timing

A notice of foreclosure does not mean that it will happen immediately. The homeowner has the legal right to remain in the home until the lender successfully completes all foreclosure procedures and sells the home, which can take several months, depending on the circumstances involved.

Florida Bar, Foreclosures, Timothy Kingcade Posts

Big Time Florida Foreclosure Lawyer Accepts Disbarment

Florida lawyer, David J. Stern, whose law firm handled tens of thousands of foreclosure cases during the height of the financial crisis is ending his fight to hold on to his law license. The disbarment will mark the most significant punishment for the attorney’s role in falsifying documents through fake signatures and backdating records and not giving homeowners proper notice that they faced foreclosure.

In late January, the Florida Bar found probable cause for 17 counts against Stern. The alleged violations included misconduct and failure to supervise non-lawyers properly. Stern’s attorney initially said that his client had done nothing unethical and questioned if the Bar could prove his client did anything to merit punishment.

But recently, Stern’s lawyer, Jeffrey Tew, filed a one page document with the Florida Supreme Court stating that his client has decided to end his fight against recommendations that he be disbarred. A referee has also recommended that Stern pay nearly $50,000 in costs to the Florida Bar, claiming that Stern’s actions had “created chaos” in the courts.

The October report included testimony from six judges complaining about Stern and his firm’s lawyers. Judge Nancy Perez contended that Stern’s failure to exercise care was not “isolated, but rather a representation of the culture of the firm, as to the low level of competence and ethics.”


Click here to read more on the story.

Foreclosures, Timothy Kingcade Posts

Top Lenders Fannie Mae, Freddie Mac and Bank of America Stop Foreclosure Evictions during the Holidays

Fannie Mae and Freddie Mac announced that they will halt foreclosure evictions December 20-January 3. For Fannie Mae, the move will not include a stop on court proceedings involving foreclosures, but will at least allow people to stay in their homes through the holidays. Bank of America and Freddie Mac have offered the same courtesy, allowing a greater measure of certainty to families this holiday season.
To read more about this story, please visit:
http://www.miamiherald.com/2010/12/02/1953426/top-lenders-to-stop-foreclosure.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.