Foreclosure Archives - Page 5 of 19 - Kingcade Garcia McMaken, P.A. Bankruptcy Attorneys

Credit, Foreclosures, Timothy Kingcade Posts

Florida Homeowners find a way to “Free” Foreclosed Homes

Posted on April 3, 2015by Admin

States such as Florida, New Jersey and New York have a five or six year statute of limitations on foreclosure cases. This allows cases of foreclosure to potentially be thrown out of court if dragged on for five or more years. Many Florida homeowners are using this statute of limitations to stay in their homes without having to make another payment to their lender.

Many defaulting homeowners continue to live in their homes after the foreclosure process has begun. For example, Bank of America has started the foreclosure process on approximately 20,000 mortgages that have not been paid in five or more years and 90 percent of those homeowners are still living in their homes.

While the issue is still being argued in the court system, Florida attorneys say lenders have five years to file a foreclosure once a homeowner defaults on his or her mortgage. The lenders argue that the clock resets every time a homeowner misses a payment.

Florida attorneys argue that once a foreclosure case is dismissed for technical reasons, the lender cannot re-file a foreclosure on the home because the statute of limitations has passed. However, in these types of cases the lender can keep a lien on the home that must be paid off before it is sold.

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.

Credit, Foreclosures, Timothy Kingcade Posts

Refinance with HARP before Mortgage Rates Increase

Posted on March 19, 2015by Admin

The Home Affordable Refinance Program (HARP) is a program that was set up in 2009 to assist struggling homeowners in refinancing their homes- reducing mortgage payments by an average of $3,000 a year. It has also allowed homeowners to pay their mortgages off faster. Taking advantage of the benefits HARP has to offer can reduce your monthly mortgage payments and pay your mortgage off in less time.

How do you know if you qualify for HARP? If your mortgage is $625,000 or less, you most likely qualify for the program. HARP was created by the Government as a way to help the economy recover from the recession. Homeowners who have refinanced through HARP have saved an average of $250 a month. But you must act NOW! These valuable benefits are set to expire at the end of this year.

Click here to read more about how to reduce your mortgage payments through HARP.

Foreclosures, Timothy Kingcade Posts

‘Zombie’ Homes Decreasing Neighborhood Property Values

Posted on March 12, 2015by Admin

Zombie homes are the name given to homes that are in the process of being foreclosed upon and have been abandoned by the property owner. In Florida, banks are not legally obligated to take care of properties until the foreclosure process is complete.

Unfortunately for nearby homeowners, the families who are foreclosed on are not the only ones who suffer. For example, in Florida a house worth $250,000 before the housing market crash is now worth only $68,000, due in part to zombie homes in the neighborhood. Zombie homes significantly impact the value of other homes in the neighborhood.

The State of Florida has more than 35,000 zombie homes, which is more than three times the national average, according to RealtyTrac. Many of the abandoned homes have overgrown lawns, plagued by snakes, spiders or other insects. Another common problem among these types of homes is “squatters,” who move into the vacant properties and then file for adverse possession, claiming that they now own the property because they have been living there for a certain amount of time.

Some states are in talks to pass a “Zombie Prevention Bill,” which would hold banks accountable for properties while in the process of foreclosure.

Click here to read more about the toll zombie homes are taking on Florida neighborhoods.

Foreclosures, Timothy Kingcade Posts

South Florida Couple Accuses Wells Fargo of Fraud

Posted on March 3, 2015by Admin

A South Florida couple claims that Wells Fargo engaged in fraud when it accepted thousands of dollars in exchange for a promise of a permanent loan modification, which was never delivered. The Federal lawsuit centers on the issue of a “Trial Period Plan.”

After falling on hard times, the couple received an offer from Wells Fargo called a Trial Period Plan. The letter began by stating, “”Wells Fargo Home Mortgage wants to continue to work with you to modify your mortgage.” According to the letter, the family “must make new monthly ‘trial period payments’ in place of (their) normal monthly mortgage payments” at a little more than $2,000 and “after all trial period payments are made, (their) mortgage will be permanently modified.”

After making three payments, and several more, Wells Fargo worked to reschedule the foreclosure sale and no permanent loan modification was granted. “It felt like the rug got pulled out from under us. Because of the fact that we’ve given them everything and they still said, ‘No, you’re denied.’ It was very frustrating. Because you’re going through this modification process, you’re doing what the bank asks you to do because we’re told to trust the bank,” the family said.

The family’s attorney is accusing Wells Fargo of misleading the couple with broken promises, acting maliciously, and breach of contract. They are seeking injunctive relief to protect the ownership and title of their home and $75,000 in damages.

The lawsuit also alleges that Wells Fargo had “no intention of offering such permanent loan modification … by inducing Plaintiffs into making thousands of dollars of additional payment (that could not otherwise be collected) with the false promise of a loan modification Defendants, Wells Fargo, can collect more from the distressed homeowner, than the $4,000 maximum incentive payment collected under Defendant, Freddie Mac, loan modification program.”

Click here to read more on this story.
http://www.local10.com/news/south-florida-couple-claims-wells-fargo-engaged-in-fraud/31341328

Foreclosures, Timothy Kingcade Posts

Foreclosures decreased in Broward, Palm Beach Counties last year

Posted on January 30, 2015by Admin

Foreclosure cases dropped sharply in South Florida last year, another sign the housing market is recovering. Broward County had 6,287 filings in 2014, a 42% decline from 2013 and Palm Beach County had 3,920 filings, down 55 percent from the previous year, according to RealtyTrac.

Some real estate experts predict a new wave of cases this year, but it will not be enough to derail the housing market recovery- and it may even be a good thing because it will put more homes on the market for avid buyers. Others argue that these foreclosed homes typically are not in good condition because of poor maintenance, and a fewer number of foreclosures and a steady increase in property values will reduce the number of “desperate sellers.” A decline in these desperate sellers could mean we see better quality homes hitting the market.

Although total filings fell 24 percent in Florida last year, the state still ranked No. 1 in foreclosures nationwide, with 2.3 percent of all Florida housing units receiving a notice in 2014.

Click here to read more on this story.
http://www.sun-sentinel.com/business/realestate/fl-realtytrac-foreclosures-20150115-story.html

Foreclosures, Timothy Kingcade Posts

How to Bounce Back after Foreclosure

Posted on January 27, 2015by Admin

Going through a foreclosure can be a traumatic experience, but it doesn’t mean you can never own a home again. If you have recently been through a foreclosure, here are some ways you can bounce back and put yourself back on the path to homeownership.

• Clean up your credit. The first step on the road to recovery is rebuilding your credit score. According to a recent study by FICO, the higher your credit score before the foreclosure, the longer it takes to fully recover. For example, a homeowner with a credit score of 680 would take around three years to get back to their pre-foreclosure credit score. But a homeowner who started out with a score of 780 would require seven years after a foreclosure to return to their pre-foreclosure credit score. The best way to repair your credit is to keep using credit- RESPONSIBLY. To avoid missing a payment, set up automated payments. The biggest mistake people make is cutting up their credit cards or closing out lines of credit. This leaves you with a large gap in your credit history. Lenders want to see that you are using credit regularly in a responsible way.

• Putting in the time. You will need to find a lender willing to offer you a mortgage. Some government backed loans can help speed up the process. For many people, an FHA loan will be the quickest path back to homeownership. After a foreclosure, the government requires a three-year waiting period before you can qualify for another FHA-backed loan. Fannie Mae and Freddie Mac loans have an even longer wait time. Those lenders both require a seven year period before you will be considered for a new loan. There are exceptions. For example, if you can prove that the foreclosure was the result of an unexpected job loss or a death in the family.

• Tax Obligation. It comes as a shock to many that the federal government considers a forgiven debt as a form of income, which means you may have to pay income tax on a foreclosure. Congress passed a law in 2007 that exempted up to $2 million in forgiven debt in most cases of foreclosures. The law expired at the end of last year, but if your foreclosure was finalized before then, you will likely be in the clear. Even if you do not qualify under this act, there are other exceptions. For instance, in cases of bankruptcy the government will not pursue you.

Click here to read more on this story: http://www.foxnews.com/leisure/2015/01/23/how-to-bounce-back-after-foreclosure/

Foreclosures, Timothy Kingcade Posts

Music Producer Jermaine Dupri Facing Foreclosure

Posted on December 12, 2014by Admin

Jermaine Dupri who has produced hits for artists including Usher and Mariah Carey is reportedly losing his multimillion dollar Atlanta mansion. Foreclosure documents reveal the songwriter / rapper failed to make monthly payments on the 19-room, 9,441-square-foot home. He reportedly owes $2.5 million.

Public records show the property is valued at nearly $3.7 million. This is not the first time the music producer has faced financial troubles. His mansion was up for foreclosure and set to be auctioned in 2011 and 2012. Both of those sales were canceled. Dupri has lived in the home for 10 years.

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Foreclosures, Timothy Kingcade Posts

‘Condo Takeover Schemes’ – The New Foreclosure Threat?

Posted on October 20, 2014by Admin

In the wake of the foreclosure crisis, condo takeover tactics have emerged. Here’s how it works- Real estate investors buy up foreclosed condo units in a building, then take control of the building’s condo association, which allows them to set condo fees at whatever level they choose. By inflating these fees beyond what the occupants can afford many longtime condo owners are at risk of being priced out of their homes.

Condo owners in a Reading, Pennsylvania, subdivision were pushed out of their homes after a real estate development company bought up foreclosed units in the complex and then took control of the association. Using a Pennsylvania law, the investor then dissolved the condo association, allowing it to place the nearly 100 units in the complex for sale. The attorney who represented many of these condo owners told NBC that the developer offered the remaining owners buyouts valued at just one third of their mortgages. Finding that they are suddenly underwater, many of the owners lost their homes.

Housing experts say the practice fits with a broader trend of investors buying foreclosed properties, then hiking up rents and other fees, sometimes evicting longtime residents, usually renters, out of their homes.

Click here to read more on this story.
http://www.nbcnews.com/feature/in-plain-sight/condo-takeover-schemes-can-pose-new-foreclosure-threat-n215316

Foreclosures, Timothy Kingcade Posts

Florida’s “New” Foreclosure Initiative Favors Banks not Homeowners

Posted on September 15, 2014by Admin

In the past year, Florida judges have been working under explicit directions from the state Legislature and Supreme Court to get rid of old foreclosure cases and clear the court dockets- largely by awarding tens of thousands of homes to the banks.

The state’s so-called “foreclosure initiative” is set on clearing the court system of cases and cutting the time it takes banks to foreclose. This is a nightmare for many underwater homeowners struggling to hold onto their homes.

State legislative and judicial leaders have ignored the ramifications of foreclosing on thousands of families and turning these properties over to the banks. In an attempt to clear the backlog of foreclosures, the state has set up a parallel legal system in which judges hear only foreclosure cases — often more than 100 motions a day — in courtrooms set up solely for that purpose. In another twist, the rules will differ from those that guide civil law in other types of cases in Florida and across the country.

Homeowners and foreclosure defense attorneys are outraged, saying “the state’s entire court system is being compromised” and they are not getting a fair hearing in a legal system that is favoring the banks from start to finish. In statements from the bench and other public forums, judges have made it clear that speed is their top priority. The rights of homeowners come, at best, second.

The state Supreme Court set a target of disposing of 256,000 foreclosure cases each year for three years. That works out to about 700 cases per day. The courts have gone as far as to hire retired judges solely to hear foreclosures and case managers. These clerks and judges schedule hearings and trials even if both parties do not consent.

According to data collected by the state, one judge in Broward County closed 786 cases in a single day! Overall, Florida judges disposed of 193,922 foreclosure cases in the first nine months. Not surprisingly, the overwhelming majority of those judgments were against homeowners.

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Foreclosures, Timothy Kingcade Posts

Miami Heat Star Dwayne Wade’s Suburban Home Facing Foreclosure

Posted on August 26, 2014by Admin

NBA star Dwayne Wade’s former suburban Chicago home is facing foreclosure. According to TMZ, the Miami Heat guard is worth approximately $100 million, and brings in roughly $30 million a year. So you are probably wondering, why the foreclosure? Wade lived in the 7,800 square foot home with his wife and children until 2007, when the couple divorced. Just last year Wade settled with his ex-wife for $5 million and relinquished ownership of the home.

His wife receives $25,000 a month in spousal support. After being awarded the house last year, Wade’s ex-wife stopped making payments on the mortgage and this month the bank filed a foreclosure notice for the $225,000 balance. Since Wade’s signature was on the original mortgage papers, the bank is asking him to pay up, but the NBA star’s attorney has stated that his client has no further payment obligations on the home.

The six bedroom, seven bathroom home is currently listed at $1.2 million. The South Holland home sits on a 3.2 acre lot, has a sports theater room, exercise room, a sauna, a pool and includes a two bedroom guest house. The listing also mentions that “some custom furniture may be for sale by the owner.”