Kingcade and Garcia Archives - Page 21 of 23

Bankruptcy Law, Credit, Timothy Kingcade Posts

6 Steps to Defeat Student Loan Debt Collectors

Posted on March 27, 2015by Admin

President Obama has promised to take action against abusive student loan debt collectors. Through his Student Aid Bill of Rights, his goal is to ensure consumer protections for student loan borrowers. More than 70 percent of college graduates have student loan debt, the second largest source of debt in America.

In the first quarter of 2015 more than twelve percent of student loan debts were in default, according to the National Student Loan Data System. Analysts predict the number of borrowers in default will continue to increase unless something is done.

Below are six steps you can take to help better manage your student loan debt:

1. Contact your lender. Lenders often sell loans, therefore several agencies may be involved in the collection of your debt. The first thing you must do is contact your lender to make sure you have information on any and all balances you have outstanding. You will need to make a list of all of your debts along with the specific lenders and account numbers.
2. Check your credit report. Oftentimes, collection agencies will report student loans multiple times and will report a separate line per semester with different account numbers. Make sure there are no duplicate loans on your credit report.
3. Apply for the rehabilitation program. Contact the collection agency that now has your student loan and explain that you wish to apply for the loan rehabilitation program with more affordable payments. The benefits of rehabilitation include: bringing your loan out of default, repairing the damage on your credit report, and after five months in the program, you can stop any garnishments being taken out of your paycheck or tax refund.
4. Make your payments on time. If you successfully make nine payments on time, your loan will be taken out of collections. In addition, the default status will be removed.
5. Ask the collection agency for a letter to confirm that your loan has been removed from the default status. You will need to request letters from every collection agency that you have been paying.
6. Contact the three major credit bureaus. Once you receive the confirmation letters, contact all three credit bureaus – Experian, TransUnion and Equifax and forward a copy to each of them.

Click here to read more on the 6 steps to defeat student loan debt collectors.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you 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 http://www.miamibankruptcy.com.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Three Tips for Obtaining a Home Loan after Bankruptcy

Posted on March 24, 2015by Admin

Many lenders steer clear of individuals who have recently filed for bankruptcy, which can prove frustrating for an anxious homebuyer. However, obtaining a home loan after bankruptcy is not impossible, if the borrower is prepared to pay a higher interest rate and offer a larger down payment.

Privlo, a private lender that is funded by venture and institutional capital recently financed a mortgage for a million dollar home in San Francisco for a retired firefighter who filed for bankruptcy just one year ago.

Privlo is just one of a handful of lenders that will offer these generous type loans to borrowers who have recently filed for bankruptcy. When borrowers use a lender such as Privlo, Citadel Servicing Corp., or Angel Oak Home Loans, they must be prepared to pay a higher interest rate and offer a larger down payment. The lenders will issue “non-prime” mortgages to borrowers whose finances do not meet the government’s underwriting standards.

The Federal Housing Administration and the Veterans Administration mortgage rules allow for certain borrowers to qualify for a mortgage in as little as two years after their bankruptcy is discharged.

Below are three tips for consumers looking to purchase a home after filing for bankruptcy:

• If only one spouse has filed for bankruptcy, do not put his or her name down on the mortgage application.
• Do your research and look at multiple lenders. Some lenders will be more lenient on their requirements depending on your circumstances.
• If you are considering a non-prime lender, check consumer reviews and talk to other borrowers.

Click here to read more on borrowing after bankruptcy.

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.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Considering filing for Chapter 7 Bankruptcy? Read this FIRST.

Posted on February 23, 2015by Admin

Many consumers unknowingly make detrimental financial mistakes before filing for bankruptcy. These mistakes can ultimately affect the outcome of your case. By avoiding the below mistakes, you can assure your bankruptcy filing goes smoothly and avoid challenges by your creditors and the bankruptcy trustee.

• Do not transfer money or assets: Oftentimes consumers will transfer funds to a family member or change the name on titles to a child or spouse’s name. The court will view these type transfers as fraud, even if you have innocently transferred the property without any intention to conceal it.

• Do not pay off certain creditors: Consumers sometimes pay off certain bills just before filing bankruptcy to satisfy their creditors. However, if a court finds these payments as “preferential transfers” it can lead to “claw back” lawsuits where the court sues the entity you paid to get the money back.

• Avoid using your credit cards: Do not accrue unnecessary debt just because you anticipate it will be erased in bankruptcy.

• Do not make unusual deposits into your bank account: Only deposit salary or wages into your bank account. For example, do not deposit any money in your account that you have borrowed from others or that has been given to you. A tip to small business owners: Avoid conducting transactions for the business through your personal account.

• Do not sue anyone: Any legal claim that you have is an asset that can be taken by the bankruptcy court. Even claims that you may have against others that have not been filed in court, is property of the bankruptcy estate.

• Speak to your attorney before accepting future payments: Bankruptcy court can seize funds that are not actually in your possession, but you expect to receive. For example, if you are receiving an inheritance which will be paid in the future or filing tax returns that result in a refund.

• Waiting too long to file: Many of the mistakes above can be avoided by simply not delaying the filing of your bankruptcy claim.

Click here to read more on mistakes to avoid before filing Chapter 7 bankruptcy.

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, Timothy Kingcade Posts

Consumers Beware: No one can Erase Bad Credit

Posted on February 6, 2015by Admin

The Better Business Bureau is warning consumers to beware of companies making false promises of quick credit repairs. They have seen an increased number of complaints against local and national credit repair companies that are claiming to be able to erase bad credit for upfront fees of $250 or more. So can you actually erase bad credit? Consumers can have credit reporting errors corrected, but unfortunately, if the debt is valid no company can make it disappear.

For a fee, credit repair companies promise to clean up your credit report so you can obtain a car loan, mortgage or even a job. Based on the BBB experience, many of these companies fall short on their promises. After consumers pay these companies, sometimes thousands of dollars in fees, they do nothing to improve the consumer’s credit and simply disappear with the money.

The Federal Trade Commission has the following tips to help consumers avoid the pitfalls associated with these credit repair companies:

•Avoid any company that tells you it can get rid of most or all the negative credit information in your credit report, even if that information is accurate and current.

•Avoid any company that charges an upfront fee for credit repair services. This is against the law.

•Beware of any credit repair company that does not tell you your legal rights and steps you can take to repair your credit score free of charge.

•Avoid any credit repair company that tells you not to contact a credit reporting company directly.

•Avoid any credit repair company that advises you to dispute ALL of the information in your credit report.

•Avoid any company that suggests creating a new credit identity or applying for an Employer Identification Number to use instead of your Social Security number. Not only is this illegal, it leaves consumers open to prosecution for fraud.

Click here to read more on this story.
http://www.theadvertiser.com/story/money/business/2015/01/03/beware-claims-one-can-erase-bad-credit/21251883/

If you are in financial crisis and considering filing for 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, Timothy Kingcade Posts

New Bill Introduced to Forgive Student Loan Debts during Bankruptcy

Posted on February 3, 2015by Admin

A lawmaker has filed legislation in Congress which will allow student loan debt to be treated just as other forms of debt that can be discharged in bankruptcy. As we all know, student loan debt is treated differently in bankruptcy court than credit card debt, auto loans or mortgage debt, and cannot be discharged. Representative John K. Delaney, D-Md., introduced the Discharge Student Loans in Bankruptcy Act (H.R. 449).

In a statement he said, “Student loan debt is dragging down economic growth, keeping the American Dream out of reach for many and is a monthly strain for millions.” Student loan debt continues to increase as the cost of college tuition continues to rise. According to a study by the Institute for College Access & Success, 69 percent of graduates from the class of 2013 left school with an average of $28,400 in student loan debt.

Delaney has backed several bills focused on student loans and financial aid. He is also a cosponsor of the Middle Class CHANCE Act, which increases support provided by Pell Grants. In his previous term, Delaney voted for legislation in the House to prevent student loan rates from rapidly increasing and cosponsored the Truth in Tuition Act, which requires institutions to provide multi-year tuition and fee schedules.

Click here to read more on this story.
http://www.accountingtoday.com/news/education-planning/congressman-introduces-bill-to-forgive-student-loan-debts-during-bankruptcy-73395-1.html

Bankruptcy Law, Credit, Timothy Kingcade Posts

Top 5 Predictions for Student Loans this Year

Posted on February 2, 2015by Admin

Last year, we saw small signs of change and new advocates gearing up to address the student loan crisis. You may be wondering what to expect this year. Here are five predictions for student loans in 2015.

1.) Policy changes. There will continue to be a lot of attention on student loans in Washington. There will likely be a bill passed by a Congressional Democrat, but it will be tough to pass with a Republican-run Congress.

2.) Rising rates. Interest rates will remain relatively stable, with the possibility of increasing towards the end of the year. It has been widely anticipated that interest rates will rise towards the end of this year.

3.) Better student loan options for more people. New companies have entered the market with the goal of “fixing the broken student loan market.” These online lenders focus on giving student loan borrowers a better rate and overall better experience. They focus mainly on refinancing student loan debt into lower interest rate loans. These companies will continue to expand this year, providing more positive options for those with student loan debt.

4.) More talk about the value of an education. Price-conscious consumers will rigorously evaluate the ROI of their education. People will become more educated on the university system today- and determine the high cost of education is economically “worth it” for some schools and degrees, but not as much for others.

5.) Broader attention from investors. Investor demand for student loan assets will increase. The last 1-2 years have seen increased student loan activity in the capital markets- securitizations, whole loan sales and equity investments. There is expected to be more of this in 2015 and an increased demand from investors.

Click here to read more on this story.

Bankruptcy Law, Foreclosures, Timothy Kingcade Posts

Once Popular TV Star Facing Foreclosure

Posted on August 4, 2014by Admin

“The O.C.” star Mischa Barton is facing foreclosure on her Beverly Hills mansion. According to TMZ, Barton has been handed a default notice informing her that she has missed more than $100,000 in payments. She purchased the eight-bedroom, 11-bathroom mansion for $6.4 million in 2005, when “The O.C.” was at its height of popularity and took out a loan for $4.2 million. The show went off the air in 2007 and Barton has been trying to sell the property since 2010 for a reported $8.9 million. Her prior attempts to rent the home at a price of $35,000 a month were unsuccessful.

Bankruptcy Law, Foreclosures, Timothy Kingcade Posts

Former Bank of America Mortgage Employee Facing Prison Time for Taking Bribes

Posted on July 24, 2014by Admin

A former Bank of America mortgage employee has been sentenced to 30 months in prison for pocketing $1.2 million in payoffs to approve the sale of distressed properties for far less than their actual value.

Kevin Lauricella, 29, who has been cooperating with investigators, pled guilty to accepting bribes and falsifying bank records. He was sentenced by U.S. District Judge Otis D. Wright II in Los Angeles this week and was ordered to repay Bank of America $5.7 million in losses and to forfeit a Thousand Oaks home acquired through payouts from the criminal scheme.

Lauricella worked for a Bank of America division that handled delinquent home loans in 2010 and early 2011. During this time, lenders were overwhelmed by defaults on underwater mortgages, creating opportunities for insiders to exploit flaws in bank systems.

The crimes involved short sales. Lauricella collected bribes from so-called “flippers” who bought homes with the intent of quickly reselling them, Katzenstein admitted. He then issued approvals for short sales that were beyond his authority to approve, with sales prices far below the fair market value.

Lauricella made false entries in Bank of America’s computer system to make it appear that higher-ups had approved the short sales, Katzenstein said. When he pleaded guilty, Lauricella admitted approving fraudulent short sales for at least nine properties.

Related Resources:

http://www.latimes.com/la-fi-mortgage-bribe-sentencing-20140721-story.html

Bankruptcy Law, Credit, Timothy Kingcade Posts

Mel Gibson’s Ex Files for Bankruptcy

Posted on February 21, 2014by Admin

Oksana Grigorieva, Mel Gibson’s ex has filed for bankruptcy over her legal debts just years after turning down a $15 million custody settlement. The legal debts are said to be in the range of $250,000. In legal documents obtained by TMZ, Oksana has just $10 in cash to her name. The musician, who is the mother to Mel’s four-year-old daughter Lucia, has $48,000 in assets and $438,000 in debts.

During her custody battle with Mel, Oksana used more than 40 lawyers. At the end of it all, Mel was ordered to pay $750,000 to Grigorieva, which he is paying in installments. According to legal documents, she is receiving $20,000 a month in child support for Lucia, while Timothy Dalton pays her $2,500 for their son Alexander.

Click here to read more on this story.