Tag: Kingcade Garcia McMaken

Credit, Debt Relief, Timothy Kingcade Posts

Cyber Monday: Online Shopping Safety Tips

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Cyber Monday is expected to be the biggest online shopping day of the year with $6.6 billion in sales. While consumers are busy capitalizing on the best holiday deals, it is important to remember to safeguard your personal information and shop safely. Scammers will be working overtime today and throughout the holiday season looking for ways to access shoppers’ personal information to open up new account in their names, take out loans, and even file for unemployment assistance.

Shopping online has become the preferred method of shopping for many consumers.  In fact, according to Adobe Digital Insights consumers have spent $28.6 billion shopping online the first 21 days of November, up nearly 18 percent over last year.

The biggest threat consumers’ face when shopping online is identity theft.  When you shop online, a lot of your personal information is required for you to make a purchase.  Make sure you are shopping online at credible websites, merchants and trusted retailers.  Be wary of websites that are selling “too good to be true” offers.  Usually, they are just that.  Verify a secured connection by looking for a padlock in the browser address bar and make sure the web address starts with https://.  The “s” stands for secured.

Here are some additional online shopping safety tips to remember this Cyber Monday and throughout the holiday season.

  • Make sure you are purchasing items using a credit card with a chip in it. The e-chip generates a unique code for each transaction.
  • Do not use free Wi-Fi on your mobile device. When shopping online, make sure you are using a secure Internet connection.  Do not do any sort of transaction that involves personal, financial, or credit card information while using an open and unsecured Wi-Fi connection.  Use your own data plan or home wireless system to purchase online safely. Not doing so can leave you vulnerable to fraudsters adding malware to your device and when you go to make a purchase or login to your bank account, they can record sensitive personal information and passwords.
  • Beware of phishing scams. This is how many criminals get your credit card and personal information, often posing as trusted retailers like Amazon and Wal-Mart, offering huge discounts.  Never click on the links provided in these emails.
  • Dedicate only one credit card to online purchases. Credit cards generally offer better purchase protection and fraud dispute than other payment method.  Use a second account to pay bills, groceries, etc. This way if the card is compromised, it is easy to simply close out the account and request a new card.
  • When entering payment information online, you should verify that HTTPS is in your address bar to protect yourself from identity theft. URLs that begin with https:// instead of the standard http:// are secured by SSL – an internet security protocol.
  • Do not be fooled by confusingly similar website and domain names. Pay close attention to your retailer’s URL when shopping online.

The Department of Homeland Security offers useful and practical information at StopThinkConnect.org. Another online shopping consumer resource is the National Cyber Security Alliance at StaySafeOnline.org.  If you have been a victim of cyber crime, or get suspicious phishing emails, report them to the FBI Internet Crime Complaint Center at IC3.gov. This site posts alerts on data breaches and emerging internet crime schemes.

If you have any questions on this topic or 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Related Resources:

http://www.sun-sentinel.com/features/deals-shopping/sfl-cyber-monday-online-safety-tips-from-a-cybersecurity-expert-20171126-column.html

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

7 ways to rebuild credit after filing for bankruptcy

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Nearly 800,000 people filed for bankruptcy in the United States last year.  Several counties in Florida made the top 100 areas for the highest incidence of bankruptcy, including Miami-Dade County, which saw more than 400 personal filings per 100,000 people from April 2015 to March 2016.

Chapter 7 is often the most preferred method of filing because it involves no repayment of debt and in states like Florida, exemption laws can be used to benefit and retain property throughout the filing process.  In fact, Florida has one of the most generous homestead exemptions in the country.  You can exempt an unlimited amount of value in your home or other property covered by the homestead exemption.

It is important consumers know that immediately after filing for bankruptcy they can begin improving their credit score.  Here are seven steps you can take to begin rebuilding your credit after filing for bankruptcy.

  • Know your credit score. Go to annualcreditreport.com and pull your three credit reports (Experian, Equifax and TransUnion). Make sure all of the debts affected by the bankruptcy are listed.  Also confirm all information is accurate on each of the reports.
  • Pay bills on time and in full. Raising your credit score after bankruptcy is all about getting back to basics. Set calendar reminders or set bills on auto-pay so you are not late on a payment.  Do not spend more than you can afford each month and pay your cards off in full so you do not incur any interest charges.
  • Open a new bank account. When you open a new checking or savings account you are demonstrating financial stability. This can also provide you with a clean slate to practice good financial habits.
  • Apply for a secured credit card. These cards are one of the easiest ways to build credit and improve your credit score. Secured credit cards borrow money against a deposit the consumer has already made. Compare interest rates and select a card with the best rate and low annual fee.
  • Create and stick to a budget. This should be based on your income minus expenses for rent, utilities, groceries and other expenses. Creating a budget will help you stay on track when it comes to your finances.
  • Start a savings account. Having an emergency savings means you will be less likely to have to access credit when an unexpected expense occurs. Research shows that having as little as $250 saved up for an unexpected expense can protect you from having to resort to pay day loans and credit cards.
  • Be patient with yourself. If you made mistakes, learn from them. You should not feel ashamed after filing for bankruptcy.  The more active of a role you take in rebuilding your credit, the sooner you can bounce back after bankruptcy.

If you are in a financial crisis and are 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Credit, Debt Relief, Timothy Kingcade Posts

Debt Consolidation: What will it do to my credit score?

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Accumulating debt each month can be stressful and overwhelming.  As you research options to lower or eliminate your debt, consolidating credit cards or loans may seem like a good option.  But many wonder what effect this will have on their credit score.  It all depends on how you consolidate and what you do with your debt moving forward.

  • Debt Consolidation Loans. This is one of the most popular forms of consolidation. But finding a loan that has decent terms, when you have less than perfect credit can be challenging.  Double-check certifications to make sure that you are working with a legitimate consolidation company.  Scams are prevalent in the loan consolidation business.  Effect on Your Credit: Consolidating credit cards with high balances using an installment loan with fixed monthly payments may improve your credit rating for a period of time. But at the same time, any new loan can cause a short-term dip in your credit score.
  • Debt Management Plans (DMPs). These type plans are oftentimes confused with debt consolidation. DMPs are offered through credit counseling agencies.  You make a “consolidated” payment to the counseling agency, which then pays your creditors- usually at a reduced interest rate.  This option requires you to close or suspend your credit card accounts. Effect on Your Credit: If you have a good credit score and adhered to a creditor’s repayment terms in the past, a DMP could have a negative impact on your credit as it indicates that you are experiencing or have experienced difficulty with payments.
  • Credit Card Debt Transfer. Transferring high interest credit card debt to a card with a lower rate or 0% interest rate card is another way to consolidate.  However, it is important to always read the fine print.  Effect on Your Credit: It depends on how you use the transfer. You will often see a temporary dip in your credit score when opening a new card.  You may also lose points if you open a new card and use a majority of the credit line to consolidate.

Paying down debt can have a tremendous impact on your credit scores. The biggest risk, though, is that it is easy to run up new balances on the cards you paid off in the consolidation.  When paying down debt, periodically check your free credit report to see where you stand.

If you have any questions on this topic or 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Related Resources:

http://blog.credit.com/2017/11/will-debt-consolidation-help-or-hurt-your-credit-64133/

Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Federal Judge Sides with Debtor Finds Law Firm’s Debt Collection Notice “Misleading”

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U.S. District Judge Timothy J. Savage of the Eastern District of Pennsylvania denied the Law Offices of Frederic I. Weinberg & Associates’ motion for summary judgment and granted plaintiff Ronn Homer’s motion for summary judgment, holding that the law firm in violation of the Fair Debt Collection Practices Act (FDCPA) in its validation notices.

“We conclude that the validation notice in this case violates the FDCPA because it misleads and deceives the debtor about how and when to dispute the debt,” Savage wrote in his opinion on November 9, 2017. “The notice leads the debtor to believe that he may dispute the debt orally when only a written notice of dispute is effective. It also requires the debtor to act to dispute the debt in less time than the FDCPA provides.”

The crux of the case was in the meaning of a sentence in the debt collection notice: “Unless we hear from you within 30 days after receipt of this letter that you dispute the validity of the debt, or any portion thereof, this office will assume the debt is valid,” said Savage.

The plaintiff alleged that the notice creates confusion about how to dispute the debt and the timeframe in which to do so. He argued that the letter misleads the debtor into believing that the law firm must receive the notice of dispute within 30 days rather than that the debtor must send the notice within that timeframe.

In the end, the debtor prevailed and the judge concluded, “The letter here is misleading.  It creates the impression that the debtor can dispute the debt by calling the debt collector. The phrase ‘[u]nless we hear from you’ imparts the understanding that the debtor can dispute the validity of the debt orally. Contrary to Weinberg’s characterization, ‘hears from you’ is not a colloquial phrase that a reasonable debtor, let alone a least sophisticated debtor, would construe to mean that a dispute must be in writing,” Savage said.

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If you have any questions on this topic or 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

What you need to Know about Student Loan Interest

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Most college students are unaware how loan interest or capitalization works, according to a recent study.  Opting to delay payments after college or graduate school can determine how much you pay over the lifetime of your student loans.

When the interest on a student loan capitalizes, the accrued interest is added to the principal balance, which is the original amount borrowed.  For that reason, the interest charges increase because it is now based on the new higher principal.

Here are 5 examples of when capitalization occurs with federal student loans:

  1. Not making interest payments during school and during the grace period. For undergraduate and graduate unsubsidized Stafford loans, interest begins to accrue immediately after the loan is dispersed.  Subsidized loans are the best option for students, where the federal government pays the interest while the borrower is in school.
  2. Switching from an income-driven repayment plan. It is important borrowers know that just because they are enrolled in an income-driven repayment, Income-Based Repayment Plan or Pay As You Earn (PAYE), this may not be covering all of the interest accruing on the loan. While some income-driven plans stop capitalizing interest after 10 percent of the original loan balance has been paid, there are consequences from switching out of these plans. For example, unpaid accrued interest will capitalize when a borrower no longer qualifies for a financial hardship, fails to provide proper documentation for the plan’s annual enrollment or exits the plan.
  3. Forbearance or deferment. A borrower needs to be careful when selecting these options and know the consequences. Interest is still accumulating on student loans even though the loans are in forbearance or deferment.  This loan interest can accumulate quickly.
  4. Consolidation of federal loans. Consolidating multiple loans into one direct loan, means you are creating an entirely new loan.  It is important to consolidate right after graduating as a measure to reduce the capitalization interest that comes with federal loan consolidation.  Waiting longer to do so typically increases the principal balance.
  5. Defaulting on a student loan. Interest that was outstanding at the time of default will be capitalized.  The principal amount will not only become larger, but the entire balance will be due and payable immediately.

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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 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

 

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

Appellate Court Rules Miami-Dade Judge Erred in Denying Foreclosure

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“The trial court was not authorized to deny foreclosure merely because it believed the borrower signed a ‘bad bargain,’ ” wrote Third DCA Judge Richard Suarez, with Chief Judge Leslie Rothenberg and Judge Vance Salter concurring. “ We thus reverse the entry of involuntary dismissal and remand for entry of final judgment of foreclosure.”

The appellate panel ruled the court improperly excluded evidence and based judgment partially on a defense the homeowner’s counsel did not raise.  The homeowner, Alfredo Brito was making his monthly mortgage payments as usual when in June 2008 his payment was rejected by his loan servicer.  From then on no more payments were made.

Two years later, the loan servicer advised Brito he was in default and demanded $60,000 as a remedy. Lender Deutsche Bank National Trust Co. then brought a foreclosure proceeding.  Brito’s original loan servicer was absorbed by Ocwen Loan Servicing in 2012.  Miami-Dade Circuit Senior Judge Judith Kreeger excluded the demand letter and the payoff printout when she should have admitted them, the appellate court ruled.

“Brito was elderly, suffered from dementia and paid religiously and was forced into foreclosure because of the predatory financial product,” said his attorney.  “Under the circumstances, it’s appropriate to require Ocwen to comply with the rules of evidence and Florida Supreme Court precedent. No court is authorized to grant the equitable relief of foreclosure if there is unclean hands or insufficient evidence of standing to foreclose merely because the borrower defaulted on their mortgage,” he continued.

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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.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Increase in Personal Bankruptcy Filings among LuLaRoe Consultants Spark Speculation

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A number of women who currently or formerly sold clothing through LuLaRoe have seen income from their “small businesses” decline dramatically in recent months, forcing some of the women to file for bankruptcy.

The personal bankruptcy filings- from January 2016 to October 2017- came up during a search of court records because the women or couples filing said they were “doing business” as Lularoe or LuLa Roe.”  At least 24 have been identified, but it is estimated the number is much higher.

Experts noticed on average that the families reported a “quick downward fall” in income from their business from around 2015 to when they filed.  For example, one woman, a single mom in California reported she made $61,330 in 2016 from “operating a business,” which is presumed to be her LuLaRoe business since it is the only one she says she owns.

But from January to July 2017, she had only made $10,547.42 from her business, less than half she had made midway through the year before. She reported her average net income in 2017 from her business was $184.39 a month.

She was spending just as much in some months, if not more, on “operating expenses” for her business as she was making, according to the filing.  For example, in May 2017 she earned $1,796.12, but spent $2,666.13 to keep her business afloat.

She lists $28,991 in assets and $8,000 worth of “inventory.”  Her $85,253.43 in debts include thousands of dollars on multiple credit cards and almost $1,000 owed to her Paypal merchant account.  She filed for bankruptcy in July of 2017.

Some of the other women identified, listed unpaid unsecured business loans, which shows a “clearer tie to the LuLaRoe” business.”

The co-founders of LuLaRoe appeared on CBS This Morning to speak out against the recent allegations the company is facing about merchandise quality and refund policy complaints.  A $1 billion lawsuit was filed on October 23 by two former consultants on behalf of all LuLaRoe consultants alleging the company is operating a pyramid scheme.

If you have any questions on this topic or 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Related Resources:

https://www.cbsnews.com/news/lularoe-clothing-retailer-founders-speak-out-against-pyramid-scheme-accusations/

https://www.buzzfeed.com/stephaniemcneal/lularoe-bankruptcy?utm_term=.bjkXAJ1kn#.vva5gXLwK

Debt Relief, Foreclosures, Timothy Kingcade Posts

Phony South Florida “Lawyers” Face Prison Time after Scamming Distressed Homeowners

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A number of South Florida homeowners were recent victims to two scam artists, posing as attorneys promising mortgage relief, but instead pocketed the upfront fees they charged.  Joseph Anton Hilton and Adam Todd Forman plead guilty to federal charges in connection with the scheme.

Authorities say the pair operated phony law firms based in Coral Springs, Boca Raton and West Palm Beach, FL.  The pair posed as lawyers and even manipulated real attorneys into working on their behalf. They tricked homeowners into paying legal fees in lieu of making mortgage payments. Hilton and Forman targeted homeowners across Florida and in other states, including New Jersey and Ohio, according to authorities.

The Florida victims were from cities including Sunrise, North Palm Beach, Cooper City, Miami, Fort Lauderdale, Hollywood, Miramar and Delray Beach.

The Attorney General’s office said the fake law firms had more than 300 clients who could have potentially been harmed.

Click here to read more on this story.

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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Foreclosures

Struggling with Bad Credit? Here are some ways you can still qualify for a Mortgage

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Having a poor credit score, does not necessarily mean a home is out of reach.  There are organizations and resources available to help homeowners get assistance with a down payment and find lenders willing to work with them.

Here are few options that are worth looking into:

FHA Loans.  These type loans, insured by the Federal Housing Administration (FHA) have flexible lending requirements and if you have a credit score of at least 580, you may qualify for a FHA loan requiring a down payment of no more than 3.5%.  Have a credit score between 500 and 579?  You can still get approved, but you will have to provide a down payment of at least 10 percent.

VA Loans. VA loans are reserved for eligible veterans and do not require a down payment or mortgage insurance. There is not a set minimum credit score for VA loans.  Lenders who offer these loans will have their own credit requirements.

Good Neighbor Next Door Program. The Good Neighbor Next Door program is offered by the Department of Housing and Urban Development (HUD) and is reserved for teachers, law enforcement officers, firefighters and emergency medical technicians.  This affordable housing program offers two big incentives: Eligible borrowers can qualify for 50 percent off the list price of the home if they commit to using the property as their sole residence for 36 months; and homes can be bought with as little as $100 down.

Filed bankruptcy or foreclosure?  If you have filed for bankruptcy or foreclosure, you can still own a home again and qualify for a mortgage.  Some borrowers may even qualify for an exemption.  For example, if the bankruptcy or foreclosure was due to a job loss or health problem, the lender may ask for an “extenuating circumstances letter.” This is an explanation of the events that led up to the bankruptcy or foreclosure, events that were beyond your immediate control.

Click here to read more on this story.

If you have any questions on this topic or 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 McMaken 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 McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Bankruptcy Filings Hit 10-Year Low

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Bankruptcy filings have taken another plunge, marking a 10-year low for any 12-month period, according to the latest numbers from the Administrative Office of the U.S. Courts (AOUSC).

Annual filings totaled 790,830 through September, compared with 805,580 in the previous year. This was the lowest number of bankruptcy filings for any 12-month period since June 2007, according to the AOUSC. However, the statistics show that Chapter 12 filings totaled 508, an increase from 458 in 2016.

The 2005 amendments to the Bankruptcy Code made Chapter 7, 11 and 13 bankruptcies more complex and expensive, but did not do the same for Chapter 12.  The national wave of bankruptcy filings that began in 2008 reached a peak in September 2010 when nearly 1.6 million bankruptcies were filed, according to the AOUSC.

Breakdown of Filings by Chapter for the 12-month period ending Sept. 30, 2017 are as follows:

  •  Chapter 7 filings totaled 486,542, down from 498,367 in 2016.
  •  Chapter 11 filings totaled 7,052, down from 7,450 in 2016.
  •  Chapter 12 filings totaled 508, an increase from 458 in 2016.
  •  Chapter 13 filings totaled 296,599, down from 299,150 in 2016.

Click here to read more on this story.

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 McMaken 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 McMaken website at www.miamibankruptcy.com.