Tag: Kingcade

Bankruptcy Law, Consumer Bankruptcy

How the Homestead Exemption Works in Bankruptcy

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When filing for bankruptcy many clients worry about losing everything they own, including the roof over their heads. However, the U.S. Bankruptcy Code provides bankruptcy exemptions, which allow the filer to protect certain property from being sold off during the course of bankruptcy. The State of Florida offers some of the most generous exemptions in the country for bankruptcy filers, including the homestead exemption.

The homestead exemption allows the filer to protect the equity he or she has in the home in which the filer resides. Florida bankruptcy law allows the filer to claim an exemption on his or her homestead for the full amount of the home, allowing him or her to keep the property during the bankruptcy. The key is, however, the homeowner must have bought and owned the property for at least 1,215 days prior to the bankruptcy filing.

Foreclosure Defense, Foreclosures

Florida Foreclosure Filings Increase by 71 Percent Since 2021

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Foreclosure rates in the State of Florida are on the rise by over 71 percent since 2021, according to new foreclosure data released by real estate company, ATTOM. As a result, Florida now ranks number two for the top five states with the highest level of foreclosure starts.

Rates have been steadily increasing throughout the year as pandemic relief programs have ended.  ATTOM reports that 9,284 foreclosure filings were made in the past quarter with 6,671 of these being foreclosure starts. Fortunately, foreclosure starts are still behind where they were before the COVID-19 pandemic hit, even though numbers are starting to rise.

Bankruptcy Law, Consumer Bankruptcy, Divorce

How Will a Bankruptcy Case Affect my Pending Divorce?

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People will hold off on filing for bankruptcy for several reasons, especially if they are in the midst of a pending divorce case. The fear is that a bankruptcy case will affect the ability of the parties in a divorce case to divide their property. While a bankruptcy case will not affect a family law court’s ability to handle child custody and child support matters, the bankruptcy will prevent the court from finalizing a division of marital property.

Foreclosure Defense, Foreclosures

What is the Foreclosure Process in Florida?

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Foreclosure is a process most homeowners want to avoid. After all, no one wants to lose their home. Florida has what is called a ‘judicial foreclosure process’, meaning the homeowner is entitled to a hearing before the court to determine whether or not the bank has the right to foreclose.

 

Pre-foreclosure

The period after the homeowner misses mortgage payments but just before foreclosure officially begins, is known as the “pre-foreclosure” stage. During pre-foreclosure, the mortgage service provider will likely add fees to the outstanding balance, including late fees and inspection fees. Mortgage providers are entitled to conduct inspections of the property when payments are missed to ensure that the property is still occupied and in good shape. They must also communicate with the homeowner about the possibility of foreclosure, and this communication comes in the form of a pre-foreclosure letter or breach letter. The breach letter must inform the homeowner that his or her loan is in default and must give the homeowner the chance to cure the default and prevent foreclosure.

student loan debt

Will You Owe Taxes on Your Student Loan Debt Forgiven by Biden?

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President Joe Biden recently announced a widespread student debt relief program that will cancel up to $20,000 in federal student loans for single borrowers who earn less than $125,000 annually and married borrowers who file taxes jointly and earn less than $250,000 annually.

Now that the program has been announced, borrowers have questions about what the legal and tax implications will be of this loan forgiveness. One specific question that has been asked is whether the amount forgiven is considered taxable income?

Consumer Bankruptcy

Debunking the Biggest Bankruptcy Myths

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One of the biggest reasons consumers hold off on filing for bankruptcy has to do with the myths surrounding the process. Misconceptions are often the reason behind these myths. Debunking these bankruptcy myths can shed light on the legal process that can help (and has helped) so many people, including an estimated 885,000 American consumers last year.

Myth 1: Bankruptcy Irreversibly Damages a Consumer’s Credit Score

While, yes, a bankruptcy case will almost certainly hurt a consumer’s credit score, this damage is far from permanent. In fact, many consumers have successfully rebuilt their credit scores after successfully completing a bankruptcy case.