Miami bankruptcy attorney Archives - Page 95 of 102

Bankruptcy Law, Credit, Timothy Kingcade Posts

Student Loan Debt Delinquencies on the Rise

Posted on March 26, 2015by Admin

Data collected by Equifax, one of the three major credit bureaus, showed that student loan debt delinquencies are continuing to increase while other forms of household debt are improving. The data from the fourth quarter of 2014 was collected from the New York Federal Reserve’s Consumer Credit Panel. Student loan debts that have been delinquent for more than 90 days have increased to 11.3%.

One of the reasons the Credit Panel cited was the rise in delinquent student loan debts is the fact that it is not dischargeable in bankruptcy. Unfortunately, the delinquencies are expected to continue increasing due to most borrowers forgetting that student loan debt is a secured debt. This means that student loans can be garnished from a borrower’s wages if they are not paid.

Student loan borrowers struggling with debt have options available to them and delinquency should be a last resort. Federal student loan borrowers offer several repayment options to best suit your needs. In addition, interest rates for private student loan borrowers are nearing all time lows. If borrowers have good credit scores, they may be able to refinance their loans.

Click here to read more on the increase in student loan debt delinquencies.

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, Foreclosures, Timothy Kingcade Posts

Underwater Mortgages Decline in South Florida

Posted on March 25, 2015by Admin

Recent data collected by Zillow.com shows that underwater mortgages, meaning homeowners who owe more than their home is worth, are declining in South Florida. Sixteen percent of homeowners in Palm Beach County are currently underwater on their mortgages. The previous year there were twenty four percent underwater. Nineteen percent of Broward County’s mortgages are underwater, down from twenty five percent in the fourth quarter of 2014.

Home values are on the rise in South Florida and as a result, negative equity is declining since its peak of forty percent in 2011. Negative equity occurs when the value of an asset, such as a home, falls below the value of the outstanding loan balance.

Another factor that real estate experts attribute to the decline in underwater mortgages is the decline in foreclosures in South Florida this year. According to analysts, South Florida is recovering better than most markets across the country since the housing bubble burst in 2008.

Click here to read more about the decline of underwater mortgages in South Florida.

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.

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.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Government Debt Collectors Targeted for their Abusive Practices

Posted on March 20, 2015by Admin

A recent CNN report found that special treatment is being given to debt collectors hired by government agencies. These collectors are charging steep fees and making threats, which include wage garnishment, foreclosure and even arrest. Other debt collection firms that are hired to go after credit card debt or auto loans are held accountable for such acts.

A senior member of the House Financial Services Committee is currently reviewing the report. He said he fears that low-income Americans are the most likely to suffer. The high fees leave many Americans unable to pay off their debts and afford their monthly bills.

The debt collectors are using power given to them by the government to pressure individuals into financial commitments they cannot afford. Unfortunately for consumers, the FTC admitted that the laws governing debt collection do not apply to the types of bills that government debt collectors pursue.

Click here to read more on this story.

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

Following Obama’s Lead, Democrats Propose Bill to Relieve Student Loan Debt

Posted on March 18, 2015by Admin

President Obama addressed the growing problem of student loan debt in a speech he gave on Tuesday at Georgia Tech. He spoke about his plans to make it easier for students to eliminate some of their student loan debt through bankruptcy. Two days later, thirteen democrats in the Senate introduced a bill backing the President’s plans called the “Fairness for Struggling Students Act of 2015.” The bill will treat student loans issued by private lenders the same as other types of private unsecured debt in bankruptcy. Changes made to the federal bankruptcy code in 2005 made it nearly impossible for struggling students to discharge their student loan debt.

Private student loans make up only 10% of all student loans. The other 90% are loans issued by the federal government. If the bill is passed, it would only account for the 10%. The Consumer Financial Protection Bureau estimates that there is $165 billion that stems from private student loans and approximately $1.2 trillion in total student loan debt.

President Obama and the Senate are targeting private student loans due to their high interest rates, lack of consumer protection and inflexible repayment options. The bill is the White House’s latest attempt to address the rapid increase in student loan debt in America. Plans have also been set up for borrowers to file complaints against loan servicers.

Click here to read more on the story:

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Rent Prices on the Rise

Posted on March 17, 2015by Admin

Renting used to be considered a stepping stone to homeownership, but now it’s becoming a barrier, according to a new report from Zillow. The report showed rents across the nation have been on the rise for the past year. In September 2012 rent prices reached a peak of 6.3% after the housing market crashed. Since January 2014, rents have increased 3.3% across the U.S. Some cities have even surpassed the national average. For example, Kansas City has more than doubled, increasing 8.5% since last year.

The report also showed that rents have grown at twice the pace of wages in the country since 2000, making it difficult for many Americans to afford their monthly bills. On average, Americans are spending approximately 30% of their income on rent, 5% higher than in the past.

Economists and real estate experts agree that rental affordability will continue to ‘deteriorate for the next two years.’ Both homeowners and renters will likely be affected since rental affordability tends to impact the housing market as a whole.

Real estate experts say it is sometimes better to buy than rent, but it largely depends on how long you plan to stay in the home. Nationwide, the ‘break-even horizon’ is around two years, but in some cities, like New York City, it can be as high as seven years. Breaking even, is when you are in your home long enough for ownership to be more cost-effective than renting. In Miami, for example, it takes just one year to break-even, according to real estate experts.

Click here to read more on this story.

Bankruptcy Law, Credit, Timothy Kingcade Posts

President Obama Announces Changes for Student Loan Repayment

Posted on March 16, 2015by Admin

President Obama recently signed a “student aid bill of rights,” which outlined an assortment of policy changes to make it easier on borrowers to pay back their student loans. It will require businesses that service student loans to ensure students know how much they owe, along with providing repayment options and helping students get back in good standing who are falling behind on payment.

In addition, President Obama has asked the Treasury and Education Departments and the Consumer Financial Protection Bureau to report by October 1, 2015 on whether or not bankruptcy laws or other laws should be amended to include student loans. Lenders have always resisted loosening bankruptcy standards for student loans. However, many believe that student loans should be eligible for discharge when students are burdened by heavy debt.

Federal student loan borrowers are eligible for discharge in bankruptcy court for borrowers with permanent disabilities. However, the review will focus on students who borrower from private lenders, who do not have the same protections as federal student loan borrowers. According to the White House, approximately 40 million Americans have student loan debt and more than 70 percent of graduates with bachelor’s degrees have an average of $28,400 in student loan debt.

Click here to read more on Obama’s plans to change student loan debt repayment.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Debt Collectors Calling You? Make sure you know your rights.

Posted on March 9, 2015by Admin

In honor of National Consumer Protection Week, at the law firm of Kingcade & Garcia we want to take a moment and educate you on your rights as a consumer. There are few things more frustrating than being harassed by a debt collector for a bill you cannot pay. There are federal laws that protect consumers from inappropriate and deceptive debt collection practices.

The Fair Debt Collection Practices Act defines consumers’ rights when it comes to dealing with debt collection agencies and regulates what debt collectors can and cannot do legally when collecting on a debt. A collection agency has the right to call you at your home or workplace within reasonable hours, unless you specifically ask them not to do so. Within five days of calling you, a collection agency is required to send you a written confirmation stating the amount you owe and the name of the creditor.

If you do not believe you owe the debt, you can send the agency a letter explaining this within 30 days of receiving the notice, according to the Federal Trade Commission. With the letter, include any proof that the debt is not yours. The collection agency must cease contacting you at this time, unless it can send you written verification that the debt is in fact yours.

If the debt is yours and you want the agency to stop contacting you, you can send a letter requesting this. After your letter has been received, there are two instances in which you may still be contacted by the debt collector:

• The collector may contact you to let you know there will be no further contact;
• The collector may contact you to let you know that a specific action will be taken (i.e. – filing a lawsuit against you). If this is the case, it is important that you respond to any court summons you receive, otherwise you forfeit your right to fight a wage garnishment and the debt collection agency can take money directly out of your bank account.

Important Tip: Make sure you keep copies of communication you have had with the debt collection agency. This will be of great importance if legal action occurs.

Debt collectors can also contact third parties (typically only one time) to find out general information about you (i.e. – your address, phone number or place of employment.)

What Debt Collectors Cannot Do:

• Contact you at unreasonable hours. Debt collectors cannot contact you during unreasonable hours, before 8 a.m. or after 9 p.m. They also must quit calling you at your place of employment if you notify them in writing or over the phone that you cannot accept calls there.
• NO harassment. A debt collector cannot harass you about a debt you owe. Harassment can include threats of violence, obscene language, multiple phone calls or publishing your name publicly because you owe a debt.
• NO unfair collection practices. A debt collector may not engage in unfair collection practices (i.e. – trying to collect more than you owe, depositing a post-dated check early or taking your property when they are not legally allowed to do so).
• NO double dipping. If a collection agency has more than one of your debts, it cannot apply payments you make to one debt to another. It also cannot apply payments to a debt you say you do not owe.
• NO lying. A debt collector cannot lie to you in an attempt to collect on a debt. These lies can include falsely representing him or herself as an attorney, government official or someone else; accusing you of committing a crime; stating you owe more than you do. Debt collectors cannot threaten legal action or wage garnishment will occur if this is not the case. They also cannot give false credit information or lie about the agency they work for.

If you have an attorney representing you, the collection agency has to talk to your attorney, not you. As a general rule, a debt collector cannot discuss your debt with anyone besides you, your spouse and your attorney.

If you have questions regarding the Fair Debt Collection Practices Act, click here to watch this short video.

Bankruptcy Law, Credit, Timothy Kingcade Posts

5 Tips to Digging your Way out of Debt

Posted on March 6, 2015by Admin

Financial guru Dave Ramsey has advised millions on how to get out of debt. Here are five tips that can work for you.

1. Stop shopping and sell what you do not need.

2. Cut up the credit cards. Use a debit card or just plain cash. Paying with cash will make you think twice about every purchase.

3. Skip the big car loan. The average car payment runs American’s $478 a month over 84 months. If you invested that amount from age 30 to 70 instead of paying a car payment, you would have $5.6 million!

4. Have an emergency fund. Start with $1,000 as your starter emergency fund and go from there.

5. Pay off credit cards, starting with the one with the highest interest rate.
Once you have paid off your credit cards, begin saving for your children’s college and try to pay off your mortgage in 15 years. Most importantly, have hope that things will get better.

Click here to read more on this story.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Homeowners in Bankruptcy Receive $50 Million Settlement from JP Morgan Chase over Robo-Signing Allegations

Posted on March 4, 2015by Admin

JP Morgan Chase Bank has agreed to pay out over $50 million to more than 25,000 homeowners who are in bankruptcy as part of a settlement with the Dept. of Justice’s U.S. Trustee Program (USTP). The settlement will include cash payments, mortgage loan credits, and loan forgiveness to the homeowners in bankruptcy.

In addition the settlement, Chase has agreed to change its internal operations and have an independent compliance reviewer conduct oversight to ensure that Chase is complying with the terms of the settlement.

Chase acknowledged as part of the settlement that it filed more than 50,000 payment change notices in bankruptcy courts nationwide that were improperly signed by persons who had not checked the notices for accuracy, a practice commonly referred to as “robo-signing.” Chase also acknowledged that it failed to file timely, accurate mortgage payment change notices and provide timely, accurate escrow statements.

More than 25,000 of the notices were signed in the names of either former bank employees or employees who were not part of the accuracy checking process, and the remaining notices were signed by third party vendors on matters that were not related to the accuracy checking process, according to the Department of Justice.

The settlement is a strong warning sign to banks and mortgage servicers that they cannot continue to ignore legal requirements, compromise the integrity of the bankruptcy system and abuse customers who are in financial distress.

Click here to read more on this story.