Miami foreclosure defense attorney Archives - Page 15 of 20

A WIN for Florida Foreclosure Plaintiffs!

Posted on November 27, 2015by Admin

Florida homeowners succeeded in getting a judgment in favor of Wells Fargo dismissed, allowing them to reverse a foreclosure action previously in favor of the bank. The case, Hicks v. Wells Fargo, reached the Fifth District Court of Appeals in the State of Florida. According to the complaint, the issue turned on the statute of limitations, with the Fifth District holding that the bank’s foreclosure claim was time barred by Florida’s five-year statute of limitations for foreclosure.

The homeowners claim it all began when an initial default occurred on June 1, 2006. At some point, a prior holder of the note sued to foreclose on Sept. 8, 2006, but the case was voluntarily dismissed in 2008. Then, in 2011, the current note holder (Wells Fargo) sent a notice to accelerate to the borrowers. The second foreclosure action did not occur until 2013, which is seven years past the original default date.

The appellate court agreed with the borrowers that the 2013 foreclosure action by Wells Fargo is “time-barred” by the state’s five-year statute of limitations; however, the bank is not barred from pursuing new or remaining foreclosure claims that fall within the statute of limitations period.

“Despite the previous acceleration of the balance owed in both the instant suit and prior suit, the bank is not precluded from filing a new foreclosure action based on different acts or dates of default not previously alleged, provided that the subsequent foreclosure action on the subsequent defaults is brought within the statute of limitations period,” the court wrote.

So what can be taken away from this case? Florida’s statute of limitations period is sensitive and acceleration actions cannot suffice without a timely foreclosure action. However, not all is lost if a bank fails to file on time, as long as there is a new valid claim to bring forth.

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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 website at www.miamibankruptcy.com.

Mortgage Foreclosures & Delinquencies at Lowest Levels Since 2005

Posted on November 19, 2015by Admin

Approximately 0.38% of loans went into foreclosure during the third quarter, according to a report released this week by the Mortgage Bankers Association. This is the lowest rate since the second quarter of 2005. About 3.57% of loans were at least 90 days past due, the lowest rate since the third quarter of 2007.

These numbers can be attributed to a healthy job market and rising home prices, which allows troubled borrowers to sell as opposed to being foreclosed upon. Fewer foreclosures will likely help home prices, because bank-owned homes tend to sell for less. These often empty homes can deteriorate and affect the value of neighboring homes.

New Jersey, New York and Florida continue to have the highest foreclosure rates, but now the foreclosure problem is largely isolated to loans made before 2009.

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Debt Relief, Foreclosures, Timothy Kingcade Posts

$5 Million Foreclosure Fraud Verdict puts National Mortgage Settlement into Question

Posted on November 16, 2015by Admin

A Texas jury’s recent decision to award more than $5 million in damages and fees for the fraudulent foreclosure of a single home has put the $25 billion national mortgage settlement into question.

This month, a jury in Houston awarded $5.38 million to a couple on the grounds that Wells Fargo Bank and Carrington Mortgage Services knowingly submitted false documents to force them out of their home. The financial compensation for the homeowners is as follows: $150,000 in financial injuries, $40,000 for mental anguish, $5 million in punitive damages and $190,000 in attorney’s fees.

There have been approximately 6 million foreclosures since the start of the foreclosure crisis in 2008 and many of them were completed with robo-signed, fabricated or fraudulent documents. If we apply the $5.38 million jury award to all of those loans, the potential cost from the foreclosure fraud scandal is closer to $32.28 trillion!

This estimate represents the extreme edge of the financial hit to the industry. But while the settlement did not preclude individual civil suits like this one, it’s obvious that most victims of foreclosure do not have the financial means to go back and forth in court like this family did.

That is where law enforcement must step in and protect the rights of foreclosure victims lacking these type resources. Looking at this verdict, the $25 billion National Mortgage Settlement has been anything but generous as it represents roughly 0.08 percent of the total possible exposure.

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Foreclosures, Timothy Kingcade Posts

South Florida has highest risk of mortgage fraud in the country

Posted on November 13, 2015by Admin

According to a new report, South Florida is the nation’s capital of mortgage fraud. Miami-Dade, Broward and Palm Beach counties have the highest risk of mortgage fraud in the country reveals the property analytics firm, CoreLogic.

Mortgage fraud typically involves hiding information from lenders so borrowers can obtain loans they would not have qualified for otherwise. The report covered the second quarter of 2015.

The number of inexpensive foreclosed homes in South Florida has made the region more vulnerable and a magnet for fraud. Some local scammers have even been prominent members of the community, including former North Miami Mayor Lucie Tondreau, who was sentenced to 65 months in federal prison for her role in an $11 million mortgage fraud scheme.

But according to the report, this activity is on the decline as the foreclosure inventory dwindles down. The risk of mortgage fraud fell by 9 percent year-over-year in South Florida.

The Miami, Tampa, Orlando, Sarasota and Jacksonville markets accounted for five of the six riskiest areas in the country. (The other being New York City.) Nationwide, the value of fraudulent mortgage applications is estimated at $17.3 billion, according to CoreLogic.

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Foreclosures, Timothy Kingcade Posts

Former Miami Heat Star Glen Rice Facing Foreclosure

Posted on November 9, 2015by Admin

Glen Rice, former Miami Heat player and his ex-wife Cristy, who starred on The Real Housewives of Miami, are facing the loss of a downtown condo they still own together. Miami-Dade County records show the couple quit making payments on the condo they purchased in 2006 as an investment, following Glen’s retirement from the Los Angeles Clippers after 15 years in the NBA.

Property records show Glen and Cristy paid $317,000 for the condo, which is on the 27^th floor of the Neo Vertika building on SW 1^st Ct. in downtown Miami. Reportedly, the couple took out several mortgages on the condo totaling $500,000.

M&T Bank’s loan is supposed to be paid back at the rate of $1,401 a month. According to the lawsuit, the Rices stopped making payments in February. Cristy’s lawyer struck back at the bank with a defense claiming M&T has not followed the proper procedures in the foreclosure attempt.

The Rices’ originally filed for divorce in 2006. The couple also owns a $468,000 suburban home together. Glen Rice played for the Miami Heat from 1989 to 1995.

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Foreclosures, Timothy Kingcade Posts

The Latest Online Scam: Tricking Homebuyers into Wiring Settlement Funds

Posted on October 28, 2015by Admin

You are about to settle on your home. You receive an email from your real estate agent or title company, requesting funds be wired to an account for settlement, which also informs you of a last minute change in writing instructions. Upon the request, you wire the money using the new instructions.

A few days later, you receive a call from your title company, asking why you have not sent your funds for settlement. This is the moment you realize you have been SCAMMED. This wire transfer scheme is nothing new. However, the increase in its sophistication and the prevalence of wire fraud in the real estate industry has prompted the National Association of Realtors (NAR) to issue warning bulletins.

According to the NAR, the hackers are monitoring emails and waiting to determine the best possible scam. They realize these real estate transactions involve large amounts of money right before settlement. Someone in Chicago recently lost $130,000, and in Texas there was a reported loss of $30,000. The scams are getting harder to catch, too. Hackers have improved their grammar and obtain almost identical email addresses to the broker or title company the seller / buyer is working with, making it very difficult to identify the scam.

Below are some tips for buyers and sellers to protect themselves from becoming a victim of wire fraud:

Never send sensitive financial information via email. This includes bank account routing numbers, PIN numbers, security codes, etc.
Prior to doing a wire transfer, you should contact the intended recipient by phone and confirm the wiring information and instructions are correct.
Change your email usernames and passwords on a regular basis.
Clean out your email account. Your email use can establish patterns in your business practice, which hackers can pick up on and use against you.
Make sure you have the most up-to-date firewalls and anti-virus software on your computer. Download these from a trusted source, like your internet service provider.
If you suspect any fraudulent activity, report it immediately to the FBI’s Internet Crime Complaint Center.

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Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

30-Year Mortgage Interest Rates Rise to 3.67 Percent

Posted on April 21, 2015by Admin

After months of historically low interest rates, Freddie Mac released that the average 30-year mortgage rates rose slightly last week to 3.67 percent, up from 3.66 percent. The average 15-year mortgage rate rose from 2.93 percent to 2.94 percent. This time last year, the average 30-year mortgage rate was 4.27 percent and the 15-year rate was 3.33 percent.

The record low rate was in November and December of 2012, when the average 30-year rate reached 3.35 percent and the 15-year rate dropped to 2.66 percent. Rates remained low through the first quarter even though the Federal Reserve ended its monthly bond purchases last October, designed to maintain long-term rates. The Federal Reserve recently released that short-term rates will not rise any time soon after more than six years at zero.

Recent hiring gains have failed to create a stronger housing market. Home construction is down 2.5 percent from March 2014, according to the Commerce Department. Although the economy has experienced steady job growth, low mortgage rates and cheaper gas, the real estate market has yet to experience a significant boost.

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Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

FTC Uncovers another Mortgage Relief Scam

Posted on April 16, 2015by Admin

According to the Federal Trade Commission, the company “Wealth Education” deceptively promised mortgage relief services to financially distressed homeowners. The company charged hefty upfront fees and advised homeowners to take steps that ultimately led them into foreclosure.

The Los Angeles-based company has been one of many scammers that used the housing market crash of 2008 to take advantage of struggling homeowners. The company allegedly used a variety of names and sold phony services that promised to lower homeowners’ mortgage payments or refund their money. According to the FTC, the company never made good on its promise. The company charged rates as high as $5,000 and never issued a refund when it failed to provide homeowners with lower mortgage payments.

It is illegal for companies to charge upfront fees for the promise of a mortgage modification. Companies can only charge fees if you have an acceptable written offer from the lender.

Wealth Education was also advising homeowners to stop communication with their lenders. This would delay victims from figuring out the scam and cause them to stop making payments, which in turn resulted in their homes going into foreclosure.

Click here to read more on this latest mortgage relief scam.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Stricter Requirements for Reverse Mortgages Coming Soon

Posted on April 15, 2015by Admin

Beginning April 27th, 2015, the government is imposing stricter requirements when it comes to reverse mortgages. Reverse mortgages are available to seniors 62 years of age and older whose homes have equity they want to convert into cash. There is no repayment required until the borrower sells the house, moves out or dies. Loan recipients are responsible for paying property taxes, hazard insurance premiums and keeping the home in reasonable condition.

For the past 30 years, The Federal Housing Administration has had lenient standards for reverse mortgages. If a homeowner qualified with their age and equity, they were pretty much guaranteed a loan. The revised application process will be similar to a new mortgage application.

During the recession, many reverse mortgage holders failed to pay the required property taxes and hazard insurance premiums. In addition, the real estate market tanked, creating huge losses on defaulted and foreclosed properties. The FHA’s losses were so significant that the Treasury Department had to provide the Administration with a $1.7 billion bailout in 2013.

As a result, after April 27th, 2015, applicants will be required to demonstrate both the “willingness” and “capacity” to meet their financial obligations before obtaining a reverse mortgage. Lenders will pull borrowers’ credit reports and credit scores, just as they do for home loan mortgages.

Homeowners will have to prove that they have paid their real estate taxes and homeowner association fees on time for the past 24 months. They will also have to show proof of employment, income and other financial assets.

Click here to read more on the upcoming changes to reverse mortgages.

Credit, Foreclosures, Timothy Kingcade Posts

Home Buyers Obtain Mortgages After Foreclosure

Posted on April 14, 2015by Admin

Nearly five million American families lost their homes to foreclosure between 2007 and 2014. Foreclosures can have a negative impact on your credit score, but that doesn’t disqualify you from purchasing a home, again. Events such as foreclosure can stay on your credit report for up to seven years, but if you stay financially responsible after foreclosure, you can obtain another mortgage in seven years or less.

Homeowners who lost their homes in the early years of the housing crisis are starting to see the black marks erased from their credit reports, improving their chances of owning a home. Fair Isaac Corp., the developer of FICO credit scores estimated there were 910,000 homeowners who had foreclosure proceedings filed against them, between October 2007 and October 2008. Of those consumers, approximately 264,400 had the foreclosure erased from their credit reports by October 2014.

Some of the larger mortgage lenders, such as Bank of America Corp. and J.P. Morgan Chase & Co., are still hesitant to lend to borrowers who have a foreclosure on their credit report. Many of the large lenders were hit hardest with mortgage-related penalties and have since implemented tougher credit requirements on borrowers.

Click here to read more on purchasing a home after foreclosure.