Tag: Miami foreclosure defense attorney

Foreclosures, Timothy Kingcade Posts

Foreclosures are Returning to Pre-Recession Levels

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The foreclosure filing rate has been dropping to levels not seen since before the housing market crashed in 2008. These include notices of default, scheduled auctions and bank repossessions. During the first quarter, the levels fell 23 percent from 2012. This is the lowest level since the second quarter of 2007. During March, the banks repossessed fewer than 44,000 homes, compared with September 2010 when the banks repossessed 100,000. RealtyTrac Vice President, Daren Blomquist said he expects to be back to normal foreclosure levels by 2014.

Foreclosure rates have been declining for the past couple of years because homeowners have been seeking alternatives such as filing for bankruptcy or a short sale. Government programs such as the Home Affordable Modification Program (HAMP) and the Home Affordable Refinance Program (HARP) have also helped homeowners avoid foreclosure. The $25 billion settlement deal between federal officials and the five largest mortgage lenders have also pushed the banks to agree to help struggling homeowners. As a result, the largest percentage of the foreclosure activity in the country is occurring in areas that are suffering severe economic problems and no longer in mid to upper-class neighborhoods. Many Americans who are now dealing with foreclosure are those who have recently been laid off or filed for divorce from their spouse.

Click here to read more on foreclosures returning to pre-recession levels.

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 website, Kingcade & Garcia, P.A.

Foreclosures, Timothy Kingcade Posts

Latest Decision out of the 4th District Court of Appeal in Florida ruled that Ownership Must be Proven at Time Foreclosure is Filed

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The latest foreclosure decision out of the 4th District Court of Appeal in Florida ruled that the plaintiff in a foreclosure must prove ownership of the property at the time the foreclosure case is filed. In McLean v. JP Morgan Chase, the appellate court reversed the trial court’s entry of summary final judgment in favor of the bank because the bank failed to provide evidence that, at the time the case was filed, it “obtained its rights and standing to proceed in this cause” prior to the filing date.

In reversing this decision, the 4th DCA said:
‘While it is true that standing to foreclose can be demonstrated by the filing of the original note with a special endorsement in favor of the plaintiff, this does not alter the rule that a party’s standing is determined at the time the lawsuit was filed.’

While this ruling is viewed by many as stating the obvious, because of the immense volume of foreclosure cases in Florida courts, some judges are forgetting their most important job is interpreting the law. Many judges have made it their top priority to clear out the backlog of foreclosure cases, even it means ignoring Florida Statutes, Florida case law, the Rules of Evidence and Rules of Procedure. This can leave the plaintiff at a disadvantage in these foreclosure proceedings.

To read more on the latest foreclosure decision out of Florida, visit: http://www.leagle.com/xmlResult.aspx?xmldoc=In%20FLCO%2020111214197.xml&docbase=CSLWAR3-2007-CURR
Choosing the right attorney can make the difference between whether or not you can keep your home. A well qualified attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. 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, P.A. website at www.miamibankruptcy.com.