Timothy Kingcade Archives - Page 30 of 53

Bankruptcy Counseling: What it is and What to Expect

Posted on June 6, 2016by Admin

Deciding to file for bankruptcy is not an easy decision, but it may be your best option if you do not see yourself paying off your debt in five years. The federal government requires two sessions of credit counseling: pre-filing counseling to start the process and pre-discharge counseling before your debts are forgiven. These sessions will help you understand how bankruptcy works and how to avoid financial devastation in the future.

The counseling sessions do not take long to complete. Here is what you can expect.

Pre-filing counseling

Pre-filing bankruptcy counseling is the first step in the bankruptcy process. If you do not go through pre-filing counseling before submitting your case to the court, it will be thrown out.

In addition to being an educational course to help you understand the advantages and disadvantages of going through bankruptcy, pre-filing counseling presents alternatives such as debt management to help you determine if bankruptcy is the best way to resolve your debt. Upon completion of the pre-filing session, you will receive a certificate of completion valid for 180 days. You will need that certificate if you decide to file for bankruptcy.

Pre-discharge counseling

Pre-discharge counseling is the final step before the court finalizes your bankruptcy and discharges your debts. This counseling offers valuable financial education to help you manage your finances in the future. It focuses on your income, expenses and strategies to help you save money.

This class covers much of the same ground as the pre-filing session but with a focus on increasing your financial literacy. You will cover topics such as understanding your credit score, living on a budget and avoiding future financial risk. You will receive a certificate upon completion that you will need to present before the court before your debts can be discharged.

Before going into either session, gather documents that outline your income, expenses and debt to expedite the process. Expect each session to take between 90 minutes and two hours.

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If you are in financial crisis and considering filing for bankruptcy, 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, 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, Debt Relief, Timothy Kingcade Posts

Federal Suit would take Google’s Payday lending crackdown a step further

Posted on June 3, 2016by Admin

Google has announced that beginning in July, it will stop selling ads to payday lenders and other companies in the business of short-term, high-interest consumer loans. Currently, when a consumer types into Google “need cash now,” the results are paid advertisements from high interest lenders and companies that refer them customers.

However, beneath those paid advertisements are search results with links to websites, such as INeedALoan.net and LocalCashNow.com that promise to connect borrowers with the same type of predatory loans. But a lawsuit filed by a federal watchdog could make it harder for those lead-generation sites to operate and may even put some out of business.

Last year, the Consumer Financial Protection Bureau (CFPB) sued T3Leads, a Burbank broker that sells consumer loan inquiries to online lenders alleging that it does little to prevent the lead-generation sites it works with from making misleading claims.

Online lenders are already worried over Google’s decision to no longer sell ads for short-term or high-interest loans — those that must be repaid within 60 days or that carry interest rates of 36% or higher. Google sources said the policy, which goes into effect July 13, will also apply to lead-generation websites that sell consumer data to those lenders.

On the typical lead-generation site, borrowers fill out an application, provide names, addresses, even Social Security and bank account numbers. Once borrowers click submit, it triggers a series of nearly instant transactions.

First, the information is usually sold by the lead-generation site to an aggregator like T3. Next, the aggregator auctions the information to lenders. Finally, the borrower is automatically redirected to the website of whichever lender won the auction.

The CFPB alleges that the process can result in consumers being tricked into taking out loans from lenders that charge the highest interest because often they are the highest bidders for the lead.

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Bankruptcy Law, Credit, Debt Relief, Student Loans

Local Doral Company Sued for Running a Massive Student Loan Debt Scam

Posted on June 2, 2016by Admin

The Federal Trade Commission (FTC) and Florida Attorney General Pam Bondi are suing the Doral-based, Student Aid Center, for illegal business practices in the hopes of recouping some of consumers’ lost money.

The Student Aid Center, which claimed to help graduates relieve themselves of student loan debt, is now facing serious legal trouble of its own. The two owners filed for bankruptcy in February, stating the company had liabilities between $1 million and $10 million.

In addition to the FTC and the State of Florida complaint, Minnesota and the District of Columbia have filed lawsuits accusing Student Aid Center of “deceptive practices.” The Minnesota lawsuit alleges one of the owner’s Instagram account frequently referenced Jordan Belfort, the money-grubbing stockbroker depicted in the Leonardo DiCaprio film The Wolf of Wall Street.) The account has since been taken down.

The owners were savvy marketers, running advertisements on social media, radio spots, Google ads promoting the tagline, “Obama Loan Forgiveness,” and even in one case, an aerial banner flying over South Beach.

The complaint brought by the FTC and the State of Florida says Student Aid Center “preyed on consumers’ anxiety about student loan debt” by falsely promising to reduce or even eliminate it.

The company demanded upfront fees in five monthly installments of $199 or more, according to the complaint- even though graduates can apply for government loan forgiveness programs free of charge. Student Aid Center went as far to tell its customers to stop paying their lenders and instead pay the company directly, the lawsuit alleges.

But although the company lured in customers by promising a 100 percent money-back guarantee, Student Aid Center later deflected those who demanded refunds by either not returning the money or returning an amount much less than what had been paid, according to the FTC.

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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, 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, Debt Relief, Student Loans

Student Debt Relief Scams Targeting Borrowers

Posted on May 31, 2016by Admin

If you are struggling with student loan debt, you’re not alone. The FTC and the State of Florida announced lawsuits against two “alleged” student loan debt relief agencies. Consumer Assistance Project and Student Aid Center promised to get borrowers’ loans forgiven or significantly reduced, according to the FTC.

Consumer Assistance targeted borrowers online and over the phone, claiming they would get relief through government or by disputing loans. Student Aid Center used radio ads, text messages, and featured ads in search results, promoting “Obama Loan Forgiveness.”

But borrowers who paid the companies did not get their loans forgiven or even reduced. At most, the companies got borrowers’ loans put into deferment or forbearance, where loan payments are postponed, but interest still accrues.

Student Aid Center made certain situations worse by telling people to stop contacting their lenders and pay them, instead. Borrowers ended up paying thousands, but did not get the promised relief.

Student loan forgiveness programs are available in very limited circumstances. The FTC has the following new materials to help borrowers:

Student Loan Debt Relief explains how to spot a debt relief scheme, and what people struggling with student loans can do to help themselves.
Maria and Rafael Learn the Signs of a Debt Relief Scam tells the story of a couple trying to repay debt they accumulated for their daughter’s college education. It is the latest in a series of graphic novels to raise awareness about scams targeting Latin communities.
This list shows every company and individual ever banned from providing debt relief and mortgage assistance relief services by an FTC order.

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Debt Relief, Foreclosures, Timothy Kingcade Posts

How to Get a Second Chance at Home Ownership after Foreclosure

Posted on May 30, 2016by Admin

More than 9.2 million Americans lost their homes to foreclosure between 2006 and 2014, according to the National Association of Realtors. For many of those individuals, enough time has passed that they may once again qualify for another mortgage.

How long you have to wait varies by the program. Generally, you will need to wait seven years after a foreclosure or short sale to qualify for a conventional mortgage, three years to get a Federal Housing Administration or U.S. Department of Agriculture loan and two years to get a loan backed by the U.S. Department of Veterans Affairs.

But those time periods can be shortened to as little as one year for a VA or FHA loan and three years for a conventional loan, if borrowers can demonstrate their defaults were the result of a significant hardship from which they have now recovered.

Here are five tips to remember when seeking a mortgage after a foreclosure or short sale:

Your lender will see a different credit report. The report lenders pull when you apply for a mortgage is not the same report you receive from servicers that provide credit reports to consumers. Consumers are often provided with a “stepped-down version.” The credit score is not the end all, be all. There are other factors that can potentially slow the loan. You can figure at least 620 is needed for a conventional mortgage and 580 is necessary for an FHA loan.

On-time payments are important. Re-establishing your credit is one of the most important qualifiers for getting a mortgage after a foreclosure or short sale. Lenders want to do everything they can to avoid lending to someone who will default, again- so they look closely at your bill payment history since the foreclosure.

You will need to demonstrate job stability. If you have a traditional job for which you receive a W-2 form, your lender will verify your income with your employer. People who work several part-time jobs or are self-employed, will face additional scrutiny and will have to demonstrate their income with several years of tax returns and additional documentation.

You will need to document everything. Since the housing crisis, the documentation required for mortgages has increased significantly. Anything a customer puts on the mortgage application will be verified, particularly financial information.

Not all lenders are the same. Each lender has different requirements. There is no one size fits all when it comes to mortgage lender requirements. The basic guidelines are set by FHA, VA, USDA, Fannie Mae and Freddie Mac, but individual lenders and even individual underwriters may interpret these in different ways.

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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.

Foreclosures, Timothy Kingcade Posts

Wells Fargo Pays $70 Million Penalty for Foreclosure Mistakes

Posted on May 27, 2016by Admin

Wells Fargo & Co. has agreed to pay a $70 million penalty ending the bank’s five-year fight to settle claims over foreclosure mistakes following the 2008 financial crisis.

This week, U.S. regulators announced the fine as part of an agreement that also frees the nation’s biggest mortgage lender from loan-servicing restrictions imposed last year. Wells Fargo has been accused of failing to move fast enough to fix deficiencies outlined in a series of settlements over improper activity including so-called robo-signing of foreclosure documents. The Office of the Comptroller of the Currency (OCC), also identified more recent problems, including faulty payment-change notices filed in bankruptcy courts and faulty escrow calculations.

The bank neither admitted nor denied wrongdoing in the OCC agreement.

Five years ago, Wells Fargo and most of the other largest U.S. mortgage servicers agreed to resolve allegations that they mishandled loan papers and fraudulently endorsed legal papers used in foreclosures after the crisis. Regulators amended that accord in 2013 after deciding the original plan failed to help affected borrowers.

A year ago, the OCC imposed new restrictions on Wells Fargo, JPMorgan Chase & Co. and four other companies, blocking them from buying mortgage-servicing rights because they had not yet met the demands of the foreclosure settlement.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

When Bankruptcy is the Best Option

Posted on May 25, 2016by Admin

Filing for bankruptcy is not the end of the world. In fact, it can help improve your overall situation and relieve the financial stress you are facing. Bankruptcy stops collection calls, lawsuits and wage garnishment. It wipes out most, sometimes all of your debt and can improve your credit score.

Many credit bureaus and scoring experts will disagree, not seeing the whole picture. For most people after struggling with insurmountable debt for sometime, their credit score has already greatly been affected by the time they file for bankruptcy.

Once they file for bankruptcy, their credit score typically increases. If the debt is erased, which is also known as a “discharge,” scores can increase even more- typically within a year. Accessing data from the Equifax credit bureau, researchers at the Federal Reserve Bank of Philadelphia found that filers’ credit scores plunged in the 18 months before filing for bankruptcy and rose steadily after that. The average credit score for someone who filed Chapter 7, the most common type of bankruptcy, in 2010 was 538.2 on Equifax’s 280 to 850 range. (Scores in the low 600’s and below are generally considered poor.) By the time the filers’ cases were discharged, usually within six months, their average score was 620.3.

Credit scores are not the only factor to consider when making the decision to file for bankruptcy. People who file for bankruptcy benefit from the “automatic stay,” which stops all collection activity, including lawsuits, wage garnishment and collection calls. A Chapter 7 bankruptcy wipes out a number of debts, including: credit card debt, medical bills, personal loans, civil judgments (excluding fraud), past-due rent and utility bills, business debts and older tax debts.

Most of us feel we have an ethical obligation to repay our debts, if we are able to. But oftentimes, people find themselves in over their head before realizing they need to consider bankruptcy as an option. Some continue to pay down debt they may never be able to pay off, prolonging the damage to their credit score and diverting money that could be put into retirement savings.

Bankruptcy is likely your best option if your consumer debt (any of the debts listed above) total more than half your income, or if it would take five or more years to pay off that debt, with extreme fiscal measures.

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Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Don’t think you can buy a home after bankruptcy? Actually, you can.

Posted on May 24, 2016by Admin

There are a number of myths associated with bankruptcy; the inability to purchase a home is one of them. Bankruptcy is certainly not the end of homeownership. In fact, all major mortgage programs available today- conventional, USDA, VA and FHA home loans-have established guidelines that allow post-bankruptcy buyers to qualify for a mortgage.

Each loan type has its own waiting period requirement after bankruptcy. Waiting periods for the four major types of loans are as follows:

FHA loans: 2 years
VA home loans: 2 years
Conventional mortgages: 4 years
USDA home loans: 3 years

While these are the “standard” guidelines, you may qualify for a conventional or FHA loan even sooner. Both of these loans have exceptions for “extenuating circumstances” or one-time events that caused income loss and were outside of the homeowner’s control.

In this case, an applicant can be approved for a conventional loan just two years after bankruptcy, and an FHA applicant can receive approval after one year in the “Back to Work Program.”

Below are some quick and easy ways to re-establish your credit after bankruptcy.

Re-establishing your credit involves opening credit accounts and paying them on-time for at least 12 months. These credit accounts must be kept open and active.
Begin with a credit card. Use it for gas and groceries and pay it down every month. Keep a small balance on it so the credit bureaus can see that it is active, but keep the balance below 30% of your available balance.
The credit bureaus value a diverse credit profile, more than just credit card accounts. Personal loans, student loans and car loans are other types of credit. Credit bureaus want to see that you can manage your credit responsibly.
Lenders may look for non-traditional credit. For example, 12 months of cell phone bill, gym membership, car insurance, cable bill, etc.

With proper planning, you can re-establish your credit to the level at which you can qualify for a home loan.

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Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Bankruptcy Judge Rules that Bitcoin is Property, Not Convertible Currency

Posted on May 23, 2016by Admin

On February 19, 2016, a Northern District of California bankruptcy judge ruled in In re Hashfast Technologies LLC that, for purposes of valuation under the fraudulent transfer provisions of the U.S. Bankruptcy Code, Bitcoin is not the equivalent of U.S. dollars.

The case involved an adversarial proceeding brought by the bankruptcy trustee against a medical doctor who had been paid 3000 Bitcoin in 2013 by Hashfast Technologies LLC to promote Hashfast’s Bitcoin business. Evidence showed that, although the 3000 Bitcoin had an approximate value of $360,000 when “paid” to the defendant in 2013, it had since appreciated to a present day value of $1.2 million.

Hashfast filed for bankruptcy in May 2014, and the trustee sued to avoid the Bitcoin transfer under the fraudulent transfer provisions of the Code. The dispute that led to the ruling was how the Bitcoin should be valued for purposes of recovery to the estate should the transfer be successfully avoided. Was Bitcoin property (to be valued at its current value) or currency (to be valued as of the time it was transferred)?

Under Section 550(a) of the Code, if a transfer is successfully avoided, the trustee is entitled to recover “the property transferred, or, if the court so orders, the value of such property.” Thus, the trustee argued that the Bitcoin were property and that the estate was entitled to recover either the 3,000 Bitcoin or their current appreciated value of $1.2 million. The defendant in turn argued that Bitcoin were not property for purposes of Section 550(a), but rather the equivalent of their lower U.S. dollar value.

The judge concluded that Bitcoin were “clearly property.” He ruled that “[t]he court does not need to decide whether bitcoin are currency or commodities for purposes of the fraudulent transfer provisions of the bankruptcy code. Rather, it is sufficient to determine that, despite defendant’s arguments to the contrary, bitcoin are not United States dollars. If and when the Liquidating Trustee prevails and avoids the subject transfer of bitcoin to defendant, the court will decide whether, under 11 U.S.C. § 550(a), he may recover the bitcoin (property) transferred or their value, and if the latter, valued as of what date.”

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Eight Signs your Landlord is Breaking the Law

Posted on May 20, 2016by Admin

From non-refundable security deposits, which are technically illegal, to the lousy upkeep of rental properties, some landlords refuse to adhere to the landlord-tenant law. If you encounter any of these warning signs, it may be a sign you need to keep looking.

Your landlord will not let you see a Certificate of Occupancy (i.e. – CO). Some rentals require landlords to have a certificate of occupancy (CO), but in certain circumstances — like when you are renting a condo or a single-family home, for example — you are probably safe to assume that your new home is covered by one. But if you are considering renting a basement, attic, or garage apartment, you should make sure it is a legal dwelling before you enter into a lease agreement. If it is not, there is a chance that it may not be up to code, meaning it is not safe. Dangers can include potential fire hazards.
Your landlord asks if you were born in another country. Landlords cannot legally ask about your national origin, how many children you have, if you have a girlfriend (or boyfriend), or any other questions that could point to ulterior motives. Denying applications for discriminatory reasons, like race, religion, sex, sexual orientation, or disability are illegal.
You are expected to pay a nonrefundable deposit. This should raise a red flag. A deposit is always refundable unless there are reasons not to refund it. For example, a pet deposit is refundable if no pet damage is done when the tenant moves out.
The security deposit is REALLY high. Most landlords charge a security deposit before a tenant moves in, and that is perfectly legal in all states. However, landlords are often limited as to how much of a security deposit they can charge. The security deposit is a way for a landlord to cover any damages that may occur during a tenant’s stay, but make sure you shop around before simply handing over too much cash up front.
The terms of the lease do not sound right. You should understand everything in your lease agreement. If not, you need to ask for an explanation from your landlord. Just because it is in the lease, does not make it legal. For example, saying a tenant waives the right to sue or has to pay the landord’s attorney fees in the event of any type of dispute is unlawful.
Your landlord stops by… a lot. Beware of a landlord who lives nearby and stops by often. Outside of an emergency, under no circumstances can landlords use their keys to enter your apartment. When you become a tenant, you have a right to privacy. Landlords are allowed only after they have given you notice, which is usually 24 hours.
Your landlord raised the rent in the middle of your lease. Raising the rent is not illegal, if it is done the right way. If you have a signed lease, your landlord cannot raise the rent until lease-renewal time. And if you live in a rent-controlled unit or are a Section 8 tenant, your landlord has further limitations on how much rent can be raised.
Your landlord wants to sell and wants you to move out immediately. Property owners can sell their property at anytime. But if they are also renting it out, they cannot simply kick their tenants out whenever they like. They must give tenants proper notice. If you have a lease, for example, unless there is an early-termination clause that allows your landlord to break the lease early, you have the right to live out the lease in the unit.

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