Tag: Timothy Kingcade

Foreclosures, Timothy Kingcade Posts

BREAKING NEWS: Florida’s Foreclosure Mediation Program Cancelled

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On December 19, 2011, Chief Justice Charles T. Canady signed an order that terminated Florida’s mandatory foreclosure mediation program. The program was originally established as a means for the court system to address the overwhelming number of mortgage foreclosure cases coming through the system, and level the playing field between foreclosure victims and big banks.

This is another huge win for big banks. Cases already referred to and pending mediation prior to December 19, 2011 will remain in the program through completion of mediation. After the date of the order, no new cases may be referred to Florida’s Foreclosure Mediation Program.

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. If you have any questions on this topic please contact foreclosure defense attorney, Timothy Kingcade at (305) 285-9100. He 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. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.

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.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Economic Conditions Push U.S. Poverty Rate to New Heights

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It is estimated that 46.2 million people are now considered to be living in poverty, which is 2.6 million more than last year. New census data released for 2010 show that the poverty rate has risen 15.1%. That’s up from 14.3% in 2009. With the current economic conditions and many Americans out of work, these statistics are not surprising.
The U.S. government defines the poverty line as an income of $22,314 a year for a family of 4 or $11,139 for an individual. The poverty rate for adults 18-64 rose to 13.7% and the rate for children under 18 increased to 22% in 2010. This translates to 1 in 5 children in America living in poverty. The rate for women living below the poverty line is 16.2% and for men the rate is 14%. Race was also a factor in the study. The poverty rate was lowest for non-Hispanic whites at 9.9%. Blacks had the highest rate at 27.4%, followed by people of Hispanic origin at 26.6%. Asians had a poverty rate of 12.1%.

The income used to calculate poverty status includes earnings, workman’s compensation, unemployment insurance, Social Security, veteran’s payments, pensions, interest and dividends.

To read more on this topic visit:
http://www.local10.com/money/29167705/detail.html?treets=mia&tid=2653406101813&tml=mia_12pm&tmi=mia_12pm_1_11000509132011&ts=H

If you have any questions on this topic or are in need of a financial fresh start, please contact our experienced team of bankruptcy attorneys at (305) 285-9100. 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. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Foreclosures, Timothy Kingcade Posts

Thirty-Two Plaintiffs File RICO Action against JPMorgan Chase Bank and Chase Home Finance, LLC

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A Complaint has recently been filed in the Circuit Court of Palm Beach County, Florida against JPMorgan Chase Bank and Chase Home Finance, LLC. The 29-page Complaint alleges several causes of action including violations of the Florida RICO Act, and requests temporary and permanent injunctive relief on a national level to halt all Chase-related foreclosure activity in the eight separate states in which the Plaintiffs reside.

The Complaint alleges a pattern of criminal activity on the part of JPMorgan Chase Bank and Chase Home Finance in connection with the institution of both judicial and non-judicial foreclosures. These include but are not limited to the filing and recording of forged and fraudulent documents, fraudulent collection activities, intentional misuse of the MERS system, and the intentional misrepresentation in foreclosures across the United States.  The four counts from the complaint include:

COUNT I: COMMON LAW FRAUD
COUNT II: CONSPIRACY TO DEFRAUD
COUNT III: VIOLATIONS OF FLORIDA CIVIL REMEDIES FOR CRIMINAL
PRACTICES ACT (FLORIDA RICO ACT)
COUNT IV: TEMPORARY AND PERMANENT INJUNCTIVE RELIEF

If you have any questions on this topic or are in need of a financial fresh start, please contact our experienced team of bankruptcy and foreclosure defense attorneys at (305) 285-9100. Since 1996 the attorneys at Kingcade & Garcia, P.A. have been helping people from all walks of life build a better tomorrow. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.

Bankruptcy Law

Bankruptcy Filing Advice

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Bankruptcy filing is at an all time high and many people are having a tough time understanding some of the recent bankruptcy rules and how they can affect their filing. It is important that you retain a lawyer with significant experience in bankruptcy law who can answer your questions and clearly explain to you what your options are. Before making a decision to file bankruptcy, you should know that not all of your debts will be discharged by the court. Tax debts, college/graduate school loans and child support are some of the non-dischargeable debts.

While bankruptcy leaves a poor mark on your credit report for several years, it should not discourage you from filing. Usually, you can obtain new credit if you show proof that your financial situation has improved and you have been consistently employed with the same company for at least two years.

A common bankruptcy advice tip when it comes to credit repair is to check your credit report for errors. You are entitled to receive one free credit report per year from Equifax, Experian or Transunion. You can write, call toll-free or visit the Web sites of these companies to order your free credit report.

Once you have your credit report, review the information carefully. Check your personal information, account and credit payment information to make sure everything is accurate. If there are any discrepancies, inform the credit company in writing requesting the information be corrected, and make copies of these documents to back up your claims.

There are reputable financial institutions that are willing to help you restore your credit. Shop around, compare your options and be patient in your search. You can get information on the general terms of bankruptcy and credit cards by simply inquiring with the different companies. Note that too many credit applications and credit checks will lower your credit score significantly.

Filing for bankruptcy is emotionally and mentally stressful. A good bankruptcy attorney will help you navigate through the legal process, and provide you with immediate debt relief and valuable information, along with services and advice to help get you back on your feet financially. At Kingcade & Garcia, P.A. our attorneys have devoted their careers to helping clients with their problems and take extreme pride in the results achieved for them through Chapter 7 bankruptcy and foreclosure defense cases. The day you hire our firm, we will contact your creditors to stop the harassment now. We offer free office consultations and will listen to you, evaluate your individual situation, and take immediate action to help you get the relief you need.

Please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.

timothy kingcade

Bankruptcy Law, Timothy Kingcade Posts

A Bankruptcy Fresh Start Post Holidays: How holiday spending can impact your filing

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A Bankruptcy Fresh Start Post Holidays: How holiday spending can impact your filing

It’s important to remember this holiday season, that spending behavior can affect your ability to discharge certain bankruptcy debts- particularly when purchases are put on credit cards.  Credit card issuers who believe that some part of the debt owed to them was incurred by the purchaser without the intent to repay can come back and sue the debtor in their bankruptcy proceeding.  Under Bankruptcy Code Section 523 the creditor can argue the debt was incurred by fraud and should survive the bankruptcy case.

As part of a New Year’s resolution, start by putting your credit cards away this holiday season and move to a “cash only” system.  Get a fresh bankruptcy start by filing this New Year.    We will stop creditor harassment and help you get back on your feet.

If you have any questions about this topic, please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.

– Timothy Kingcade

Bankruptcy Law, Timothy Kingcade Posts

New Survey Reveals Economic Factors Behind Bankruptcy

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CHICAGO, IL, (AttorneyNewsWire.com) — December 24, 2009 — As America closes out 2009 with roughly 1.45 million bankruptcy filings, a new survey reveals the possible economic factors behind the surge.

The statistics are based on a December 2009 survey of 1,000 people contacting Total Attorneys to connect with a bankruptcy lawyer.

The Economic Factors Survey
When asked which economic factor (job loss/wage reduction, the credit crunch, increased mortgage payments, gas prices or food prices) forced them to consider bankruptcy, 57% of respondents cited job loss/wage reduction.

“Widespread, long-term job loss means many people don’t have the income to cover basic living costs,” says Kevin Chern, bankruptcy attorney and president of Total Attorneys. “Bankruptcy may be a way for people to protect their homes and regain control over their finances.”

The Bankruptcy Relation Survey
In an indication of how much the bankruptcy idea has spread, 10% of people polled said they know three or more people who recently considered bankruptcy.

“Bankruptcy isn’t something that happens to someone else,” says Chern. “It’s not a sign of failure or irresponsibility. For many people it’s a way to protect their family.”

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Bankruptcy Law, Timothy Kingcade Posts

Five Post-Bankruptcy Myths

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The decision to file for bankruptcy is typically a last resort for consumers who find themselves plagued with debt. While bankruptcy may offer a fresh start and relief from bills incurred from divorce, unemployment and uninsured medical costs, many consumers worry about how the decision will ultimately impact their financial future.

“Most people who contemplate bankruptcy fear they will never again own a credit card or be able to buy a home or get a new car or even take a vacation,” says Paula Langguth Ryan, author of “Bouncing Back from Bankruptcy.” “There are a lot of misconceptions about obtaining credit after bankruptcy.”

If you have filed for bankruptcy and are wondering whether you should apply for credit, and how to go about rebuilding your credit score, you aren’t alone. A report from the Automated Access to Court Electronic Records released in June found that consumer and commercial bankruptcy filings are on pace to reach 1.5 million in 2009.

Ryan, who once filed for bankruptcy, now counsels others on how to achieve financial freedom and avoid feeling overextended. She says some of the most common misconceptions about obtaining credit after bankruptcy include:

1. Filing for bankruptcy will permanently ruin my credit.
Many people actually obtain a higher credit score in the years following a bankruptcy if they successfully change their spending habits.

As you work to re-establish yourself as a good credit risk, Ryan recommends making sure your credit reports are accurate. To get a free copy of your credit report, visit annualcreditreport.com. The three major credit bureaus are Equifax, Experian and TransUnion.

“Under a new federal law, consumers are entitled to receive free copies of their credit reports from all credit bureaus every 12 months,” Ryan says. “All three reports can be ordered via telephone by calling (877) 322-8228. You also don’t need to order all three reports at once, by staggering your requests, you can order one from each credit reporting agency every four months.”

– Posted By Timothy Kingcade

Bankruptcy Law, Florida Bar, Timothy Kingcade Posts

Recent Florida Bar Advertising Rules: How it affects Consumers and the Practice of Law – by Timothy Kingcade

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The Florida Supreme Court recently enforced some strict advertising rules when it comes to attorneys promoting themselves via Web sites, legal profiles, blogs, social media tools, billboards, ads, etc.  The most recent ruling on November 19th states that lawyer Web sites may not:

• Make statements that characterize the quality of legal services being offered;

• Provide information regarding past results;

• Include testimonials.

 

The Florida Supreme Court says the purpose of these new rules is to protect consumers from misleading information, provide them with accurate and helpful information in the selection of a lawyer, and respect lawyers’ abilities to provide information about themselves to the public.   They contend that these new rules benefit the consumer and protect the practice of law. 

However, many attorneys are arguing that it’s their first amendment right to engage in truthful advertising on the Internet.  For example, publishing their successful verdicts/settlements and positive client reviews on their firm’s Web site.   

One of the negative implications for consumers is that it levels the playing field of all Florida law firms, no longer allowing the “best firms” to showcase impressive verdicts and settlements received on behalf of their clients. This in turn will make it more difficult for consumers to make informed decisions on legal representation. 

Also, these new laws have the potential of putting Florida law firms at a competitive disadvantage with other law firms nationwide.  Attorneys practicing in other states are not as restricted with the content placed on their Web sites, blogs and social media tools.  These rules are scheduled to take effect January 1st, 2010.

To keep up to date on the latest attorney advertising rules in the State of Florida visit the Florida Bar at www.floridabar.org. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.  If you have any questions about this topic, please feel free to contact me at (305) 285-9100.

-Timothy Kingcade

Bankruptcy Law

Timothy Kingade on Trends in Bankruptcy Law

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Recently, it has come to my attention the increase in my clients’ emotional exhaustion over losing their homes due to foreclosure.  Unfortunately, for those facing foreclosure here in South Florida, President Obama’s “Mortgage Rescue” plan has not yet materialized.  I have been able to help those facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives.  I also help those with the removal of mortgages in Chapter 13 bankruptcy filings.

Other bankruptcy trends I have noticed in my practice include an increase in the amount of senior citizens filing as a result of having to put their monthly prescriptions on credit cards.  Many of these individuals are already on fixed financial budgets and Medicare/Medicaid coverage applies only after a certain amount is covered by the consumer.  There has also been an increase in bankruptcy filings among college/graduate school educated individuals as a result of the 2005 law no longer discharging private student loans.

If you need relief from creditors calling and are considering bankruptcy as an option contact our experienced and compassionate attorneys today for a free consultation.  At Kingcade & Garcia, P.A. our attorneys have many years of legal experience and handle over a thousand bankruptcy filings each year.  We are sensitive to your financial issues and offer reasonable fees and payment plan options to clients in bankruptcy and foreclosure defense cases.

– Timothy Kingcade