Renter’s Rights Violated by Foreclosed Property Owners

Many renters, particularly in the Miami-Dade area are under an increasing amount of pressure due to foreclosures placed on the property they are renting. A recent federal law passed by President Obama, called Help Families Save Their Homes Act states that following the date of foreclosure, the renter has 90 days before vacating, if they are renting month-to-month, or until the end of their lease. However, many landlords are taking matters into their own hands and are disregarding the law, evicting tenants before the end of their lease.

A large part of the problem is lack of knowledge on the part of the owner and the tenant. New owners are taking advantage of the fact that lawmakers are not enforcing these laws. A lot of my clients are unaware that only an order by a judge can force them out of their home before their lease ends. In July of 2009, the Affordable Housing Task Force created a packet for individuals in the Miami-Dade area explaining their rights as a tenant and their landlord’s rights as a property owner. The packet is complete with scenarios and different routes you can take in addressing this legally if you have been violated of your rights.

http://www.miamidade.gov/foreclosure/library/Know_Your_Rights_Handbook.pdf

If you have any questions on this topic or are facing foreclosure, please feel free to contact Bankruptcy and Foreclosure 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. Web site at www.miamibankruptcy.info.

Florida Supreme Court Enacts New Law to Clean-up Foreclosure Filings, But many Attorneys continue to ignore it

In an attempt to clean up careless legal mistakes and incomplete documentation submitted by attorneys in foreclosure cases, the Florida Supreme Court recently enacted a new law that requires the attorney or bank filing a foreclosure to verify that the allegations and paperwork are accurate when a residential property is at stake. A majority of the paperwork filed up to this point has been submitted incomplete or with careless mistakes made, resulting in time and resources being wasted by the courts.

This issue is of particular importance in South Florida, where it seems many homeowners can’t seem to catch a break when it comes to foreclosures. According to recent numbers from RealtyTrac, foreclosures in South Florida have grown 71 percent in the first quarter compared to the same time frame in 2009. These continuing problems with the foreclosure process could affect the speed at which the housing market recovers, slowing the process of reselling properties and stabilizing the market.

However, a stand still has occurred recently in these cases. The attorneys of large foreclosure firms are choosing to ignore the ruling, claiming the decision from the Supreme Court states “not final,” while Florida judges and defense attorneys fight for the section of the decision that states “shall become effective immediately upon the release of this opinion”. Well, that opinion was released back in February.

The bottom line for South Florida homeowners, who are in the middle of this, is when a foreclosure is filed: Do NOT just hand over your property. Rather, make sure the bank or lender retaking your home has the proper paperwork to show for it. Finally, hire an experienced attorney. 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. Web site at www.miamibankruptcy.com.

To read more on this story go to:

http://www.heraldtribune.com/article/20100601/ARTICLE/6011046/0/NEWS?p=4&tc=pg

The Basics of Foreclosure

Foreclosure is an action by the bank to take back your property. You have the right to fight that action. Banks must take specific steps, in the correct order, with the correct timing, in order to have the right to foreclose. Without hiring an attorney, you may not know whether the bank has done the foreclosure correctly.

Additionally, almost all mortgages in the state of Florida have the right of “reinstatement.” This means that, if at any time during the foreclosure litigation process the borrower comes up with the money for the late payments or can make a deal with the bank to cure the arrearages or late payments, legally the bank must dismiss the foreclosure action.

Many people feel very overwhelmed when they get sued for foreclosure–they move out of the house or sign the house over, not knowing that by hiring an attorney and fighting this action it is very possible to save the house, even without filing bankruptcy.

Let the Foreclosure Defense law firm of Kingcade & Garcia, P.A. aggressively advocate for your rights to help save your home. Free consultations are available by calling (305) 285-9100.