June 19, 2013

Seeking debt assistance versus dealing with the debts on your own

This is a guest post from Martha Jackson who is an advocate for the debt consolodation industry and a writer on money and personal finance.

I have found it out for myself that if you become disciplined and aware and careful about the money that you are spending, it becomes easier to pay off debts. You can pay off debts in both ways – either by juggling the debts on your own or by seeking debt assistance. Paying off your debts is more like putting up with mathematics. It will involve more of calculations as you are required to pay off the debts based on your affordability. Thus, paying off debts on your own is not much different than paying off debts through debt help. So, if you can actually pay off the debts on your own, there’s actually no point running after a mirage for which you will be required to pay more money.

Debt assistance versus do it yourself

So, is it like seeking debt assistance is bad? No, it is not at all true that seeking debt assistance is bad. Actually, the thing is that if you can manage to pay off the debts on your own, then better save the money that you are required to pay as fees to the debt assistance companies for helping you in your situation.

The main difference between do it yourself and debt assistance debt pay off is only one; in do it yourself you start managing the debts on your own to pay those off and in case of debt assistance, the debts are paid off through the help of the debt help companies.

So, do it yourself is best for those people who have enough confidence in themselves and also have the time and energy to get the things straightened. On the other hand, seeking debt assistance is best for those who actually have no idea on how to go about the whole thing and if they are unsure of themselves.

Managing to pay off debts

The main thing that can work as magic on your debts is a proper discipline. You need to become disciplined in order to pay off your debts. That is, you will have to lower usage of the credit cards and become more careful about the item on which you are sending your money.

It is important for you to start budgeting in order to save money on your expenditures. In addition to that, you will also have to get copies of your credit reports so as to determine the number of debts, the type of debts and the total debt amount that is due.

Based on the type of debts, the debt amount and the amount of debts, you will have to try and choose a debt relief option that would be best for you to become debt free. you can either settle on the debts, consolidate those or try and get repayment plans on the debts.

Author’s Bio: Martha Jackson loves to write financial articles and she is a contributory writer associated with the Debt Consolidation Care Community and has written several articles on debt consolidation, debt settlement and get out of debt for various financial websites. She holds her expertise in the Debt industry and has made significant contribution through her various articles.

Lose money on your house in a foreclosure or short sale and you could get a tax bill from the IRS

Did you know that if you experience a foreclosure or a short sale on your house you could owe taxes to the IRS?  It’s true, but there are some ways out. 

Regardless of what you think of the banks, if the bank takes your house back in a foreclosure or if they accept less than is owed in a short sale, they lose money.  The tide of public opinion has dramatically turned against the banks and many people think that the losses, serves them right.  After all, they caused the mess and they got all of that bailout money too, so they can afford it. 

Depending on the state your property is in, it is possible that even though the bank takes a loss, they cannot come after you to pay that loss back.  You can even live in your house for free, let the bank take it and not owe them anything at all.  However, that is only part of the financial path that you need to be aware of. 

If the bank does take a loss from the loan on your property for any reason, they are required to issue you a 1099-C for the amount they lose on the deal.  The bank is also required to send a copy of that to the IRS.  You see, the way the IRS looks at it, the banks took a loss on the property so you effectively got a gift of that amount and that gift is taxable as ordinary income.   

So you lose a huge amount of money on the biggest investment that you have ever made.  You are feeling relieved just to get out of it without losing any more than you already have.  The bank cannot touch you and you want to put all of this behind you.  But wait!  There is more.  Now you have to deal with a much bigger and badder foe that will never go away, the IRS. 

It’s not an all bad situation, but like all laws, you are supposed to know what they are and how they affect you.  (Like we have time to understand everything about everything, right?)  So here is the short version.

In 2007 under the Bush administration, Congress passed the Mortgage Forgiveness Debt Relief Act.  It says that if your bank loses money on your property as a result of a foreclosure or a short sale you don’t have to pay the taxes on that loss.  Of course there are some limitations and those are important to know about.  This law was set to sunset at the end of 2010 but the Obama Administration extended the law through the end of 2012.  They did this in the Restoring American Financial Stability Act of 2010 which is also known as the Dodd-Frank bill. 

So what this means is that if your house goes through a foreclosure or a short sale before the end of 2012, you may be able to avoid paying any taxes on the loss the bank will take on that transaction.  We expect that Congress will want to extend this but they wait until the last minute to do everything and that will be right after the upcoming elections.  Will anything get done between the election and the seating of the new Congress?  We wouldn’t want to bet on it. 

Even though you have over a year to get this done, that may not be enough time.  If you believe as we do that the housing market is a long way from its bottom, you need to act soon.  Your bank is not going to help you and it’s obvious that the IRS won’t either.

If you owe more on your house than it is worth, you have 9 options that could help you deal with this with a strategy that is best for you.  Unless you know them all, you can’t decide.  We have an ebook that covers all 9 options.  CLICK HERE to get your copy.

If you just want to talk with someone about what you can do and how this tax law could affect you, we offer a free 15 minute phone consultation to help you get your immediate questions answered.  To schedule yours, CLICK HERE or call our office at 888-656-8850.

The laws and the banks strategies are changing all the time.  Stay with us and we’ll keep you updated.

Industry Wide Failure In Handling Credit Disputes

This is a reprint of a post from our friends at SAFE HAVEN CREDIT.  Safe Haven is a credit restoration company that we and our members have had a good working relationship with.  If you want bad credit removed from your credit report contact them.  www.SafeHavenCredit.com

Here is their article in its entirety.

Many, many folks would like to know exactly how the credit bureaus handle a consumer dispute. The following is testimony before the subcommittee on Financial Institutions and Consumer Credit of the Committee on Financial Services. This excerpt from the full testimony gives a pretty good insight into how the creditors and bureaus have basically been playing a “shell” game at the cost to consumers and their credit and their finances.  (The full report is here)

Approximately 80% of all consumer disputes received by the credit reporting agencies
are made in writing. The remaining 20% come in by telephone. Each agency has a different
process for handling these disputes, but all three use a similar system.

The three bureaus collaborated through their trade organization to automate the entire reinvestigation process using an online computer program, E-Oscar. Upon receiving a written dispute, often in the form of a detailed letter with documents attached, the CRA assigns the dispute to its dispute department. The employees within the department are usually hourly employees and are minimally paid. In the case of Equifax, things are even worse. The CRA contracts out its FCRA responsibilities to a foreign company based in Jamaica which uses only foreign labor for its “investigations.”

The job of a CRA dispute department employee, even if titled “investigator,” is solely data entry. No matter how detailed the written dispute, the CRA will merely translate it into a two digit code and, usually by automated means (ACDV), send a message to the furnisher/creditor  identifying the code its employee believes best describes the dispute. The employees of all three CRAs operate under a quota system whereby each employee is expected to process all of the disputes of an individual consumer in less than four minutes. Worse still, the “codes” used by both the CRAs and their subscribers (the furnishers) are limited in number and rarely describe the actual basis for the consumer’s dispute.

For example, in two of my recent cases, both identical, consumers Van Evans and Ray Bailey wrote dispute letters to all three bureaus. The disputes were conveyed in great detail and explained that the consumers were not responsible for the disputed accounts and that any signatures claimed to be theirs were forgeries. Each consumer dispute letter also enclosed copies of handwriting exemplars such as signatures on driver’s license, military ids and other credit cards. Van Evans had also obtained a copy of the forged note and included it in his dispute letter. When Equifax and Trans Union received the letters, their employees simplified the disputes to a code and the description “not his/hers.” This was all the furnishers received.

In a deposition taken in a Pennsylvania case, Trans Union’s responsible employee explained the CRA’s “investigation procedure.”

Q . . . [T]he dispute investigator looks
9 at the consumer’s written dispute and then
10 reduces that to a code that gets transmitted
11 to the furnisher?
12 A. Yes.
13 Q. Does the furnisher ever see the
14 consumer’s written dispute?
15 A. No.
Q. Are there any instances in which the
22 dispute investigator would call the consumer
23 to find out more about the dispute?
24 A. No.

This is consistent with CRA testimony in every other case of which I am aware. The Bureaus do not convey the full dispute or forward any of the documents to the furnishers. As an expected result, nearly all consumer disputes are verified against the consumers. <end excerpt>

As we have stated repeatedly, it is a travesty that consumers have few options but to sue the CRA’s to get justice.  It seems to me that Congress should consider raising the monetary penalty from $1000 per reporting to $10,000 or more and put a watchdog force to audit the CRA’s on a regular basis.

We continue to find that the CRA’s refuse to thoroughly investigate any reporting other than to confirm information with the furnisher/creditor. They will not go to the length of gathering and reviewing original documentation which the FCRA evinces and courts in every state have upheld.

Here is an additional report from National Consumer Law Center. “Industry Wide Failures In Handling Errors In Credit Reports“.

If you feel your credit rights have been violated, feel free to contact us for a free consultation. We may be able to assist you in finding a Consumer Advocate Attorney who specializes in credit law.

Oh the jobs, (Debt) you’ll create

If you believe as I do that Dr. Seuss was one on the smartest people on the planet, you will love this 4 minute video about how our politicians think and what they will do to fix a problem.

This video is clever, witty and unfortunately, accurate.

 

Unfair to blame Obama about creating jobs

There is so much out there written about how the President and his administration are not helping small businesses.   That has not been the case with my small business and I want to offer a big thank you to the President and Congress for helping my business in a big way.  I want to say that as a small business owner, I am grateful for the policies and the ideals that the President has put forward.  I am also appreciative for our Congress and the bills they have put forth to solve our economic crisis.  Those ideals have helped our business to grow and attract new clients on a daily basis.

 

 

As a small business owner, I have learned that the government has a tremendous amount to do with our ongoing success.  The government spends a lot of money in the private sector and they also control which businesses are going to be viable and which are not.  It was a hard lesson, but after 20 years in the mortgage business, I learned that the government has decided to give the mortgage business to the big banks and regulate the independents out.  That effectively put me out of business. 

 

When life gives you lemons, you make lemonade.  But don’t encourage your kids to sell that lemonade at a stand in front of your house because local government agencies don’t allow that anymore.  We are all forced to look at the opportunities presented and create from there.  

 

It has been almost two years since we started the Financial Revival Group to help underwater homeowners deal with their underwater homes.  In that time, we have seen a plethora of “help” for those with a house they owe more on than it is worth. 

 

The President introduced MHA which includes HAMP, HARP and HAFA.  MHA also have lesser know programs like PRA, 2MP and HAUP.  Some states are even getting into the game with their version of the EHLP program.   HUD has been a federal agency for decades now which includes FHA and their FHA2LP program.  FHA through their NSC is offering a new program called HECM.  Of course this does not even include FNMA and FHLC who is regulated by the FHFA and currently insures most conventional loans in the country.    

 

Billions of dollars have been dumped into these programs and yet more than 25% of houses in America with a mortgage on them (estimated at over 16 million) are underwater.   Homeowners complain that there is no help available for them.  Oh, they can talk to these agencies listed earlier but the actual help does not exist.  The proof that these programs don’t help is that there are about 4 million homes currently in some stage of foreclosure and according to Bloomberg, “There are 5 million seriously delinquent loans not yet in foreclosure”.   With this kind of track record, in the government, it was obvious to me what kind of service the market needed. 

 

At the Financial Revival Group, we help underwater homeowners understand all nine options they have to deal with their declining investment.  We help them understand how each of those options will impact their future from the cash flow, economic and credit perspectives.  We then help them develop a strategy and coach them through the implementation of their strategy to achieve their own Financial Revival. 

 

With the help of the government and the President in particular, our business is booming and our clients are happy with their choices and their outcomes.  For more information on how you can achieve your own Financial Revival, go to one of our websites. 

 

www.MyFinancialRevival.com      

www.MyOwnBailout.com

NY’s Bloomberg predicts rioting in the streets

New York Billionaire and current Mayor Michael Bloomberg is predicting riots in the streets if we don't solve the unemployment crisis in this country.  He was quoted in an article today in the New York Daily News from his daily radio show on WOR in New York. 

"We have a lot of kids graduating college, can't find jobs," "That's what happened in Cairo. That's what happened in Madrid. You don't want those kinds of riots here."

We have been talking in this blog about the possibility of this type of social unrest happening here.  We believe it is likely that we will see this type of problems especially in the major cities and the inner cities.  The riots we have seen around the world recently are all related to people who are willing to work to support themselves but find with the higher cost of food and the lack of jobs they are in a situation with no way out. 

We encourage our readers to store some food and water at home and have an evacuation plan if you live in a major city.  The fact that this is being openly discussed by the Mayor of our largest city shows how possible it is no matter where you live. 

If you want to take the NY Daily news poll on this topic.  CLICK HERE

The American Jobs Act – Same song, different spin

I watched the the presidents speech on thursday night where he unveiled his new plan to create jobs called the American Jobs Act.  Click Here to read the entire text. 

I love to watch the president give a speech.  He is really good at it.  His timing, mannerisms and voice inflections are masterful.  I have seen him give some mediocre deliveries but he was on his game for this one.  I give him high marks on the delivery of this speech.  But when you break the normal protocol and call both houses of Congress together in a forum that is normally reserved for a state of the union address, you better put on a good show. 

  

It was a good show.  A show to try to sell the American public on the idea that we should borrow another $450 Billion from our future to get him re-elected.   He was selling and selling hard.  In the salesperson vernacular, he asked the closing question, "Pass This Bill Now" a total of 17 times.  That is a harder close than you get in a time share presentation from a doe eyed closer with her shirt unbuttoned after feeding you 3 shots of cheap tequila. 

The truth is that the ideas he laid out were old news wrapped in a different package to try to slip it by us.  Why do I say this?  Here's why…

I'll start with the one that bothered me the most.  

Obama:  And everything in this bill will be paid for.  Everything.

My Opinion:  How can he say that with a straight face.  (Oh, that's right, he's a politician.  They all can do it.)   I believe that our nations debt will ultimately be our undoing.  We have to take serious actions now because we could already be out of time and not even know it.  Our politicians are still acting like the debt is another slush fund that they can tap anytime they want without any future repercussions.

What the president wants to do is to task the super committee (Do they get costumes with a big red "S" on them?) to increase the budget cuts they are supposed to come up with by an additional $450 Billion. (Keep in mind that the US treasury will bring in $2.2 Trillion this year.  This plan is almost 1/4 of our total income for the year.)  The super committee is already looking for $1.5 Trillion to cut. 

Now the President wants them to increase that by one third.  Even if they can do this, it means the president wants to borrow this money from China now and add it to the debt today.  Then pay it back with budget cuts over the next 10 years.  More presidential spin for we'll spend it now and say we'll pay for it later.

This is like your kid telling you that if you buy him this new bicycle right now, you can keep his allowance for the next year to pay for it.  You know how that will work out. 

OBAMA: "It will not add to the deficit."

My Opinion:  A deficit is the accounting from year to year.  The debt is the total of years of deficits we as a nation owe to our creditors.  If you spend $450,000,000,000.00 that we don' have this year and pay it back over the next 10 years, it has to increase the deficit this year.  The Presidents statement is flat out untrue.

Obama:  "Everything in here is the kind of proposal that's been supported by both Democrats and Republicans, including many who sit here tonight."

My Opinion:  He is recommending that we cut social security payroll taxes for both employees and employers.  As a small business owner I would welcome that.  If I were a 25-30 years old.  I would really welcome it because people in that age range don't believe they are ever going to get social security benefits anyway.  This idea will have a hard time gaining much GOP support.  

He wants some changes to Medicare to save money.  The Democrats don't like this one.  They may go along with it until he gets the money he wants.  But you can bet that future democrats will work hard to roll all of that back.  They are politicians, (see comment above) They will blame the Republicans in general and the Tea Party in particular for forcing it.  If it comes up, the Democrats will vote for it, because this tactic will give them cover for changing  course in order to sell it to their constituents.  After all, their only goal in life is to get re-elected. 

He wants to tax the wealthy.  He keeps singing this song and the GOP keeps saying no.  The GOP says no because they know it is symbolic and will have little effect on the actual budget numbers.  Truthfully, I believe the GOP will ultimately agree to raise taxes on the rich over $1 Million a year and close tax loopholes.    They are waiting for the Democrats to shoot all of their spending bullets first.  If they give in before that, it will only make the situation worse from a debt perspective and the GOP knows this.  If they get more revenue from taxes, this administration will take the projected increase in revenue and find some new cause to spend it on to buy more votes in the next election.

OBAMA: "Pass this jobs bill, and we can put people to work rebuilding America."

The President owes his election to the unions.  They donated a ton of money and more importantly they put soldiers out in the streets making sure to get out the vote.  He cannot get re-elected without their help an he knows it.  They are not happy with what he has done since he has been in office.  This is his olive branch to them along with a promise to do better by them if they will help him to get re-elected. 

The jobs he is talking about here are union jobs, construction and public employees.  IN this speech he specifically mentioned hiring more teachers.  These jobs are overwhelmingly union jobs.  In the public sector (government employees) almost 40% are union.  That is more than 4 times the rate of union employees in the private sector which is about 9%.  So does this mean that he is going to borrow money and hire more government workers with it?  I believe it does.  Union workers vote Democrat. 

OBAMA: "The American Jobs Act answers the urgent need to create jobs right away."

For people out of work, right away means, "Can I start tomorrow?"  To Lawyers and Politicians it means something totally different. 

The President wants to set up a national infrastructure bank.  (How much would that cost?)  Experts say that doing this could mean a two year delay in actual job creation.  It would be better to divide the money among existing state infrastructure banks.  They won't do that because it removes much of the power from Washington DC and they don't trust the states to spend it correctly.  

Many times in our history, housing has been the catalyst that has pulled our economy out of a downturn.  This downturn is much worse than in the past and was caused primarily by the drop in housing.  Yet the President dedicated one sentence to housing in his speech.

OBAMA: "And to help responsible homeowners, we're going to work with Federal housing agencies to help more people refinance their mortgages at interest rates that are now near 4 percent."

Here is what he is going to do.  He is going to introduce an expanded version of the Fannie Mae DU REFI PLUS program.  This program currently allows people who are upside down in their mortgages by up to 125% to refinance their homes.  Freddie Mac has a program like this too. 

So far these programs have been dismal failures as an overall solution to the problem of underwater homeowners.  With 20 years experience in the mortgage business, we know that if Fannie and Freddie give anything away in a program, they take it away somewhere else. 

This is totally inadequate for the following reasons.

1. If your loan is not owned by Fannie Mae or Freddie Mac, No Help For You.

2. If your loan is owned by Fannie or Freddie, you have to be perfect in every other area.  Credit, income and other debt or, No Help For You.

3.  If you applied for a loan modification, you had to get behind in your payments.  (Those are the banks rules)  You are no longer a "responsible homeowner" to use the Presidents words.  That means, No Help For You.

4.  If you bought your house in 2006-2009, you are probably more than 25% upside down in your house, No Help For You.

The reason that the President doesn't focus on housing is that most of the jobs in the housing industry are non-union jobs.  Why would he throw the dice one last time, borrow more money than we can pay back and use it to benefit non-union, private industry workers?  The answer is, he didn't and he won't.

Note to Homeowners:  No help is coming for you.  Housing prices will continue to fall by at least 20% over the next few years.  If you are not upside down yet, chances are greater that you will be before this is over.  Protect yourself.  Do your homework and look at all of your options. 

I enjoyed Mr. Obama's speech.  It was an entertaining political campaign speech.  As far as the message goes.  It was the same old rhetoric wrapped in new talking points. 

The bottom line is that this plan is still agenda driven, not the kind of solution we need today. 

He tried hard to convince us, but it still won't work.  They will try hard to sell it but when those efforts fail, they will resort to their old play book.  Name calling.

Non-Profit Housing Counselors are Funded by the Big Banks

If you are upside down in your mortgage and looking for help from your bank, one of the options you are given is to see a housing counselor.  We are told that these services are free of charge to the homeowners and these companies are non-profit.  So who pays for them?  The banks, that’s who.

 

 

 

Of course the government kicks in a small amount of their funding too but the lions share of their funding comes from the banks themselves.  In my mind, this taints the unbiased nature of the advice you could get from one of these housing counselors.  Is their goal to help you solve the problem or is their goal to keep you paying on your house to please their benefactors?  

 

In states that have a mediation program, the general rule is that in order to get a sit down meeting with someone from the bank that can actually make a decision on the spot, you have to be referred into the program.  If you don’t want to pay an attorney to refer you in, guess who you have to go to.  That’s right a non-profit housing counselor.  These same people who are paid by the banks themselves.  

 

We don’t mean to disparage non-profit housing counselors.  Our concern is “Do they start with the concept that you should keep your house at all costs?”  We believe that is exactly what they do.  

 

They bring you in for a session to go over your finances and help you figure out how you can continue to make your house payment.  We have met with people that have been through this counseling.  In most cases the homeowners said that they got limited ideas on how to re-arrange their finances.  It was all based on the house payment must be made so what else can you do in order to save the banks.

 

Here are the things they were told to do:

1.      Get a 2nd (or 3rd) job

2.      Eliminate your cable expenses

3.      Eliminate your internet expenses

4.      Get rid of your cell phone

5.      Spend less money on food

 

Of course we have only talked to a small sampling of the number of people that go through this counseling but the reports we get from them are almost universal.  No one was told to stop paying their credit card bills.  Not one of them was told to stop paying their house payment.  The solution was to get another job and don’t eat so much.  

 

In the interest of full disclosure, some were encouraged to seek out an attorney and investigate bankruptcy as an option.  But in our experience, if people consider letting the house go back to the bank, many of them would not need to use bankruptcy as a solution at all. 

 

In a recent article by HousingWire.com entitled Wells Fargo doubles support for credit counseling nonprofits.  The article explains that Wells Fargo is increasing their commitment to non-profit counseling agencies by 35% this year up to a record $12.4 million.  That’s just Wells.  All of the banks are doing this. 

 

To get a meeting with the bank to find a solution to the mess they created, the law that they helped write says…

You have to be referred into the program by someone that the bank pays

 

But then, if you were the banks and your goal was to keep people paying in spite of the evidence to the contrary,

What would you do?

 

As usual, the banks are protecting themselves at the expense of the rest of us.

Shilling: Buy Bonds, Sell Your House and Bank on Dollar

Investor Gary Shilling advises investors to buy bonds, sell their homes and bet against stocks and commodities.

To read the entire article on Moneynews.com CLICK HERE 

This may be great advice for the small percentage of people that still have equity in their homes.  But what about those that don't.  Today over 16 million homeowners are upside down in their mortgages.  We at the Financial Revival Group are predicting at least another 20% drop in housing prices and Shilling agrees with us.  As the value of homes continues to drop, we expect to see over 20 million homeowners upside down in their properties.   In a recent Deutsche Bank article, they are predicting that over 50% of the homes in America that have a mortgage on them will be underwater in the next 4 years.  It is our belief that if you are not paying attention to this, you very well could be left without a chair when the music stops.

The evidence and the direction of the housing market is clear.  You have to save youself.  If you can't sell your house, there are other options.  Look at all nine options before you make a decision as to which way to turn.  Your financial future depends on it.  We are headed for some uncharted territory in terms of the world and US financial situation.  You can't use the old rules to survive this one. 

If you haven't read our free Ebook.  It is available to the right of your screen.