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Planning for Retirement
10/11/2011 8:36am
Sadly, retirement is not a guarantee for most people, nor is it usually enough to financially thrive on month after month. You should prepare to start saving now for what you’ll need in the future. Time and extensive planning are essential to a stress-free and enjoyable retirement.
According to BankRate.com, there’s a need for a method to saving for retirement. For example, if you’re 25, you should be saving $2,000 per year towards retirement, giving you a retirement egg of $560,000 with 8% interest. Workers who begin saving ten years down the road, at age 35, will merit you about half as much money--$245,000, when you reach 65.
Realistically, everyone should have a savings account. If this is something you’ve put off in attempts to pay down debts, you need to contact a professional debt management company. They can help manage your finances and provide you with money to go around to savings after bills are tended to by cutting interests rates, and sometimes even cutting balances.
A 401(k) is a great tool to use now for living expenses later. Take advantage of your company’s offering and let them match your account. This account’s restricted access will also ensure that more is going in, which is harder to say with a transferrable savings account drawn at your bank.
An IRA is a perfect alternative for someone who doesn’t have the 401(k) option. Deposit up to $5,000 per year and build a substantial account to live off of in your later years. Now is the time to get prepared for the future—you never know what could happen!
Ways to Dodge Checking Account Fees Tied to Your Debit Card
10/11/2011
6:44am
One by one, more banks are adding fees for having a checking account with them. For example, Bank of America is charging your checking account $5 per month for debit card use. Wells Fargo and Chase are next in line. Fortunately for you, there are a few tips and tricks you can put to use to avoid becoming subject to them.
First, though it may seem like a hassle, change banks. Big banks across the country view you as a number. When you work with a smaller, local bank you are likely to get treated better and valued more as a customer. Credit unions are another option that serves members as the priority, and customers are the main focal point. These are a great option if you have one in your city.
Using credit cards is another option. If you can control your spending, make purchases on your credit card and simply pay that account with your checking account. This could, however, present a problem to people with personal debt problems. Track your spending and you won’t get any surprises at the end of the month. Also remember to pay in full so you aren’t subject to credit card fees, such as interest.
Pay with cash, and keep a record. Taking money from the ATM and using it for daily purchases is safe, and it will help you to really zone in on how much money you spend and what you purchase.
Be sure to read the fine print on changes coming to your bank account in the near future so that you don’t get burned by new fees. We want to see you manage your finances and get a hold on debt—bank fees need not apply!
Personal Finance Lessons Courtesy of the US Government
8/13/2011 12:11pm
As many of you know, the fastest way to lose your hold on your finances is to overextend yourself by taking on too much debt. Unfortunately, we recently saw in the media that anyone is at risk of acquiring a major debt problem—which we all are witnessing with the U.S. government.
Amazingly, what people seem to forget about borrowed money is that it’s just that—and it needs to be paid back, and with interest. Credit lines and loans are not free money, and they shouldn’t be treated as so. Between student loans, mortgages, car loans, and credit cards—its very easy for spend-happy consumers to get carried away and drown in a sea of debt.
In fact, a good percentage of people have extended themselves so far on credit, that even making minimum payments is either difficult or impossible. Credit scores plummet, interests skyrocket, and we are left dumbfounded. Interest is an enemy to your income, the longer you pay it, the longer the money simply goes to the financial institution who lent you the funds. Basically, the interest you’re paying is then paying the credit card company representative who you find so irritating. It does not apply your balance AT ALL.
If you carry debt, your goal should be to get out of it. Debt is a dangerous cycle that grows without meticulous efforts. While paying down debt isn’t fun, over time you should develop a little thrill as you see the balances shrink. No more jitters as you open your credit card statement; you should see dwindling numbers as the months go by. As you rid yourself of encumbering debts, you will begin to truly understand and enjoy financial freedom. If you need professional assistance with this, don’t hesitate to pick up the phone and call your debt experts at Nationwide Consumer Debt Relief.
When Automated Bills Could Cost You
8/4/2011 8:58pm
Yahoo Finance recently profiled five scenarios where setting up auto payments may actually be detrimental to your finances. Here are some of the instances where you should avoid paying automatically:
Cell phone bills: Thanks to the new world of apps and markets, people are spending more on downloadable apps and upgrades. If you are a part of a family plan, these little costs certainly can add up. You want to make sure you look through phone bills with a fine tooth comb, especially if you’re monitoring who’s spending what. Further, it’s much easier to dispute a charge before you’ve paid your bill—rather than count on a refund that the company could drag out.
Insurance & Cable Bills: As with most long term offers, companies can lure you with a promotional rate for, say, 12 months. Then on month 13, they can up your fees and charge more than you are used to. Insurance premiums can go up little by little and if you aren’t paying attention to your statements you could end up paying much more than you signed on for. For cable, you can get charged for ordering movies, and again the promotional rates adjust to a higher cost. If the bill gets out of hand, cancel service and go for a lower-cost alternative, such as Netflix.
Utilities: Again, another usage service. If you open your utility bill and it is significantly higher than previous months, you need to investigate why. Habits like leaving the lights on or the a.c. cranked are usual culprits, but for a significant jump you want to investigate either a leak or something left on or open that shouldn’t be, such as a refrigerator.
Nationwide Consumer Debt Relief understands that you want to save money wherever you can. With that in mind, we want to help you optimize your budget and pay down your debts. Check with one of our qualified representatives today about how to cut down monthly payments and begin to see your life debt free!
Prepare Yourself for the Future Cost of College
7/25/2011 6:21pm
No matter the state of the economy, one thing seems to reign true: college tuition will continue to spike as the years go by. Prepaid college plans are nothing new, and they certainly prepare parents for the big day when freshman year of college rolls around. Plans can be tailored to meet what you predict for them, such as 2 years community college + 2 years 4 year university, 4 years at a 4 year university, housing additions, meal plans, etc. The great part, is that if students get a scholarship (such as Bright Futures here in Florida), then the prepaid money gets refunded after the scholarship is applied each semester. This will certainly help to put a little extra money back into you or your student’s pocket.
Currently, the tuition rate goes up annually by about 8%. Basically that breaks down to today’s tuition (about $20,000/year) will go up to about $80,000/year for a baby born today. There are several options for prepaid college plans.
Planning ahead for college is a great way to avoid accumulating debt down the road and to avoid the sticker price of $80k all at once, especially when you can pre-pay now and lock in the current tuition price. Whether your child ends up attending college or not, it is much better to be safe than sorry when the big day rolls around.
If you are having trouble allocating funds for important expenses such as college funds or student loans, you should seek the professional financial guidance of Nationwide Consumer Debt Relief. Our skilled representatives can help by giving you credit counseling, debt consolidation, or debt settlement techniques that will help you to pay off your debt in less time. Call today to speak to a representative. Remember, your credit if your life!
Finance Tips to Learn from Reality Television
7/25/2011 3:52pm
Recently, Fox Business posted an article that correlates finance advice to lessons learned on popular reality shows. There are techniques that you can incorporate into your spending routine thanks to some of the shows that you probably watch already. While the messages may not be implied, their value is certainly important to the everyday American consumer.
From TLC’s “What Not to Wear,” viewers are taught to invest in high quality pieces and making them the foundation of your wardrobe. This is to discourage shoppers from buying pieces simply because they are on sale, which simply leads to a closet filled with too much clothing, much of which will not be worn more than once or twice.
Plan your shopping like “Extreme Couponing” experts. Impulse buys are the antithesis of smart shopping. Make a list, browse for deals, see how to get the most for your money. While the extremists on the show take it to an entirely different level, you can still save a bundle by coupon cutting and only shopping for what you need. All of those 40c off start to add up.
Make steady progress, like “The Biggest Loser.” Getting out of debt is not a sprint, it’s a marathon. Don’t get down on yourself if you aren’t hacking the debt away in huge amounts each month, because it’s steadfast consistency that is going to help you achieve your goals. The same goes for eating right and exercising, it’s a lifestyle change you must embrace, not one month of dieting and you’re fit for life.
Next time you’re watching your favorite reality show, look for meanings within the show that will make the program more than just a guilty pleasure—turn it into a lesson learned.
Deceptive Florida Debt Settlement Company Banned From Missouri Operations
Florida debt consolidation firm Vortex Debt Group has reached a settlement with the state of Missouri that they will officially cease business with Missouri residents and will subsequently refund fees that have been paid to the company by recent Missouri customers.
The settlement was the result of the Missouri Attorney General filing a complaint after complaints continually piled up against the Vortex Group. Specifically, the company left debt-ridden customers with more debt and less money, due to the fact that they failed to reduce existing debt and took clients money anyway.
This case comes along at a time where states are paying more attention to the morals of debt settlement companies and monitoring advertisements and the promises they make to customers. Considering the current state of the economy, where many Americans are struggling to put food on the table and pay bills, this strict monitoring comes at a welcome time.
Via Consumer Affairs
Avoid Piling on Debt by Calculating the Real Cost of College
When choosing a college, it's important to analyze what costs and expenses are involved. While tuition is obviously a huge portion of college-related fees, it's merely the tip of the iceberg when it comes to a student's day to day life. Realistically, housing, food, and trips home are all additional expenses that affect students. On top of that, parking passes, Laundromats, gas, and a host of other expenses (not to mention miscellaneous emergencies) should be considered when budgeting out a student's month to month finances. A recent article on Yahoo Finance examined some of the additional expenditures tied to a college education.
Students should seek out financial assistance, which colleges offer a bevy of. Whether it's a scholarship, federal aid, or a part-time job found through university job boards, there are resources available to help students alleviate the costs of college. Check with Financial Aid departments and get expert advice pertaining to your school on what you can apply for. Student loans might not be ideal, but they are usually offered at a fixed interest rate and can be a good way to get some financial help and build your credit.
If you have financial questions regarding college expense or budgeting for life in general, don't hesitate to contact your friendly credit counseling and debt consolidation professionals at NWCDR.
Debt settlement firm to lay off 112 workers
Recently, the Sun Sentinel newspaper reported that a debt settlement firm in Delray Beach, FL is undergoing a layoff set to impact over 100 employees. GHS Solutions (alias Full Circle Debt Relief) has been a target of 184 complaints to the Better Business Bureau in the past three years alone.
So what was the consumer complaint about the GHS/Full Circle operation? According to Mike Galvin of the BBB in West Palm Beach, up front fees for debt consolidation and credit counseling services were charged to consumers who signed up for debt management services. The fees ranged anywhere from $1,000-$5,000, and in the end offered clients little-to-no debt relief.
Sadly, this case is hardly unusual. Credit counseling companies are not all accredited by the Better Business Bureau, and they take advantage of Americans when they are already at a low financial point. Here at Nationwide Consumer Debt Relief, we want to make sure you take the necessary precautions when seeking debt management help. Research the company and read testimonials. Check up on open consumer complaints. Being smart and prepared can keep you from becoming a victim.
Remember, your credit score is your LIFE! Contact NWCDR today to get your credit back in order and your debt under control.
Hounded by Debt
Collectors? Facebook May Make it Worse
As social media
continues to gain popularity and prevalence, it seems it was only a matter of
time before the collection agencies jumped on board. While most people are
naive to the reality of how many people view their social profiles, and how
much information they are actually giving away, it is time that you realize the
impact of social networking and take necessary precautions to protect
yourselves.
Collection
agencies will use information that you post on social networks to their
advantage. This means anything that you post is open to the public, and
therefore open to collection agents. But there are some rules that the agencies
must abide by such as being up front with their identity. Collection agents
cannot attempt to contact you online without disclosing that they are
attempting to collect on your debts. Disclosure is of the utmost importance.
Also, they
cannot utilize your friends list as ways to get a message to you. Meaning, they
cannot message someone from your friends and say they are trying to contact you
regarding a past due bill. By law, creditors are only allowed to disclose this
financial information with your attorney, co-signers on debts, or your spouse.
In addition, if you tell them that they may not contact you at work they can't
contact you at work.It's that simple.
While social
networks have proven they have heavyweight communication stature, there are
also traditional forms of contact that the agency must follow. For example, a
message online informing a debtor of their owed amounts is not enough. You, as
the debtor, should receive written notice of what you owe and to whom. Daily
messages reminding you that you owe money are unacceptable.
For more
information, check out this recent article on FOX
News.
Big Banker is watching you more closely than ever.
With lenders still skittish about making new loans, credit bureaus and others are hawking services that help banks probe deeply into your financial closet. The new offerings include ways to look at your rent and utility payments, figure out your income, gauge your home's value and even rate your banking habits based on details like whether your direct deposits have stopped.
[ Click here to check savings products and rates in your area]
All of this could influence your financial freedom not to mention the number of junk-mail solicitations you receive.
Ken Lin, CEO of Credit Karma, a credit-score information website, knew he had a good credit score. But when he recently applied for a new credit card, he was rejected: The lender had flagged him as a higher credit risk because the value of his California home had declined and his mortgage principal wasn't declining giving away that he has an interest-only mortgage.
"It's a lot more than just your credit score today," he says.
Your credit record still matters, of course. But here are some newer ways lenders and financial-services companies are sizing up your financial behavior and credit-worthiness:
[See Worst Money Moves and How to Avoid Them]
Bank-Depositor Behavior Scores
Fair Isaac, the creator of the widely used FICO (NYSE: FICO - News) credit score, is marketing bank-depositor behavior scores, which are used by banks to assess their own customers.
The scores are based on balances, deposit records and withdrawal activity, says Debb Gordon, a senior principal consultant at Fair Isaac.
Unlike credit scores which are most affected after payments are late or credit is maxed out behavior scores can be a leading indicator of credit risk. They also can help banks identify which of their customers might be ripe for additional services and rewards programs and which might need special attention because, for instance, their direct deposits had stopped.
Income Estimation
This business took off earlier this year after the Federal Reserve allowed lenders to use credit bureaus' income estimates to satisfy new requirements that credit-card applicants show the ability to pay their debts.
The bureaus use credit-record information, such as the size of your credit lines and the age and size of your mortgage, and plug it into models to predict your earnings. Those estimates also may be used to double-check the income you report on credit applications or to determine if you should be preapproved for credit.
You can't see those estimates. But if you are denied credit because of them, you must be given a chance to provide additional information.
Rent Payments
An estimated 40 million consumers, including young people and people who prefer to pay in cash, have too little credit experience to generate a useful credit score. But they are likely to pay rent or utility bills, which could help credit bureaus better assess their credit-worthiness.
Experian, one of the three major credit bureaus, bought RentBureau which collects rental-payment data from large property managers and expects to integrate that information into credit records before the end of the year.
Even if those consumers don't want credit, that information could help them win better rates from insurers, which may use insurance scores based on credit records, and fatten up thin credit files, which some employers check before making hiring decisions.
Credit bureaus say they also would like to offer data on cellphone payments, but have run into concerns over privacy issues, which may require legislation to untangle.
Collection Triggers
If you owe money, you can run, but you can't hide. Credit bureaus can now send daily reports to collection companies when a debtor's financial status changes say, if new employment information appears or if a debt starts to decline. A drop in credit use would indicate that the consumer has more capacity to pay and a better chance of repaying other outstanding debts.
[See Times When You Shouldn't Use Your Credit Card]
Home Values
As home values have plummeted and foreclosures have soared in many states, lenders of all stripes have become more cautious, as Mr. Lin found. Using home values as a factor in credit decisions doesn't appear to be widespread, but it may come into play when someone in, say, Nevada or California applies for a new loan. Of course, it also could work in your favor if you are one of the roughly 25 million Americans who owns a home outright.
Your Wealth
Information about your assets other than homes and cars, which aren't part of the credit record, may soon play a bigger role in your financial life. With a better sense of a consumer's balance sheet, lenders might be able to target potential customers better and also have a fuller sense of their likely risk. Equifax, another of the big three credit bureaus, offers financial-service providers an estimate of liquid wealth as part of a financial "suite" of information.
As all of this becomes a widespread practice, those who are prompt and careful in all aspects of their financial life may have more options and those who have been sloppy with, say, their bank accounts may be penalized for that.
SETTLING YOUR CREDIT CARD DEBTS
If you've maxed out your credit cards and are getting deeper in debt, chances are you're feeling overwhelmed. How are you ever going to pay down the debt? Now imagine hearing about a company that based on past history with hundreds of different creditors may be able to reduce or even erase your debt for pennies on the dollar. Sounds like the answer to your problems, right?
The Federal Trade Commission (FTC), the nation's consumer protection agency, says slow down, and consider how you can get out of the red without spending a whole lot of green.
Debt Settlement Companies
Many different kinds of services claim to help people with debt problems. Among them are "debt settlement" companies that say they'll negotiate with your creditors to reduce the amount you owe. Some debt settlement companies claim that they can arrange for your debt to be paid off for less than the amount you owe for anywhere from 30 to 70 percent of the balance. For example, if you owe $10,000 on a credit card, a debt settlement company may claim it can arrange for you to pay off the debt for less, say $4,000.
But there is no guarantee that debt settlement companies can persuade a credit card company to accept partial payment of a legitimate debt. Even if they can, you must put aside money for your creditors each month. Meanwhile, it may be months or even years before the debt settlement company negotiates with your credit card company to settle your debts. And, if you stop making your payments in the meantime, the credit card company usually adds late fees and interest to the debt each month, which is still better than not paying them at all or filing for bankruptcy.
Researching Companies
If you decide to pay a company to negotiate your debt, do some research before you choose one. Consider other people's experiences with debt settlement companies. One way to do that is to enter the company name with the word "complaints" into an Internet search engine. An even better source is checking the company out with the Better Business Bureau. You are making a big decision to spend money that could go toward paying down your debt.
Debt Settlement Fees
Companies that sell debt settlement and other debt relief services by phone cannot charge or collect a fee before they settle or reduce your debt.
If you do business with a debt settlement company, you may be required to deposit money for the company's fees and potential settlements in a dedicated bank account, which will be administered by an independent third party called an account administrator. The account administrator may charge you a reasonable fee, and is responsible for transferring funds from your account to pay your creditors and the debt settlement company when settlements occur as long as:
- The account is at an insured financial institution;
- You own and control the funds (and any interest accrued), and can withdraw them at any time;
- The debt settlement company doesn't own, control or have any affiliation with the account administrator;
- The debt settlement company doesn't split fees with the account administrator; and
you can stop working with the debt settlement company at any time without paying a penalty. If you decide to end the relationship with the company, it must return the money in the account to you within seven business days minus any fees the company legitimately earned.
Disclosure Requirements
The debt settlement company must give you information about the program before you enroll:
Fees and terms:Before you sign up for the service, the company must explain its fees. If the company charges a specific dollar amount for services, it must tell you what it is. The company can charge you only a portion of its full fee for each debt it settles. For example, say you owe money to five creditors. The company successfully negotiates a settlement with one of your creditors. The company can charge you only a portion of its full fee at this time because it still needs to successfully negotiate with four other creditors. Each time the debt settlement company
successfully settles a debt with one of your creditors, the company can charge you another portion of its full fee. If the company's fees are based on a percentage of the amount you save through the settlement, it must tell you both the percentage it charges and the estimated dollar amount that it represents. This may be called a "contingency" fee. The company also must tell you about any conditions on its services. For example, if it has a refund policy, it must tell you the terms and conditions for getting a refund. If the company has a no-refund policy, it must tell you so before you enroll.
Results: The company must tell you how many months or years it will be before the company will make an offer to each creditor.
Offers: The company must tell you how much money or what percentage of each outstanding debt you must save before it will make an offer to each creditor.
Non-payment: If the company asks you to stop making payments to your creditors or if the program relies on you not to make payments the company must tell you about the possible negative consequences of doing so, including:
- Damage to your credit report and credit score;
- Your creditors may sue you or continue with the collections process;
- Your credit card companies may charge you additional fees and interest, which will increase the amount you owe.
Tax Consequences
Depending on your financial condition, the money you save by using debt settlement companies can be considered taxable income. Credit card companies and others may report debt settlements to the IRS, and the agency may consider it income, unless it finds you are "insolvent." You are insolvent when your total debts are more than the fair market value of your total assets. It can be complicated to determine whether someone is insolvent. If you're not sure whether you qualify for this exception, talk to a tax professional.
Red Flags
Avoid doing business with any company that promises to settle your debt if the company:
- Charges any fees before it settles your debts
- Touts a "new government program" to bail out personal credit card debt
- Guarantees it can make your unsecured debt go away
- Tells you it can stop all debt collection calls and lawsuits
- Guarantees that your unsecured debts can be paid off for just pennies on the dollar
Other Options
Working with a debt settlement company is just one option for dealing with your debt. You also could: negotiate directly with your credit card company, work with a credit counselor, or consider bankruptcy.
Talk with your credit card company : even if you have been turned down before. Rather than pay a company to talk to your creditor on your behalf, remember that you can do it yourself for free. You can find the telephone number on your card or your statement. Be persistent. Keep good records of your debts, so that when you do reach the credit card company, you can explain your situation. Your goal is to work out a modified payment plan that reduces your payments to a level you can manage.
If you don't pay on your debt for 180 days, your creditor will write your debt off as a loss; your credit score will take a big hit, and you still will owe the debt. Creditors often are willing to negotiate with you even after they write your debt off as a loss.
Contact a credit counselor : Reputable credit counseling organizations advise people on how to manage money, bills and debts; help them develop budgets; and usually offer free information and workshops. They should discuss your entire financial situation with you, and help you develop a personalized plan to get you out of debt.
A new law requires credit card issuers to include a toll-free number on their statements that directs cardholders to information about finding counseling organizations.
Most credit counselors offer services through local offices, the Internet, or by telephone. Look for an organization that offers in-person, face-to-face counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate credit counseling programs.
Occasionally, a credit counselor may suggest that you consider filing for bankruptcy. Declaring bankruptcy has serious consequences, including lowering your credit score, but credit counselors and other experts say that in some cases, it may make the most sense. Filing for bankruptcy under Chapter 13 allows people with a steady income to keep property, like a mortgaged house or a car, that they might otherwise lose through the Chapter 7 bankruptcy process. In Chapter 13, the court approves a repayment plan that allows you to pay off your debts over a three to five year period, without surrendering any property. After you have made all the payments under the plan, your debts are discharged. As part of the Chapter 13 process, you will have to pay a lawyer, and you must get credit counseling from a government-approved organization within six months before you file for any bankruptcy relief.
Credit & Debit Cards are Vulnerable to "Skimming"
Identity theft is an overwhelming problem in the United States. While many feel nervous putting credit and billing information into forms for online purchases, there is actually a much greater risk in places that may seem less threatening. A trick used by many identity thefts in recent months is something called a "skimmer" which is inserted into an ATM card reader or a gas station pay-at-the-pump reader. It then basically lifts your information from the card's magnetic strip and sends as a transmission to a thief at a separate location via wireless transmission. PIN numbers and zip codes are documented with hidden cameras. So, while you pump your gas or take out $20 to go to the movies, someone else has access to your bank account and can essentially wipe it out.
It's a national epidemic, with crime costs reaching $1-$2.5 billion annually. In Florida, these skimming thieves are a wide range of types. Some are crooks looking to acquire easy money, while some are part of a higher organization such as Eastern Europe.
But it's also a game of re-creating cards. By capturing the information and a snapshot of what the numbers and data for the card are, the thieves are able to make a duplicate card so they can go to an ATM and withdrawal funds, a store and shop for electronics and other pricey goods, and wipe your account out while your actual credit card is still in your wallet. It's intrusive, violating, and harbors potential to steal at an alarming rate.
While is may seem as though technology has gotten the worst of us, it's actually technology that can save us. Following leads in Europe, where cards use chips and PIN security procedures, we could push out the magnetic strip and use something that is less susceptible to theft. Silent alarms in ATMs are also an advancement that jam up ATM frequencies and enable the security companies to get video footage of the culprit. However, these alarms have not been installed in a majority of ATMs, so many are still at risk.
For now, the best thing for consumers to do is monitor their bank statements and be alert for any odd charges or locations that are showing up. The sooner you catch a fraudulent charge, the safer your money will be.
UPDATE:Beginning January 1, 2010, any individual or company that provides loan modification services must have an active license from the Florida Office of Financial Regulation. This new provision further enhances the Foreclosure Rescue Fraud Prevention Act, which prohibits individuals and businesses from collecting up-front fees for loan modification services related to foreclosures.
Debt can be a very scary scenario to find yourself in. While mounting credit card balances seem like the end of the world, debt hits a new level when your home is on the line. In the economic times we have been in the past few years, it's no surprise that foreclosures have been increasingly common.
If you find your home is susceptible to foreclosure, you need to protect your assets and your livelihood as much as possible. Unfortunately, there are many people who take advantage of foreclosure victims. If you seek foreclosure assistance, here are pointers and things to remember to make sure that you don't get burned. As taken from the Attorney General of Florida's website, there are things that you need to know to make sure you don't get taken advantage of in this fragile time.
What is a Foreclosure "Rescue" Scam?
Simply put foreclosure rescue fraud happens when a company or person promises to help save your home from foreclosure, but is is actually intent on stealing your home, most of the equity you have accumulated in your home, or a substantial amount of money.
There are several types of Foreclosure Rescue Scams you should be aware of:
- Foreclosure Prevention Specialist: these are phony foreclosure counselors who may try to collect large sums of money but rarely provide any services.
- Phantom Help: individuals who charge high fees for work the homeowner could do his or herself.
- Lease/Buy Back: homeowners are deceived into signing over the deed to their homes.
- False Bailout: the homeowner is led to believe that he or she can rent his or her home from the new owners and eventually repurchase the home.
- Bait and Switch: the homeowner thinks he or she is signing new mortgage documents, but is actually signing over the deed to their home.
How do I know whether a foreclosure modification company is legitimate?
You should avoid any company that asks you to pay an up-front fee for its services, no matter what that fee is called. You should also avoid any company that promises you that it can save your home or get you a reduced mortgage interest rate. You can call the Attorney General Hotline at 1-866-966-7226 and check to see if there are any complaints.
Do I need to stop paying my mortgage in order to qualify for a loan modification?
No. Avoid any company that instructs you to stop paying your mortgage.
I paid money to a company several months ago and now they are no longer answering their phones or responding to my emails. What should I do?
You should always attempt to negotiate with your original lender first, and you should re-contact them if you still need assistance. You should also file a complaint with the Attorney General's Office.
I negotiated a loan modification with a company in California and paid an up-front fee for its service. I was reading about the companies in Florida which are being sued for charging these fees. Does the Florida law only apply to Florida companies?
No. The statute applies to ALL companies, regardless of where they are located, if they are assisting a consumer who owns real property in the State of Florida or if the companies are located in Florida.
I am not a Florida resident and a Florida foreclosure rescue company is attempting to charge me an up-front fee. The company told me that the new law only applies to Florida residents, and they can charge out-of-state residents an upfront fee. Is this correct?
No. The law applies to any company doing business in Florida.
I received a flyer in the mail or a telephone call from a company that sounded like it was affiliated with the government. What should I do?
Do not respond to any solicitation, either by mail or by telephone, which does not come from someone you already know and trust. These types of solicitations usually are from private, for-profit companies which are only looking to make money.
I am attempting to do a loan modification with a licensed Florida mortgage broker. He says he can charge me an application fee under Florida law. Is this correct?
No. The Office of Financial Regulation has stated that loan modifications are not governed under their regulatory statutes. Consequently, even Florida licensed mortgage brokers are governed by Florida Statute 501.1377 and may not charge an application fee or any other upfront fee directly or indirectly.
I have been told by the loan modification company that the fee it is charging is for a forensic audit. Is this legal?
No. Loan modification companies cannot charge any fee or secure payment for any service that has not been completed.
Subject: IL vs Legal Helpers
Importance: High
March 2, 2011
For some
it was only a matter of time before a regulator took a swipe at the attorney
model debt settlement approach. Well
today the mystery was solved of who it would be. Attorney
General Lisa Madigan, a hero of many for standing up for consumers,
answered the call and filed suit today against Legal Helpers Debt Resolution,
headquartered out of Chicago.
The
attorney model of debt settlement has been nothing
more than a charade designed to meet the obligations set forth as exemptions of
the advanced fee restrictions for debt settlement services.
With the
advent of the FTC's passing of telemarketing sales rules in 2010 that limited
up-front or advanced fees, many flocked towards attorney model solutions that
were heralded as safe havens to continue front loaded fees for debt settlement
services. Frankly it has been an affront against the intended protections put
in place to help people with money troubles.
For about
half a year now people inside the debt relief industry have wondered when
regulators would take action against the pseudo free pass that gave lawyers the
comfort to feel that attorney model debt settlement was going to be the golden
egg they prayed it would be.
My
prediction is this will not be the only case against attorney model firms.
Madigan has a good track record of achieving results and with her case she's
also laid out the challenge that attorney model debt settlement, when delivered
via affiliate marketers and backend third-party servicer providers, stinks and
leaves the attorney exposed and is not exempt from regulation.
The
headline in the Chicago Tribune story today about the Legal Helpers Debt
Resolution suit read:
"Suit: Lawyers were
'front' for debt-settlement service"
Under the
Illinois Debt Settlement
Consumer Protection Act attorneys were exempted from the regulation and
apparently felt they could boldly do whatever they wanted for profit even if it
was not good for consumers.
The Illinois Debt Settlement
Consumer Protection Act says a debt settlement provider does not include
attorneys licensed, or otherwise authorized, to practice in Illinois who are engaged in the practice of
law. Source
But after
reading the State of Illinois
lawsuit against Legal Helpers Debt Resolution, that "free pass" was laughed at
and ignored as it should have been with operations that deliver services
without measurable benefit for consumers.
The suit
against Legal Helpers Debt Resolution alleges consumers laid out large amounts
of non-refundable fees and the services were collectively ineffective. In fact
the suit says the attorney firm "rarely, if ever, negotiates settlements with
all of consumer's creditors."
Legal
Helpers Debt Resolution isn't the only enterprise attempting to drive freight
trains through loopholes designed for small operators. But Legal Helpers Debt
Resolution is by far the largest enterprise to so blatantly embrace so many
non-lawyer entities to try and pull off this ruse.
By
bringing this lawsuit Attorney General Madigan and her staff have made
it very clear that harming consumers under the guise of delivering legal
services in order to find a loophole in the law, is not going to fly.
This suit
by Madigan has been whispered about the various state and federal regulators.
They knew it was coming. And if the other regulators are going to take similar
aim against attorney model debt settlement providers then this case against
Legal Helpers Debt Resolution and Attorney General Madigan will help
pave the way.
This case
may have been filed in Illinois
but the arguments the case makes could be made on a federal level as well. If
the attorney exemption isn't going to fly with the courts in Illinois it's not going to pass muster when
reaching for the exemption under the rules put forth by the Federal Trade
Commission. All regulators need is a precedent and outline to follow and this
case may just give them exactly what they are looking for. It's the primer.
The
Chicago Tribune reported quotes from Jason Searns, general counsel and managing
partner with Legal Helpers, who said his firm has done nothing wrong and is
providing an alternative for clients who don't want to declare bankruptcy.
"We're a
bona fide law firm providing legal services," he said. "Our attorneys review
every client's file to determine what's appropriate for them."
Searns
said Legal Helpers has a different business model than firms that "rent a
lawyer" so they can take advantage of the upfront-fee exemption. His firm
provides legal counsel to clients and has a "strategic alliance" with
debt-settlement firms to provide debt-management services.
"It's all
under our supervision and our auditing control," Searns said. "When the facts
come out, it will show we're perfectly fine in what we're doing with our
clients." Source
All
attorney firms should watch the suit carefully. While it may have the Legal
Helpers Debt Resolution name on it it's aim is to strike at all attorney model
firms that are setup to skirt the law designed to protect consumers.
Credit Collectors Take Unpaid Debts to Court
Here in South Florida, the economic crisis hit pretty hard. While foreclosures and repossessions are nothing new at this point, there is another financial blemish taking a presence in Broward & Palm Beach Counties small claims court cases against debtors.
These aren't necessarily $10,000 debts the collectors are coming after, either, and typically there are about 25 cases a week with people who owe around $2,000 - $4,000, according to the Sun Sentinel. With credit laws changing and seemingly affecting borrowers for the better, credit agencies are trying to tie up loose ended balances before any potential shortening of the statute of limitations is enacted. Also, people who are evasive of collection calls are prime candidates to be served with a lawsuit, when seemingly every other means of communication proves impossible.
The financial problems of Florida have been thrust upon nationwide companies as well. Asset Acceptance, who operated out of Michigan, filed 250 cases in 2007 purchasing owed debt from creditors. In 2010, that number spiked to 938 cases. South Florida was an area that saw tremendous job loss and industry downsizing, so it seems only natural that residents of the area would have racked up debts to handle day to day expenses. The problem is that they still lack the financial means to pay them back.
The courts recommend mediation as an alternative to trial, which is costly and requires more persons involved, and usually doesn't require much defense since the number owed is rarely disputable. In mediation, both parties simply sit with a middle man who seeks to reach an agreement that both parties can handle. However, those who owe more than $5,000 may be called to civil court. Sadly, many people brought to trial are not chronic spenders they were simply stuck in a predicament that had them using their credit cards to pay rent, utilities, insurance, and other bills that piled up when the paychecks ended.
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