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Archive | Loan Rehabilitation

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Biggest Loser Turns Biggest Winner. The Little Known History of the Credit Card.

Between 1979 and 1981, Citibank lost over $500 million on its credit card operations. By 1990, this had changed and credit cards were suddenly profit leaders at the bank. What happened?

Easy answer: Citibank (and many other banks) realized that they were pitching credit cards to the wrong market segment. Since nearly the inception of credit cards, banks had been offering credit cards almost exclusively to the financially well-off; but after years of lackluster profit performance with credit card operations, the banks finally realized that the truly big gains were to be made by offering credit cards to lower income and middle income market segments. They began to market to the elderly, the student and to most anyone of modest or lower income, specifically targeting low-wage clerks, young professionals, clerical support staff, struggling teachers and many laborers. The banks saw it as a matter of survival—theirs, not yours!

Banking was at a troubled crossroads in the late 1970s. Bank industry profits were flat or in decline as traditional business and mortgage lending suffered losses associated with the troubled economic times. Compounding the profitability problems, the usually more glamorous and profitable areas of banking business such as third world lending and commercial realty lending were also then of hit-or-miss profitability. The banking industry needed a new profit source. Credit cards issued to middle/lower income borrowers were then introduced to fill the profit void.

The best explanation of this shift in credit card marketing focus to the less well off might be found with Robert D. Manning’s year 2000 book, “Credit Card Nation”, published by Basic Books. ISBN 0-465-04366-6. The following quotes from the book appear in chapter 1, pages 9, 12-13 and 20: “During the 1980s, the credit card industry’s marketing campaigns successfully expanded into middle-class markets, including blue and white-collar workers who suffered unexpected employment disruptions due to corporate downsizing and recession-related layoffs. This profitable linkage with lower-income households early in the decade emboldened banks to target other nontraditional niche markets such as unemployed college students and retired senior citizens in the mid-1980s, then the working poor and the recently bankruptcy with secured credit cards in the late 1980s and early 1990s. The results were impressive. The profusion of credit cards generated rapidly escalating consumer finance charges, merchant discount fees, and, of course, profits. Between 1980 and 1990, the charges of the average U.S. household jumped sharply from $885 to $3,753 per year, or more than twice as fast as disposable income, while average cardholder debt soared from $395 to $2,350. Credit card issuers earned between three and five times the ordinary rate of return in banking in the period 1983-1988.”

“By the end of 1994, the typical American card holder had amassed nearly $4,000 in revolving debt on a total of three of four bank credit cards with an annual interest rate of about 17 percent.”

Credit card marketing budgets concurrently exploded, too. Marketing expenditures by Visa, MasterCard and American Express had climbed to $75 million by 1985. The big three then more than doubled marketing expenditures by 1994, with a 1993-1994 2-year total combined expenditure of $385 million, (plus another $40 million spent by Discover) over the two-year period 1993-1994. Then combined credit card industry marketing budgets doubled again within a mere four-year period, climbing to $870 million total expenditure for 1998.

So, in a mere 14 years ending in 1994, the average household credit card revolving indebtedness had increased by about 1,000 percent (a 10 fold increase!) from $395 to nearly $4,000, and credit card industry marketing budgets had increased by something approaching 400% (a 4 fold increase).

So, does credit card marketing contribute to bankruptcies and indebtedness? Quite possibly.

1998 saw 1,441,891 bankruptcy filings. 1980 filings stood at about 300,000.

So putting it all together, average household revolving debt increased by 10 fold (about 1000 percent) 1980 through 1998 to a high of $4,000 as 1980s and early 1990s marketing expenditure of credit card products (much of which was to lower and middle income households) concurrently increased by a nearly similar 1000 percent (10 fold) 1985 to 1998 to $870 million. Following suit, bankruptcy filings in roughly the same period 1980—1998 increased nearly 5 fold (a little less than 500 percent) from 300,000 to about 1.4 million.

The banks found a way to turn the biggest loser in their stable of operations into the biggest winner of profits. The banking industry turned a broken-down, sway backed and under appreciated old nag of a pony into a Kentucky Derby jackpot winning thoroughbred—in part by feeding it what grew into an $870 million annual diet of marketing. Profits jumped and a whole new industry was created: the modern credit card. This led to an amazing turn around for the banks, mostly at the courtesy and expense of middle and lower-income America.

If you are struggling under a mountain of debt and do not see much hope of completely escaping from the debt within the next 24 months, then you should strongly consider consulting with us regarding a bankruptcy filing. Your initial one-half hour consultation is completely free!

Can you reach the max?

Retirement is coming, if it is not already here for you.  If you have income for which to fund a 401k or to contribute to an IRA, I would like you to think about these three questions I answered in this article, and the list of tips I also present in this article.

If you already have a 401k or IRA for retirement savings, you should read carefully, because a “game plan” concerning how you are going to use your retirement savings- or not use your retirement savings- is a very important foundational building block when it comes to retirement savings.  Decisions about your 401k and decisions about bankruptcy are intertwined for many people.

  • Question 1: Should I file for chapter 7 bankruptcy to wipe out debts? Or in the alternative should I not file for bankruptcy but instead cash out my 401k to pay off debts?
  • Answer:  With only a few exceptions, I strongly recommend a bankruptcy filing over 401k withdrawals.
  • Question 2:  Should I file for Chapter 13 bankruptcy reorganization over cashing out a 401k account with the purpose of staving off a foreclosure or preventing vehicle repossession?
  • Answer:  With few exceptions, I strongly recommend a Chapter 13 bankruptcy reorganization over cashing out a 401k account with the purpose of staving off a foreclosure or preventing vehicle repossession.
  • Question 3: Should I take out a loan or cash out a 401k or IRA in order to pay Federal Income Tax debt?
  • Answer: You can almost always pay back the federal income tax debt interest and penalty free through a Chapter 13 bankruptcy reorganization, or alternatively you often can enter into a very reasonable tax repayment plan with the IRS.  Sometimes, very old Federal Income Tax debt is even erased by bankruptcy.  Thus, for many people tax repayment though chapter 13 plan can make more sense than a 401k loan or IRA cash out.  There is an additional benefit: although most people don’t realize it, if your income is not super-high, you still can often wipe out credit card debts, eliminate second mortgage obligation and write off medical bills without any repayment of these debts by filing a chapter 13 case, so in many regards, a chapter 13 case can wipe out debt much like a chapter 7 case, with the added benefit of an easy cheesy Federal Income Tax repayment plan- and state tax can be repaid easily though chapter 13 too!

These are some more very important tips about how to handle your 401k, IRA, VIP, TSP or other tax deferred retirement savings, courtesy of a great article from Forbes.com which you can find here:

http://www.forbes.com/pictures/lmf45ekmg/can-you-reach-the-max/

Can You Reach The Max Part 2

Should I file for chapter 13 bankruptcy to save my house from foreclosure or my car from repossession or should I cash out my 401k to get the money to pay the mortgage or car payment? People ask me this question all the time.  Here is my answer: With few exceptions, I strongly recommend a chapter 13 bankruptcy reorganization over cashing out a 401k account with the purpose of staving off a foreclosure or preventing a vehicle repossession.

Here are the next five Forbes.com steps to help you boost your 401k:

  • 5.  Taking loans out of you 401k is hard because many times you have to pay the money back.  But hardship withdrawals can be allowed.  If you are behind on payments such as your mortgage that would be a loan you would have to pay back but if your house was foreclosing you could be able to take out a hardship withdrawal.  Not everything is a hardship though so just make sure you know the rules.
  • 4.  Many times if you make a lot of money you can only contribute a certain amount to your 401k as to prevent discrimination.  If your spouse has access to a 401k, they should be saving as much as they can as well.  If you or your spouse have access to saving for a 401k, take advantage of that especially if one of you has limitations on your savings part.
  • 3.  If you have an old 401k account, you should combine the two in most cases.  Add the old account to the new; it is much easier to keep track of one account.
  • 2. When you first sign up for a 401k you pick investments and many times don’t get around to changing, or revising it to make the best choice for your savings.  For example don’t just choose company stock because it’s there, don’t forget to revise your 401k and choose your best options.
  • 1.Don’t cash out your 401k as soon as it is available to you.  Leave it as long as it is still invested in good options.  Just because it reaches the penalty free mark or you retire, doesn’t mean that’s the best time to cash out for you.

I might also add that under most circumstances you should not take a 401k loan or cash out a 401k or IRA to pay off federal income tax debt because you can almost always pay back the federal income tax debt interest and penalty fee though Chapter 13 bankruptcy reorganization, or often enter into a very reasonable tax repayment plan with the IRS.

If you have already taken out a big 401k loan or cashed out an IRA (or taken a large withdrawal or fully or partially cashed out a 401k) you really need to begin to rebuild.

 

Seek Help Before Trusting Your Home Lender

As many are aware, Wells Fargo Home Loans has been accused of qualifying customers into unfavorable loans. In efforts to avoid further attention, Wells Fargo attempted to settle their debt by offering their customers money. According to Scott Reckard, in his recent article in the Los Angeles Times entitled, “Wells Fargo sends refunds to some FHA mortgage customers”, borrowers had randomly received checks via mail from their mortgage home lender Wells Fargo. At first glance, what seemed like a nice surprise, these checks came with a string attached. Stated clearly, if borrowers cashed the checks, it prohibited them from suing Wells Fargo in the future.

Reckard reported, as a way for Wells Fargo to side step further litigation over steering their customers into unfavorable home loans, an estimated 10,000 letters enclosed with checks went out to Wells Fargo Home Loan’ borrowers. These unfavorable loans were written as Wells Fargo Home Loans surged to become the No. 1 originator of loans insured by the FHA.

In his article, Reckard shared how a California resident, Eric Murillo-Angelo, received a check from Wells Fargo for $6,676.89. Enclosed with Murillo-Angelo’s check was a letter stating, “You may have qualified for a conventional conforming mortgage” instead of the FHA loan he received in 2010. Also, in large print, the letter stated, “You should understand by cashing the enclosed check, you agree to release Wells Fargo Home Loans from any and all claims relating to Wells Fargo’s origination of a more expensive mortgage loan than the loans for which you may have qualified.”

Wells Fargo Home Loan costumers faced the dilemma of either cashing their checks, or not. If they did not cash their checks, the questions they faced were what other avenues of justice they could pursue. Or, at that point, who could help them fight a large corporation like Wells Fargo. After weeks of holding onto the check and debating these questions, Murillo-Angelo cashed his check and settled paying for a loan that he could be paying far less for. In his case, he had a secure job and was economically stable enough to possibly refinance into a less expensive loan later.

Fortunately, Murillo-Angelo has options to get out of the home loan that Wells Fargo gave him. However, many others have not been so fortunate. For many, their home loans have led them into escalating debt, and for many others, they face foreclosure. These refunds checks hold little meaning to borrowers who have already lost their homes or are facing foreclosure.

There is help for borrowers who have fallen victim to lenders who share the same practices as Wells Fargo. Instead of waiting for home lenders to help, it is important for borrowers to understand that they should seek outside help before trusting their home lender. It is possible to save their homes and relieve themselves from escalating debt.

James H. Magee is a Washington bankruptcy attorney who has helped many people in Pierce, Thurston, and King Counties save their homes and get on a stable financial path. With help on how to take the next step towards financial security, it is possible to overcome poor home lending practices and refinance expensive home loans into home loans that are fair and affordable.

HAMP modifications part 1 of 7: NPV, the “secret formula” that determines your eligibility

There is a “secret formula” which is determining whether you are eligible for HAMP (Home Affordable Modification Program) loan modification. It is called the NPV-the “net present value”.
What is this formula? I found two descriptions:
Description #1: This first is a brief description from the “Frequently Asked Questions” portion of a government document:
“Apply a Net Present Value (NPV) test to determine whether the value of the loan to the investor will be greater if the loan is modified (factoring in the government’s incentive payments) [versus if the loan is foreclosed and the foreclosed house sold by the foreclosing lender]. If the modified is not of greater value [greater NPV] the investor and servicer may still modify the loan. However, modification in such cases is not required. Please note: Your servicer may re-run the NPV test before the modification becomes official if they receive new information that could affect your NPV score. If the modified loan is of greater [NPV], the servicer must offer you a modification under HAMP, and, if you accept the offer, will put you on a trial modification (typically three months) at the new payment level. [ ] Misrepresenting any information required for the Home Affordable Modification is a violation of Federal law and has serious legal consequences.” Revised June 8, 2010, a copy is available at: http://www.makinghomeaffordable.gov/about-mha/faqs/Pages/default.aspx
Note that a list of servicers that have agreed to participate in HAMP modifications is available at a government website. Also included is a list of those HAMP programs (there is more than one HAMP program-adding to the confusion) in which the respective servicers have agreed to participate at: http://www.makinghomeaffordable.gov/get-assistance/contact-mortgage/Pages/default.aspx
Description #2 of NPV test-This description comes from an on-line post by an “in the trenches” individual who has claimed to have participated in and successfully completed 100 modifications:
January 2010: “The “NPV Test” (NPV is “Net Present Value”) is a formula used to determine your eligibility for a loan modification under the HAMP Program. The purpose running an NPV calculation test is to decide if the investor of your mortgage is in a better profit position by approving you for a modification (basically which choice gets more money to their bottom line) or if they would have a higher profit margin by allowing the property to foreclose. This formula takes many different factors such as current value, foreclosure costs, resale time and compares this with payments on the reduced rates, how much principal they would have to defer interest free to make you qualify under 31% of your gross (pretax) income, after the other “waterfall process” steps the HAMP underwriting guideline require in order to lower your payment were first calculated, along with the risk in possible repeat default, and many other figures that are called values. In other words, it is the comparison of two formulas with multiple factors that are then compared to see which is greater in profit to the investor of your loan. The investor is usually not the same as your servicer.
If the borrower is not approved for a HAMP modification because the transaction failed the NPV calculations, then the servicer must, explain what the NPV means tell you the factors used to make the NPV decision and advise you that you may request the values used in making the calculations along with the date the process was completed within 30 days of the notice of denial. The reason they have to provide this information to you is to give you the opportunity to make any necessary corrections to the values they used as they make or break your ability to be considered eligible for the Home Affordable Modification Program.
You, or your authorized representative, can request the specific NPV values verbally or by writing to the servicer within 30 calendar days from the notice date and they must answer your request within 10 days.
If you request the NPV values and you have a foreclosure sale pending the servicer must not complete the foreclosure sale until 30 days after they deliver those values to you to give you time to correct the inaccurate values, if there are any.
Once the evidence that the NPV values used were inaccurate, the servicer has the burden to make the necessary verifications to see if the corrections are material to the outcome of the NPV.
Some values don’t affect the outcome and do not warrant a change from the original NPV. If you find inaccurate values in the NPV calculations and you follow the protocol for advising the lender then your servicer must reconcile the inaccuracies prior to proceeding with any foreclosure sale.
As always the best way to win at the loan modification game is to learn everything you can about the process so you can be empowered and successful with your loan modification and saving your home.”

Is there anything I can do about a student loan that has defaulted?

College Graduates are Shackled to Student Loan Debt
Typically once your loan enters default status, the lender requires you to pay off the remaining loan balance in its entirety in one lump sum. 

However, the U.S. Department of Education has a loan rehabilitation program to bring defaulted student loans current. There are several reasons as to why you should take advantage of this program. When you enter into the program, risk of wage garnishment ends, and the IRS will no longer be able to withhold your income tax refunds.

Additional advantages take place after you have completed the loan rehabilitation program. The loan will no longer be in default status and will be considered current. Furthermore, the negative credit reports to the three national credit bureaus associated with the loan will be deleted. You will now also regain eligibility for the benefits that were originally available on your loans before the loan defaulted. These benefits may include deferment, forbearance, and Title IV eligibility.

There are some differences to the program depending on the type of loan that you are trying to rehabilitate. In all cases, you are required to make nine full, on-time payments of an agreed amount within twenty days of their monthly due dates to the Department of Education.

The aforementioned differences have to do with the lender who services your loan after you complete the program. A Direct Loan will be returned to the Direct Loan Servicing Center, a FFEL Loan may be purchased by an eligible lending institution, and a Perkins Loan will be serviced by the Department of Education until the loan balance is paid off.

Some things to keep in mind:

  • Payments secured through involuntary means, such as wage garnishment or litigation, cannot be counted towards your nine payments.
  • You are only allowed to perform loan rehabilitation once per loan. That means if your loan falls back into default, you will have few if any options, and you will more than likely be responsible for the remaining balance in full.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with mountains of debt. I can help you to understand the options available to you for dealing with your debts. I am sure that I can be of assistance to you, to a family member, or to a friend as we all know people experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations that fill your time with useful information. The impact to your life after an in-person consultation with me may be substantial, and life-long. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can contact my scheduler through our website for your free 30 minute consultation. If you wish, you may schedule your free 30 minute consultation by phone by calling us at 253-383-1001 Monday through Thursday from 9:00 AM until 5:45 PM, and on Friday from 9:00 AM until 12 noon.