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The Truth About Debt Relief

Monday, March 31, 2008

You Think It Would Be Easy?

Phone Frustration
Defaults on mortgages continue to top the news. Based on the experiences of some of my clients, I’m not surprised. This is an industry that has become infested with part-timers and incompetence. Forget about customer service. For the past two weeks, my colleague, Kevin, has been trying to obtain the signed closing documents for a property he is an investment partner on in Mukwonago, Wisconsin. He first placed the first call to Land Closing Services in Wauwatosa on March 13th - Land Closing Services was the company which handled the closing. He reached a woman named Sue who said that they would find the file and send the documents out the next day. A week past and so he called them again on the 20th. Again, Sue answered and said that since Tom Vajda handled the closing and he would have to speak to him – but he was out until the next day, so he would have to call then. He did. Kevin then left a message with his email and two phone numbers. He’s still waiting for a call back or an email.

We’ve also contacted the company that is servicing the mortgage, Homecoming’s Financial. After first saying that they couldn’t send the documents, they changed their minds after reminding them that they were obligated, by law to do so. After reversing their original objection, they said that it would take one week to process the request and another 5 days to reach us by mail. Right. We’ll see.

Monday, March 24, 2008

STOPPING FORECLOSURE!


If you are or soon will be having trouble paying your mortgage, you may want to find out if you are legally obligated to pay it!

A recent article entitled “Technicality saves some homes from foreclosure - Lenders can't always prove they own debt” appeared in papers around the country a few weekends ago. The story, written by Bob Ivry of Bloomberg News, illustrates that many lenders can not prove that they hold the notes they are collecting on. This means that many people will have the law on their side if they decide that they will simply stop paying the mortgage but want to keep their house.

As the banking system of this country comes under scrutiny, there is an opportunity here for the homeowner in that, for once, they may have an ally in the federal courts. But this window may close just as fast as it opened.

The first step to take advantage of this opportunity is to get the closing documents together. The documents you will need are:

• Settlement Statement
• Truth in Lending
• Truth in Lending Disclosure
• Mortgage Note
• Adjustable Rate Note (if applicable)
• Adjustable Rate Note Rider (if applicable)
• Option Arm Note (if applicable)
• Interest Only Rider (if applicable)
• Good Faith Estimate
• Loan Application

If you are missing any of these documents, call the lender and ask them to mail them to you. If they give you a hard time or make excuses, don’t be afraid to get tough with them. They are required by law to produce to you the documentation that they have. If they don’t, you may assume that they don’t have it. If they don’t have the documentation, they also can’t prove that you owe them any money. So, at that point quit paying them until they prove that they own the note.

The second step is to send copies of these documents to a mortgage auditing company for a free preliminary audit. They will then look for violations in the truth in lending laws. They will send you a letter listing any violations they find after a cursory analysis. Should the preliminary audit indicate that major violations have occurred, you should hire them to conduct a full audit. This will not be cheap but may be worth it if the violations prove to be severe enough.

If the full audit show that major violations on the part of the lender, an attorney should be hired to notify the lender, in writing, of the violations and ask for a response. The lender is then obligated to respond within 60 days. It is the experience of one group of attorneys, I know of, that the lenders NEVER RESPOND.

At this point, your attorney will file a “stay of mortgage payments” in federal court. This stay means, in effect, you do not have to pay your mortgage until it is lifted – usually 18 to 36 months – if it is lifted at all. In fact, during this stay, you are not responsible for the taxes or the insurance, either. The lender is responsible because it is their asset.

Violations having been found in the full audit, you don’t have to worry that you’ll owe all this money to the bank at the end of the process. Remember, you are now on offense, they are on defense. The most they can hope for is a resumption of payments after the court battle.

More likely, though, is they will try to settle before it ever gets to court. This is the good part. In order for them to keep this out of court, the lender will probably offer to lower the balance – in many cases to 1/3 of the original balance. Why? It’ll be much cheaper for them to do so.
Contact me at 615-971-0489 if you want to talk to someone about how this works in more detail

Tuesday, March 18, 2008

Liability Management Continued

Last week, I posted on liability management. How does that work, exactly?

The firm I am most familiar with will suggest to their client that they up another checking account that they call the liability management account. All their debts will be paid out of that account.

The client will then set up another account for their budget items. They’ll take a look a the regular expenses of gas and groceries, for example, finding out what they need on a monthly basis. This analysis is a required first step to ensure that money is consistently being set aside in the budget. This second account is just for those budgeted expenses.

At that point, the liability management company automates the plan using a proprietary software program that prioritizes the payment of the debt.

There are a lot of methods touted as the best method for paying off credit card debt. One is to pay the highest interest rate cards off first. Others suggest paying off the lowest balance cards, first. Another popular way is to calculate your minimum payments into the balances and then prioritize those from lowest to highest - the highest being the easiest ones to pay off. So, there are a lot of different ways that are out there.

The most effective prioritization software program out there was actually developed from a flowchart used during WWII. It was a flowchart of all the tasks that needed to be accomplished in order to build a bomb, or send someone to the moon, or something along those lines.

You may ask why you need such a complex program. The truth is that to find the most effective way to pay off debt rapidly, you need a complex program. As an example, the average household has 7 debts – and most people actually have more than that. There are over 5000 prioritizations that you could come up with only seven debts!

This prioritization software runs the calculations for all the different ways to prioritize your debt and figure out what will really work best for you. While it isn’t the lowest balance method or the highest interest rate method, it does take the minimum payment into consideration.

The most effective liability management firm doesn’t just rely on mathematics to be effective. They need to have built a personal relationship with the client to determine if aspects of the suggested payoff scenario doesn’t work in with their “personality” or if there are some other factors which make another, if not less efficient, plan more viable for that individual. Maybe a client that just hates Citibank, for instance! Maybe, something happened in the past, and there’s a reason they don’t want to have to deal with a certain creditor. Their program has to take that into consideration when they do the prioritizing. Or maybe they have a family member they owe money to and they want to get that taken care of higher up in the priority. Each of these scenarios is possible and needs to be considered in drawing up the plan.

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Thursday, March 13, 2008

Credit Card Debt
The truth about debt relief is that the majority of people who have debt have no viable option to get out of debt. Very few people are able to satisfy their debts through a debt management or debt settlement program.

The majority of people who take out a debt consolidation loan using equity in their home end up in debt again in the next few years. And everybody I’ve ever known who has filed bankruptcy wish they’d had another option.

The most comprehensive debt relief option is one that doesn’t just get rid of an individual’s debts but becomes a financial plan for life.

A key feature of a such a program will include a plan that shows all debts – including student loans, consumer debt, credit card debt and car payments – paid off in as little as one to three years. It will also show the interest on these debts is reduced not by thousands but by tens of thousands of dollars. Another feature will show a 30-year mortgage paid down in another 3-5 years and save tens of thousands or even possibly hundreds of thousands of dollars in interest. This savings of interest is accomplished without refinancing, without doing balance transfers and without even talking to your banker.

Accomplishing such a feat can obviously be done by increasing the monthly payments. But a good program will show how this can be done by reducing payment by hundreds of dollars and with current income – i.e. without getting a second job. While the debt is being paid down, the credit score will also be improved.

Another feature of a solid debt relief program will include not just a debt pay down plan but should also include a vehicle for funding a nest egg for retirement.

While this may sound too good to be true, the truth is, without a plan and the discipline to stick to it for the long term, it is too good to be true. The sad truth is, based on statistics, most people will never accomplish this. Specifically, statistics published by the Department of Health and Human Services show that 96% of people that are reaching retirement are either dead or dead broke. And the only way to improve that number is for people to put themselves on a professionally managed, long term, financial plan for their life. .

Conventional wisdom tells us that we need to have professional asset managers in our life. Yes, that is important. But for most folks, their liabilities are much more important than their assets because their assets are almost non-existent. This being the case, you would think there would be many more liability management companies out there but there aren’t. (I actually know of only one!)

Liabilities are a much larger figure than assets, proportionally. And they have a very long-term reach if you don’t manage them properly. You’ll end up like the previously mentioned statistic. The only liability management company I know of tailor-makes a plan to manage your liabilities for the long term.

Most companies that do have a debt or liability management programs are specialized in certain areas. For example there are debt settlement companies, debt negotiation companies, consumer credit counseling companies, and bankruptcy attorneys. Very few of these companies will be able to offer all of these options to their clients. They typically only offer one of these options - and they’re going to try to get you to do that because that’s what they do. So, in effect, a very small percentage of the individual clients of each of the majority of companies falls in the category of debt problems that the companies’ offering is meant to solve. And none of the offerings of the typical debt relief company is designed to fund a nest egg.

The immediate goal should be to be completely out of debt in ten years or less. In extreme cases, it may be more realistic to plan for 10 or 12 years. But for most, they can do it in less than 10 years by getting on a systematic plan.

Once you’re completely debt free, you’re hard earned money is no longer going to interest payments. You own your house. You own your cars. You don’t have the pizza that you’ve put on the credit card that you paid twice or three times for, anymore. For most people, that represents about $2500 a month that can now be systematically turned over to licensed financial planners to create wealth very quickly. Unlike most people that invest consistently in 401K’s in this country, even those that are doing it properly and consistently for the long term, are usually only putting 2, 3, 4 or 5 hundred dollars a month into it. It takes a long, long time - decades - to build up a nest egg. But if you could get out of debt and then have that $2500 a month to set aside for your retirement, you’re going to grow wealth very quickly.

Net worth is a simple mathematical calculation. It equals your assets minus your liabilities. Most people think of increasing net worth as increasing assets. A more efficient way to increase net worth, though, is to decrease liabilities. Most people think they need to build big stock portfolio first. That’s hard to do it when you have a bunch of liabilities. It’s practically impossible. And, so, that’s why conventional wisdom is wrong.

For most people, staying on track will be a challenge. A coach can be helpful, here. A good coach will get to know someone’s complete financial picture, develop a structured financial plan that meets their goals and is personally tailored to them, and most of all help them stick to it!

Monday, March 10, 2008


ABOUT THE RADIO SHOW!

The Truth about Debt Relief

with Doug Johnson

every Sunday night from 9:00pm-10:00pm on AM 1510 WLAC (live).

Phone in at : 737-WLAC / 1-800-688-WLAC / *WLAC (Verizon Wireless)

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Listeners are encouraged to call in to “The Truth About Debt Relief” for truthful advice and information relative to the alleviation of debt and bad credit.

Each week, Doug interviews a different provider of debt relief and credit restoration options who is available to answer questions.

Listen to “The Truth About Debt Relief” if you want to learn how to get out of debt or increase your credit score.

Doug Johnson has been researching debt relief and credit restoration options for the past nine years. He works closely with many attorneys, paralegals and other legal experts.

With his Show, Doug strives to reveal options for debt relief and credit restoration that are not commonly known, and dispel the myths and misinformation surrounding the industry.

In addition to his Show, Doug conducts web cast lectures and makes frequent “live” appearances throughout the country.

Doug does not charge a fee for his services since he receives support from the debt relief and credit restoration industries. His global appeal is based on his ability to provide truthful, unbiased education and information as an educator, and not a salesperson.

Saturday, March 8, 2008

The Truth About Debt Relief




As host of the radio show, “The Truth About Debt Relief”, I strive to reveal options for debt relief and credit restoration that are not commonly known, and to dispel the myths and misinformation surrounding the industry.

In addition to the Show, I conduct web cast lectures and make frequent “live” appearances throughout the country.

I do not charge a fee for my services since I receive support from the debt relief and credit restoration industries. My global appeal is based on my ability to provide truthful, unbiased education and information as an educator, and not a salesperson.

I became an advocate and educator of Debt Relief, nine years ago, after assisting a friend walk away from $120,000 in credit card debt. Collectors were compelled to excuse her obligation to pay after being sued for repeated violations of the Fair Debt Collection Practices Act. It was my research into the collection laws that precipitated the lawsuits.

Since the lawsuits, I have been researching debt relief strategies and have located options considered “outside-the-box." Many of these options overcome the “pitfalls” of traditional debt relief options such as Debt Management, Debt Settlement, and Bankruptcy.