Archive for January, 2009

New York Credit Reporting Errors Can Hurt…Just Ask Me….

Thursday, January 22nd, 2009

A bit of a personal story about credit.  I was informed by American Express today that my credit card balance had been decreased by a large sum.  I was “confused”.  Thereafter, the representative on the phone felt the full wrath of my “confusion”.   I knew for a fact that I had never been late with any of my payments and that my debt/income ratio was fine.  After speaking with another representative, I decided to pull my credit reports and scores from the three bureau’s.  To my astonishment, I found 2 delinquencies from an overdraft line of credit from a previous bank whose name rhymes with “Schmitibank”.  Long story shot, “Schmitibank” had assured me that my accounts were closed almost a year ago.  I was, however, still an active client (when I had been told my account was closed by several reps) who was being charged, without my knowledge, for account maintenance fees.  Furthermore, the statements from Schmitibank were being sent back to the bank as “return to sender” for reasons unknown.   I had to spend almost an hour at the physical branch of Schmitibank (manager was incredibly courteous), to have them actually contact the 3 credit bureau’s for me.  

The lesson here is simple:  When it comes your credit, get everything in writing and dispute the charges immediately.  Having written evidence will buttress your claims with the credit beareaus and hopefully get you back to your old credit score in a much quicker fashion.

Pass Me Some New York Loan Modifications…

Thursday, January 15th, 2009

Dear Daniel:

I make approximately $50,000 a year and have two mortgages totaling $600,000 and the house is worth approximately $400,000.  Should I consider a loan modification?  

 

Dear Daniel:

I make approximately $50,000 a year and have a mortgage of $310,000 and the home is worth $340,000.  It is also an interest only mortgage which is set to reset in one year.  Should I consider a loan modification?

These questions are just two examples of the type of questions on loan modifications I hear on a daily basis.  My answer to the first question is a resounding NO and the answer to the second one is a maybe (you cannot have a “resounding” maybe).  Here’s why:

The first person has to figure out that they are not keeping that house.  Its $200,000 underwater and no loan modification is going to help them.  Again, I should say that there are tons of variables here (savings, cc debt, family size, jobs, etc.) but overall what I believe would make the most sense is to walk away from the house altogether.  What I am finding is that many people have such an emotional attachment to these “things” that they refuse to move under any circumstances.  And these arent people that were in that house for 20 some years.  They are people that purchased in the last few years and now, almost subconsciously, refuse to admit a mistake was made.  Even if these people did modify, a $600,000 mortgage, with property taxes and upkeep, would swallow most of that person’s take him income.  Given that the house is $200,000 underwater as it is, it simply DOES NOT make sense to modify.  If you walk away from the home, you can be sure that the difference owed after it sells can be wiped out by filing a Bankruptcy.

 

The second scenario is a bit trickier because the mortgage amount is lower and the house isn’t as deep underwater.  The homeowner can potentially convince the lender to lower the principle amount and also modify the terms of the loan.  And even if the principal remains the same, it is much easier for a home to appreciate by 10% in a few years, then 33%.  Again, a ton of variables have to come into play here when making the decision, but the one variable that shouldn’t come into play is emotion.  This house is a “thing”.  It’s not a person.  It’s a home that you expected to go up in value, but which is now depreciating and is taking you with it.  Financially speaking, it doesnt make sense to keep throwing money that you don’t have at a depreciating asset.  

If you purchased a new car for an interest only loan at $30,000 and the car was consistently dropping in value and you knew you couldn’t afford the car anymore, would you continue to struggle and go deeper into debt to pay for the car for years, or would you realize you overpaid for the car and give it up?  Most people would realize that they made an error in valuation and move on.  For some reason homes dont have the same effect on people.  Like I said previously, take emotion out of the equation and do whats financially sensible for you and your family.

If it smells like Bankruptcy….

Monday, January 5th, 2009

It’s a new year folks.  New resolutions, new gym memberships, more Nicorette patches being sold, more “me” time, etc.  While you’re resolving to do all of these things, please pay attention to your financial health.  Technically, I cannot ethically say  ”Resolve to file for Bankruptcy”, and not just because that sounds like an informercial.  What I can tell you is to take a long and serious look at your financial situation and then decide what is best to do in your predicament.  

Heres is the financial resolution I would like you to follow:  Stop paying minimums on tens of thousands of dollars of credit card debt if you see no hope in sight.  What I mean by this is you’re earning about 35k a year and have over 30k in credit card debt at absurd interest rates, and you dont have any magical savings somewhere, chances are YOU ARE NEVER PAYING OFF THOSE CREDIT CARDS.  As harsh as that sounds, its the most likely conclusion.  Debt settlement companies want you to believe you can pay it off.  The credit card companies want you to think you can pay it off (while increasing your APR exponentially and charging you ever fee you’ve ever thought of in the process), you may even think you can pay it off if you just try hard enough…but you probably cant.

Here’s what bothers me about the above example even further:  Clients who use their retirement funds to pay for credit card debt.  Not only are you likely not going to have enough to pay off the debt, but you are literally jeopardizing your entire future to try and pay back an astronomical amount (after interest and fees).  Congratulations to you for paying off two of your ten credit cards that you owe large balances on, but please explain to me how you now plan to ever retire?  Again, this isn’t a ringing endorsement for careless spending.  I’m not suggesting its morally sound to purchase things and not pay for them.  What I am saying is that one needs to do a gut check and realize that mistakes were made, to address them in a reasonable manner, and then to move on and start your life fresh.  

If you’re looking at your monthly credit card bills and you see they’re growing each month, and you can barely afford to pay the minimums, and you’re not going to be cast as the lead in the new Batman movie, or starting your own hedge fund, you may want to look at other financial options on how to address that debt.  Everyone deserves a fresh start.

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