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Debt Settlement - Your Questions Answered
By Marie Megge

For many people, the decision to eliminate credit card debt through debt settlement is a difficult one to make. This is due to the fact that most consumers aren’t well-educated in the area of debt settlement.

Over the past several years I’ve been asked numerous questions regarding the process of debt settlement, and have summarized those inquiries below:

What type of debt can be negotiated through debt settlement?

The majority of the debt you’re attempting to negotiate with your creditors would be unsecured credit card debt, as it allows a greater amount of leverage when negotiating, and the end result will likely be a satisfactory settlement to both the debtor (consumer) and creditor. Department store charge cards, financing contracts, medical bills and miscellaneous debts are also negotiable, even though it’s been my experience that the results are not quite as predictable as standard credit cards. Unfortunately, government sponsored student loans cannot be negotiated or discharged.

How are my creditors paid when a settlement is reached?

Once a settlement has been negotiated with a creditor, obviously the settlement amount is then forwarded to that creditor. It’s important to understand, prior to signing up for a debt settlement program, that the settlement funds must be available once a settlement agreement has been reached with a creditor. If it’s unlikely that you can realistically accumulate these funds, either from a savings account, retirement account, home equity loan or a friend or relative, unfortunately you simply won’t qualify for this type of program. Fortunately, most creditors will accept settlement payments via 4-6 monthly installments. This has helped many individuals successfully follow through with their commitment to settle their accounts.

Will my credit score be affected?

Debt settlement is reported to the credit bureaus as “account settled for less than the full balance” or “account settled”. Keep in mind, however, that credit card accounts that have been settled appear positively on credit reports when compared to bad debt, or a bankruptcy. Your credit rating may decline initially, but only until the debts can be removed from your credit report. It’s important to remember, however, that your credit rating will improve due to the fact that one of the most important factors used when determining a credit score is the amount of debt you actually owe. Individuals who have successfully completed a debt settlement program generally experience an overall improvement in their credit score within twelve months. If you’ve found it difficult to keep up with the minimum monthly payments to your creditors, there’s a very good chance that the debt has already been reported as delinquent, which has most certainly affected your credit rating already. Generally this also means that you have a high amount of debt appearing, further contributing to a poor credit score. Remember a lender looks at many factors to determine credit worthiness, your credit score is just one of them. If you eliminate your outstanding debt, your credit worthiness improves dramatically.

Will I owe income taxes on the forgiven debt?

Banks are required to report canceled debts over $600 to the IRS and consumers are required to report that canceled debt as income on their tax return. The IRS does permit you to write off any “income” from canceled debts up to the amount by which you were “insolvent” at the time. Unless you have a positive net worth (highly unlikely if you are deep in debt) then you usually won’t have to pay taxes on the forgiven amounts.

Can I continue to use my credit cards?

No, you will not be able to continue using your credit cards. Not necessarily a bad thing, since high interest credit cards have gotten many people into a financial situation that they just haven’t been able to pull out of. When you enter a debt settlement program, most firms will require that you discontinue any further use of your cards. Some debt settlement companies, however, do suggest that you keep one card available for emergencies, generally with quite a low credit limit to avoid getting yourself any further in debt.

How long does the debt settlement process take?

The length of time to complete your program will depend on the current status of your accounts, the amount of debt you owe and the source from which you’ll be relying on for settlement funds. Some individuals can complete the process of debt settlement within 30 days, while others can take as long as three years. Your individual situation is what determines how long the entire process will take.

Is debt settlement similar to consumer credit counseling?

No. Credit counseling services usually work for your creditors, as they are (at least partially) funded by your creditors, earning a percentage of what you pay to your creditors. In most cases, you will be expected to pay 100% of your debt, sometimes with reduced interest, by making smaller payments over a longer time period. Because credit counseling makes its money by earning a percentage of the amount you pay your creditors, their incentive is to get you to pay 100% of your debt, rather than to sit down and negotiate a reduced settlement amount with your creditors. Unlike consumer credit counseling, debt settlement allows you to be free from monthly payments after you’ve paid the entire negotiated settlement amount via a lump sum payment or a few monthly installments.

What amount of money will I need to enter a debt settlement program?

While many debt settlement firms have seen excellent results through debt settlement using tested and proven procedures, just like a good surgeon can’t guarantee the outcome of an operation, most can’t guarantee what each settlement with your various creditors will be. Reputable firms have consistently produced some very positive success stories for their clients, and while past performance is a good indicator of the results you may expect, it is certainly no guarantee of future results.

Can I negotiate with my creditors without hiring a debt settlement firm?

Negotiating your debt by yourself is possible, but it’s not likely that the end result will be a positive one. Banks rarely take debtors seriously and are well prepared for the amateur do-it-yourself negotiator; as a matter of fact, most representatives at your credit card companies have prearranged scripts waiting for your phone calls. You’ll hear a lot of “we do not settle debts under any circumstance” and “I can transfer you to a department that may be able to help you qualify for our hardship program.” Most consumers simply give up at this point because they feel that debt settlement isn’t possible and there’s no end in sight. Not to worry – there are many reputable firms who will be more than happy to assist you. Hopefully your questions regarding debt settlement have been answered. Whatever path you should choose to become free from debt, I wish you the very best.

Marie Megge is a consultant in the credit services industry. Over the past several years she has assisted many individuals in resolving their debt-related matters. For more information regarding credit and debt visit http://www.donaldsonwilliams.com

To learn more about debt settlement and your credit score, click here.

For more information regarding the possible tax consequences, it’s highly recommended that you speak with your tax preparer and/or click here.

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http://EzineArticles.com/?Debt-Settlement—Your-Questions-Answered&id=487630

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Wealth Creation and Mortgage Planning - Two Great Tastes that Taste Great Together
By Jeff Blovits

What if I were to tell you that almost everything you have been told about what to do with your home has been absolutely wrong and that one of the worst ways to build wealth is through your home? And what if I further went on to show you that anyone who perpetuates this myth probably is not your best source for accurate financial information?

Most of you right now are looking at the byline a couple of times to see if this article is REALLY being written by a mortgage person. Some of you have taken this as final, unequivocal proof that all mortgage people really do sit around a big table of tea cups wearing hats with fractions on them! No you are not in Wonderland but if you keep reading you might find many of you have been for a long time now.

One of the buzzwords or catch phrases floating around the financial circles is “wealth creation.” This has gained prominence due to the ability of the planner or agent to broaden their focus on overall wealth with their clients instead of just return on a particular investment. While a holistic approach is a very good one, what wealth creation strategies often lack are a defined strategy for accomplishing well, wealth creation! These plans often fail or vastly under perform because they don’t properly account for one of the biggest parts of the wealth picture and that’s the home!

WHAT DID HE SAY?

Now that’s not a typo and I didn’t contradict myself from the first paragraph. You see, most people believe their home is something completely separate from the rest of their financial planning. It’s this sacred cow that’s over in the green grass munching away while everything else in their financial life is trying to figure out how to grow without the food it needs. The sooner people realize that EVERYTHING they do is an investment decision , the better off they will be. The implication of your decision is not simply what you obtain by your action but what opportunity you give up.

So, back to wealth creation and mortgage planning. In borrowing some thoughts from a great financial partner of mine, Brent Gilmore, we can summarize what we typically look for as far as characteristics of a good investment as:

• something that earns us a good return based on our risk

• is liquid if we need it

• is not subject to additional restriction to access it once we have it

• is not at risk of loss.

The reality is your home is absolutely not the definition of a good investment. The reasons are fairly clear if we break them down. What if I told you the MAXIMUM return you could make on the purchase of your home was 0%?

Here’s where we hit the rabbit hole.

First we must explain the difference between return of investment and return on investment. Return OF investment is simply getting back the money that you put in. Return ON investment is difference between the end value of your investment and the amount you invested.

Whether you pay cash for your home or pay nothing down, your home mortgage will be worth the exact same in 1 year, 5 years, 10 years or 30 years. It is true that if values keep going up you will make a positive return ON investment but that is independent of the return OF your investment. Even that fact has some doubt clouding it, but that’s another article.

PAGING CHICKEN LITTLE

Now let’s step back from all of the sky is falling stuff and clear some things up. Your house may well continue to appreciate in value, especially in a strong local economy like Columbus . But appreciation as I showed you above has absolutely nothing to do with return OF capital . Remember that if you bought a $300,000 house today, paid cash for it and turned around in 1 year and sold it for $350,000 you would have experienced the same appreciation as if you had put $0 down to buy the house. Your $300,000 was invested in an asset that yielded 0% during its use.

The key to this is that when you pay your mortgage you “choose” to invest the money in your home instead of in other options that could return you more . Lets Consider the consequences of not being able to pay that mortgage one day:

• Will the bank give you back the money you paid on the mortgage and all of the appreciation when they sell your house in foreclosure?

• Will they lend you more to help you get back on your feet at terms as good or better then you have now?

• And will they do it without asking you to prove your ability to repay the new loan when you couldn’t pay the old one?

Sounds silly, but this is what happens all the time.

Now wait, you say, I have a paper that shows me that if I pay twice per month I will pay off my mortgage 8 years sooner and save $84,000 in interest! You are right, you will. BUT is it a good choice if that money that you borrowed at 4% (After factoring in tax savings on the interest) could be returning you more, guaranteed , elsewhere? Consider other factors as well:

• Are you making those payments and carrying “bad” debt like credit cards at 15%?

• Are you finding it hard to put in enough in your 401k to even get the match your employer offers?

• Are you funding the Roth IRA or the kids 529 college savings plan?

We aren’t even touching on the implications of eliminating or reducing your tax deduction and increasing your overall tax burden.

TO PAY OFF OR NOT TO PAY OFF , THAT IS THE QUESTION

Let’s look at the positive outcomes of paying off your mortgage versus keeping it.

You no longer have to make a mortgage payment to the bank every month.

You might have less to pay at retirement.

And that’s about it. Now, notice I didn’t say anything about the myth that you finally “own” your home. In truth you never do, you always have to pay taxes on it and it is always at risk of loss through various means including but not limited to:

• Taxes

• Creditors

• Casualty Loss

In just about any analysis where someone is using the money that they would otherwise use to pay down the principal of their mortgage for other means of wealth creation, the other ‘means’ come out ahead every time. The requirement here is to spurn our human instinct to consume and to use this money effectively.

Notice that this is the key to wealth creation. If you can’t conquer that human instinct nothing else matters. What this allows you to do is to use dollars you are already spending and inject them into the system to your advantage.

The simple truth is that paying off your mortgage is purely an emotional decision that we have been trained to believe is what we are supposed to do, but if you understand the implications of the decision and can act accordingly, that choice is usually incorrect.

DON’T PAY ATTENTION TO THE MAN BEHIND THE CURTAIN

Now you say, this is just a clever trick by another mortgage guy trying to make money off of me. Well, typically consumers refinance every 3 years and many times that is because they need money . But clients who have invested that money into the other elements of their financial plan are much less likely to refinance for need reasons.

People borrow for car expenditures, home improvements, college expenses, trips or to pay off that credit card debt they said they would never run up again. People who are planning for these expenses and finding tax preferred or tax free ways to fund them with the money tied up in their home have little need to make decisions based on these “needs”.

OK, GREAT . NOW WHAT

There are all kinds of different mortgage products and programs that can make a consumer’s head spin. The important thing to keep in mind is that most of them are wrong on almost all levels. If you are looking for wealth creation a home is a great part of that plan if used correctly. That does NOT mean you go out a get an interest only ARM so you can buy a $400,000 house when you otherwise could only afford a $200,000 house.

For many families they want to invest in the college savings. They want to have more than $50,000 in life insurance that their employer gives them. They want to protect against disability or job loss. They want so many things but don’t know how to find it in the pool of money that they currently have available. Does it mean they give up? Often, that is the case but it doesn’t have to be.

It means that you look at opportunities in the equity that isn’t doing anything for you now and put it to use along with reallocating dollars you are already spending. The mortgage vehicle you use is independent of this choice and only your situation will determine which one is best for you. For most this is all that is necessary to see a million dollar or more difference at retirement. For others who are closer to an age where you will cease to earn income it is necessary to change current spending habits along with these measures.

These ideas that I have very briefly touched on are ones that need to be explored on an individual and ongoing basis with a team of financial professionals who understand how to help make this work for you. This is not one of those “plans” with steps that you can follow from a book on your own and in 20 years a golden goose lays you some precious eggs. Coordinating 401(k), Roth IRA, investments, permanent life insurance, wills and trusts is something that needs much more discussion than is prudent here and frankly with people who are much more qualified to tell you than me.

It is time to think of your mortgage and your home as more than the place where you and your family make great memories. If you allow it to work as part of a total responsible financial philosophy it can be an incredible wealth booster. With so many choices in all areas of finance it is imperative that you find a group of professionals that hold those same beliefs and values. Easier said than done, I know. I know because that is exactly what we have been doing for over a year in Columbus exclusively for our clients.

This, admittedly, is not for everyone and some of you might have even stopped reading by now because you think I am obviously out of my mind. That’s ok, because changing that human instinct to hurry up and pay down a mortgage is difficult. But for those of you who have had their eyes opened, hopefully I have provided you with enough food for thought that you’re starting to reconsider how your mortgage is working for you.

For more on home financing and personal financial information go to: http://www.RightWayunlimited.com. Articles, calculators, newsletters, glossaries and more for your personal financial information needs.

by Jeff Blovits , Franklin Bank SSB

p. 898-5656

Http://www.Rightwayunlimited.com - Personal Financial Information resource for consumers.

About The Author

Copyright RightWay Unlimited LLC, 2004.

This article may be redistributed provided that the author and RightWayunlimited are given full accredition.

RightWay Unlimited LLC is a personal financial information resource for Ohio consumers.

Jeff Blovits is the Branch owner of Franklin Bank Mortgage in Westerville, Ohio. Jeff is a contributing author and network partner of RightWay Unlimited. He is a financial services industry veteran with experience in banking, underwriting, and mortgage lending.

Jeff@Columbusmortgageloans.com

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http://EzineArticles.com/?Wealth-Creation-and-Mortgage-Planning—Two-Great-Tastes-that-Taste-Great-Together&id=11661

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