Tuesday, October 2, 2012

Credit Protection & Prevention: The Best Offense is a Good Defense

When it comes to credit, prevention and protection are the best methods to maintaining good credit. What that means is making sure the bad stuff never gets on there in the first place, prevention. One method of protection is to make sure your credit score is so high that if something does slip through the cracks it won’t be completely detrimental. I have always told my students and readers their goal should be too reach an 800 FICO® score not because it will necessarily give them the best rate (typically anything over 740 will accomplish this), but because it will protect in the event of something bad appearing on the credit report. Obviously paying our creditors on-time is the main way to both prevent and protect our credit from the #1 bad thing, late payments, from occurring. However, there are many other bad things which can happen, so we need to be on guard.
 
A common bad thing is a collection, probably the most common. Medical collections make up the bulk of collections, 42% in fact, according to ACA International Top Collections Markets Survey. Typically they are small amounts, in many cases less than $250. However, no matter the amount, a collection will cause harm to the credit score, therefore potentially costing us more money when we seek to borrow money. The nature of the collection for many people is that if they knew they owed it they would have just paid it. I am going to cite a personal example that happened to me a few years ago.
 
My son was born in mid-2004; at that time I was writing checks to anyone who said I owed them money. If there is a downside to having a child it is the medical costs involved. Insurance may cover some procedures, but there are still deductibles, not to mention out of network medical providers who do not have a contractual with your health insurance provider. So out of the blue a call is received in November 2008 from a lady at a medical collection agency claiming $260 is owed to a pre-natal medical provider. Of course this sounded fishy to me. The first step in answering the claim of a collector, request a validation of debt. Provide me with documentation in regard to the debt, show me I owe it. That being said, there is always the possibility they are looking for a different person. For example, there is another Patrick Ritchie in the Phoenix area. I used to do a once per semester class at Scottsdale Community College, I received a check for an unusually higher amount than normal. Upon contacting Human Resources I discovered my check was mixed up with the other Patrick Ritchie, who apparently works there full-time in some capacity. We all know mistakes happen at times.

Since mistaken identity is always a possibility, request a validation of debt. It is a legal right under U.S. Code TITLE 15 > CHAPTER 41 > SUBCHAPTER V > § 1692g Validation of debts. Knowing this I made the request. A few days later I was provided with information pertaining to the service for which they say I owe. It shows the debts are from December 2003 and January 2004 for two separate ultrasounds. I save everything, so I went to my filing cabinet to dig out what I had. To verify I had not missed anything I also called my health care insurance provider to see what its records showed in regards to this claim. The insurance company showed the two claims as being paid. I called the pre-natal medical provider to have a conversation with them directly about the debt. They claimed they did not show receipt of payment. I had the insurance company fax me proof of payment. I drove to the medical provider’s office to show them my documentation. What I discovered was that they were out of network for my insurance company, so the insurance company had sent the payment to me instead of the provider. The provider continuously billed the insurance company, never me, and eventually gave up in June 2005. I never received a bill from them for any amount. As it turns out I had their money, or actually a portion of the money since the entire billed amount was not paid by the insurance company. So I did owe them the money.

To remedy it I wrote a check directly to the collection agency. Their bait was that the debt had until December 31st, 2008 to be paid before it would be reported on the credit report. As strange as the collection call was, it was not a scam, but it certainly seemed unusual. Knowing how many checks I had written for any invoices received at the time, it seemed extremely odd that I would have ignored a bill from this particular medical provider. The reality is that I was never sent an invoice for services provided. In late summer of 2004 I did move to another house, although my mail was forwarded to the new address. In discussing the situation with the billing department of the medical provider they could not show that an invoice had ever been sent out to me. Coincidentally, the same medical provider was used for ultrasounds in early 2005 for a subsequent pregnancy which resulted in a miscarriage. According to their records, those ultrasounds were all paid for, yet somehow, even though I was there writing checks a year after the first pregnancy, they never brought up the fact that I still owed them money.
 
Do you see why collections are so frustrating? Sometimes things just fall through the cracks, plain and simple. I will say that both the collection agent and medical provider were helpful in assisting me to figure this all out. This situation was fortunate for me; they were able to reach me before it was submitted to the credit report. Had they been unsuccessful in reaching me, the collection would have just been placed on the credit report. Then I would have been contacting them the next time I went to apply for a loan and this came up. I have heard this a million times, “This is impossible, there cannot be a collection on my credit report, I pay everything I owe.” Of course we do, but if we never receive a bill and a debt comes up four years later it can become a problem.

What kind of problem could it have been? My credit scores typically range between 780 – 810; I would think a collection would have knocked me down about 50 points. So my worst case scenario might have been a credit score in the 730 range. Still a good credit score. This is why we should always shoot for an 800, it reduces the fall if something unforeseen should occur. What about my worst case scenario?

My worst case scenario would have been if the collection had been reported, my credit card companies might have picked up on the derogatory account. Our credit card companies check our credit reports periodically to assess risk, typically every quarter, but possibly monthly. The good news is that this has no impact on the credit score because it is considered a “soft” inquiry, which means I did not initiate it, nor am I applying for credit. If I am deemed a higher risk my credit card limit could be dropped and/or my interest rates could be increased. This is known as universal default, it has come under a lot of scrutiny over the years. Higher interest rates do not impact my credit score; however, lowering my limits could have a majorly adverse impact. We always want to keep our credit balances as low as possible, the benchmark is under 50% of the available limit (always check to see what limit is being reported on your credit report, do not assume that what is on your credit card statement will always be what is reported to the credit bureaus). If my credit card limits were cut as a result of a collection being reported this could have a much worse impact on my credit score, potentially knocking my score down in excess of 100 points. I will get more in-depth on this in a future posting.

The point of this is to show the importance of protection and prevention in regards to our credit.
 
Doing so will ensure you are always on top of your credit when you need it.
 
Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.




Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com



© Copyright 2012 Patrick Ritchie All Rights Reserved

How Will Future Lenders View me After Foreclosure, Bankruptcy, or Short Sale?

Overcoming the circumstances that caused the previous financial issues requires knowing what to expect when reapplying for a mortgage in the future. It is important to understand the process and to be informed about the details of the process in order to become a homeowner again.
 
How long do I have to wait before I can get a mortgage? Most people will use an FHA mortgage because it is the more forgiving than a conventional mortgage, although conventional may allow someone who had an extreme hardship to be eligible 2 years after a short sale, but for the most part FHA is likely to be the route to owning again:
For FHA:
  • Foreclosure – 3 years
  • Deed-in-lieu of Foreclosure – 3 years
  • Short Sale – 3 years, in most cases
  • Chapter 7 Bankruptcy – 2 years
  • Chapter 13 Bankruptcy – 1 year
  • Credit Counseling Plan – 1 year

Coming out of a major financial setback can feel like an uphill climb, but it is not insurmountable. In fact,  there will be a point in time and beyond when nothing from that time frame of financial difficulty will even appear on the credit report. For most items it will expire off the credit report within 7 years, the worst case scenario is 10 years when it comes to a Chapter 7 bankruptcy.
 
Late payments, collections, charge-offs (debt written off and sent to collection), foreclosure, defaults, chapter 13 bankruptcy, etc. will all come off the credit report after 7 years.
 
Chapter 7 bankruptcy falls off the credit report after 10 years.
 
It is critical, after a serious derogatory credit event, to be PERFECT moving forward. If you go through a foreclosure, but then for the next 12 months following you have other derogatory items reported on your credit report, this can severely lessen your likelihood of being approved for a mortgage 3 years later. In the case of a bankruptcy, you get a second chance, but even one late payment or one collection after the bankruptcy could derail the possibility of getting approved for a new mortgage.

When there has been derogatory credit in the past, it will almost always have to be fully explained in a written letter.

Lenders must document their analysis as to whether the late payments were based on a:
  • disregard for financial obligations
  • an inability to manage debt
  • factors beyond the control of the borrower (extenuating circumstances).
Extenuating Circumstances: nonrecurring events that are beyond the applicant’s control that result in a sudden, significant, and prolonged reduction in income or a catastrophic increase in financial obligations. These cannot be solely defined by the event itself; all circumstances must be taken into consideration.
 
What the underwriter is looking for is:
  • WHY the derogatory event occurred
  • WHY it was out of my control
  • WHY it is unlikely to happen again
Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.





Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com


© Copyright 2012 Patrick Ritchie All Rights Reserved




Monday, October 1, 2012

How Long Will My Credit Be Impacted After Foreclosure?

CREDIT has become the adult grade card. It opens and closes doors of opportunity and survival. For someone in a mortgage crisis it is more important to focus on closure in order to move forward. Once a house is foreclosed upon or sold in a short sale the healing process begins.
 
The majority of the damage comes from the number of days of delinquency someone experiences. FICO put out a good study to refer to: http://bankinganalyticsblog.fico.com/2011/03/research-looks-at-how-mortgage-delinquencies-affect-scores.html
 
The chart in the link shows us a few things, first of all that a short sale with the debt forgiven is better than a short without the debt forgiven. A short sale without the debt forgiven is no better than a foreclosure in the chart. There is one thing where the chart falls short, it only shows 90 days of delinquency, in Arizona most homeowners would likely be at 180 days delinquency before the foreclosure would actually take place, so the credit score would be lower just based on the longer delinquency period being reported, and of course the longer the delinquency the more damage to the score. No matter what, once the final event takes place, foreclosure or short sale, the recovery period begins. The derogatory information will remain for seven years and as each year passes will have less and less adverse impact on the credit score. Generally the scores are back to the high 600 range to low 700 range in 2 - 3 years, however, every credit report is a like a stand of DNA, so recovery depends on the whole picture, not just one account.
 
The GOOD NEWS: nothing bad on the credit report will last forever. It may be necessary to look at bankruptcy as an option in order to weigh your options and guard against deficiency liability. While not favorable, it is an efficient means to cleaning up the problems of financial disarray in a very specific and legal manner without leaving the door open to future liability. When facing the prospect of losing your house always sit down with a bankruptcy attorney to find out your potential liability.

The other GOOD NEWS: a foreclosed homeowner today can be a home buyer again, generally at the 3 year point. In 3 years (FHA 4155 Guidelines as of 4.21.2010) no matter what my circumstances are right now YOU can buy again, that is 1,095 days, or only 26,280 hours (1/3 or more of which you will sleep through). Of course, at the 3 year mark, you will have to qualify and there cannot be any derogatory credit issues after the original foreclosure.
 
Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.




Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com



© Copyright 2012 Patrick Ritchie All Rights Reserved

Credit Scoring

The credit system in place today is fast.  A credit report and score can be obtained by a creditor within seconds. Generally used for lending, it is the basis for approving or denying loans.
 
The credit score came along in the early 1990’s when Fannie Mae approved the FICO credit score to be used in mortgage approvals and it saved hours per loan application in terms of approving or denying a loan request. the FICO credit score ranges from 300 - 850, higher is better, being at a 740 or higher will almost always get you the best terms on a loan.
 
The three big credit bureaus (Experian, Equifax, and TransUnion) provide credit reports which contain information on a consumer’s current and past accounts, including details such as amounts owed, payment history, length of time the account has been open, etc.
 
The Five Factors of the FICO Scoring Model:
 
1. Payment history - 35% of the score. Paying accounts on-time is the largest factor for credit scores. An account is considered on-time as long as the payment is received within 30 days of the due date. One day past the due date may be considered LATE in the eyes of the lender.
 
You could be subject to a late charge, but if it is received before it is 30 days past due it will not affect your credit scores. Could a lender report an account that was one day past due as being late to the credit bureaus? Absolutely. Will they? Not likely. It is an accepted practice by lenders to report only payments that are 30 days late.
 
2. Balances owed accounts - 30% of the score. The balances we carry have an impact on the credit scores, coming into play mostly with revolving accounts such as credit cards. The rule of thumb is that you should try to keep your balances on credit cards less than 50% of  the available credit limit. The closer you get to the limit on an account the more likely you are to  see a decline in credit scores. Try to keep your credit card balances as low as possible, lower is better.

3. Length of credit history accounts - 15% of the score. The longer the positive credit history the better. An installment loan has a set lifespan and will be closed when the last payment has been made. Conversely, credit cards (revolving accounts) can have an infinite lifespan.

Contrary to popular belief, closing accounts is not a  good thing when it comes to credit scores. If you cannot withstand the temptation to accumulate more  debt on open credit cards, put them out of immediate  reach (safe deposit box) to avoid spontaneous  purchases. Try to avoid closing out history you have  already earned.

4. New credit accounts - 10% of the score. Inquiries and new accounts fall into this category. Every time a lender gets your credit report or credit score it shows up as an inquiry on your credit report. An inquiry can have a small impact on your credit score, maybe a decline of a point. Gaining a new credit account can have a larger impact on your credit score in the short term. Do not apply for unneeded credit.

5. Mix of credit accounts - 10% of the score. An ideal mix of credit would be credit cards, car loans, mortgages, student loans, etc. Someone with only credit card accounts and nothing else may be at the most risk. Keep in mind - the “mix” is only 10% of the overall formula.

Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.




Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com



© Copyright 2012 Patrick Ritchie All Rights Reserved

Choosing Which Debts to Pay in a Crisis

If you find yourself in a financial pinch and must decide which bills to pay and which to delay, there are a couple different scenarios to consider.

Communicate with your creditors to let them know the circumstances. See if they can work with you on arranging a temporary repayment or perhaps place your account into forbearance until you can get back on your feet. Student loans will generally allow someone to place their account into forbearance for 12 months at a time, up to 36 months until they are no longer struggling financially.
 
In fact, I like the idea of putting low interest rate student loans into forbearance to focus paying down higher interest rate credit cards. Contact your loan servicer to inquire about forbearance, if you have a Direct Loan through the U.S. Department of Education the entire forbearance process can be performed online in most cases.
 
Automotive loans will often allow a borrower to miss a payment periodically without consequence if the borrower asks in advance of the due date. Always make the request before the due date, other types of loans allow for this, but it varies from lender to lender, just remember it never hurts to ask.
 
If the delay is 30 days or less make sure you pay the bills that report on your credit report or the ones that charge late payments if one day late. You want to avoid being reported late on your credit report, which would occur if you are 30 days or more delinquent. This would include credit cards, mortgage, automotive loans, student loans, anything that reports on your credit report. You do not want incur late fees on top of what you already owe for the monthly payment, so even if you are not going to be 30 days late, even being one day late could cost you a chunk of change, although I would gladly pay a late fee rather than be reported late.

Being late on utilities, cell phone, cable, internet, etc. is less of a concern since they are not reported to the credit bureaus, and you are not likely to experience a service turn-off if you are only a month behind. Make sure you are familiar with any late fees that may be imposed.
 
However, if the situation is longer term and you need to make tough decisions for 60 days or more, focus on the necessities such as food and utilities. Do not go hungry or live in the  dark. Being able to support ourselves and family takes precedence over paying debts.
 
Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.




Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com



© Copyright 2012 Patrick Ritchie All Rights Reserved

Security Breach: What Should You Do?


blocked,cards,credit cards,cropped images,cropped pictures,debts,dollar signs,dollars,loans,locked,locks,monies,overdrafts,PNG,savings,securities,transparent backgroundEvery week it seems like I read something about a security breach, whether it is a bank, government entity, university, or hospital, the possibilities of a breach are endless. Criminals are grabbing sensitive information such as social security numbers to commit fraud. The topic comes up frequently in my classes about credit, people want to know how they can protect themselves if they are part of a security breach.
 
The standard recommendation is to add a fraud alert to your credit report. This is a notation on the credit report notifying anyone looking at the credit report that there is a chance of identity theft, therefore the identity of the person requesting credit should be scrutinized. I am not a firm believer in relying on a fraud alert as a sound protection from identity theft. The reality is it does not stop anything, but rather it is simply a cautionary notice.
 
The better approach is to consider a security freeze as a protection because it denies access to your credit report. When a freeze is added to your credit report, all third parties, such as lenders or other companies, whose use is not exempt under law (FBI, IRS, CIA, etc.) will not be able to access your credit report without your consent (you give them a pin you receive from the credit bureaus for access). A security freeze is more beneficial than a fraud alert because it actually stops access to your credit report without your permission. It is available to ID theft victims with a police report and non-victims who have no police report for a specific incident, but wish to protect themselves.
 
You need to go to each credit bureau individually to institute a freeze:
 
 
 
 
If the links change just go into each credit bureau website and search the term “security freeze.”
 
The reason I like the security freeze is because if someone has your social security number and tries to apply for credit, a creditor will not be able to access your credit report and therefore credit will likely be denied. You should still check your credit report annually to make sure there are no issues, and the security freeze will not prevent someone from using your credit card if your account number is stolen, so remain on guard and realize the freeze will only prevent new accounts from being opened in your name. Existing accounts are still susceptible.
 
The security freeze may delay or interfere with the timely approval of any subsequent request or application you make that involves access to your credit report. This includes new loans, credit, mortgages, insurance, rental housing, employment, investments, licenses, cellular phone service, utility service, digital signature service, and extension of credit at point of sale.
 
Additionally, while your report is frozen, companies that provide consumer data to the credit bureaus will not be allowed to update name, address, social security number and date of birth information on your credit report. If there are any changes made to your name or address while your file is frozen, you must notify the credit bureaus directly so that they can update your personal information.
 
If you wish to apply for a new credit account or other credit relationship, and the prospective lender or company needs to access your credit report, you will need to get a pin code to give access to your report or remove the security freeze.
 
As a method of protection the security freeze is a way to lock up your credit report and the cost is generally free if you have a police report or a $5 - $10 onetime fee if you do not. It is not only the best protection, but it is also a very inexpensive protection.

Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.




Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com



© Copyright 2012 Patrick Ritchie All Rights Reserved

Friday, September 28, 2012

What NOT to do During the Mortgage Process


The mortgage process is very specific, so it goes without saying there are do's and don'ts when it comes to successfully closing on a mortgage.

The credit report expires 90 days after it is originally pulled, so if it expires, a new one has to be pulled. If the credit score is now lower, that is the score that will be used, which could change the interest rate for the worst. If the score is below the minimum required credit score the loan has to be denied unless it can be brought up before closing. Here are the main reasons credit scores might drop in that 90 day period:

- Credit card debt increases
- Late payment on something
- Medical collection shows up unexpectedly

Your employment will be verified at the beginning of your mortgage application and again at the very end before you close.  Do not quit your job, even for a better job if you have a contract to close on a house, talk to me first so we can get it figured out. Do not do anything to get fired, like eating lunches from the office refrigerator that are not yours, or getting in a fight at work, one of these two things have actually happened on one of my mortgage files. Sadly the borrower did not get the loan because he no longer had a job, this was the week of closing, and the seller was furious we did not close escrow. Leaving your job is a serious matter when you are applying for mortgage, and when you are trying to buy a house your source of income is imperative. I am always available to answer questions about employment if there is a concern.

Do not apply for other credit, such as a car, credit card, or any new debt. A popular one I have encountered is buying furniture for 90 days or more same as cash. This can have a majorly adverse impact on the credit score, the reason is due to a high credit utilization ratio. For example, if you purchased furniture for $5,000 and received 90 days same as cash, this is likely set up as a revolving line of credit with a limit of $5,000. With $5,000 available and $5,000 as the balance the credit utilization ratio is 100%, which will severely impact the credit score. In this scenario it could drop a score as much as 100 points depending on how much other revolving credit a person has.

Do not make any unusual large deposits into your bank account, an unusual deposit is any deposit that is not a payroll deposit. All deposits need to be sourced with a paper trail, such as a bill of sale if you sold something, all money must be documented to make sure it was not borrowed, it has to be your money, and you have to verify that.

While I am at it I have a very important recommendation, always pay rent with a check, paying rent with cash is a bad idea because it provides no record of when rent was paid, or how much was paid. Being able to show 12 months of cancelled checks is important, not always required, but if it is necessary you need to have the documentation. If you pay cash and can show ATM withdrawals on your bank statements every month that can work as well.

Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.




Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com



© Copyright 2012 Patrick Ritchie All Rights Reserved

Thursday, September 20, 2012

Credit Checks for Employment

Video: About Credit and Employment

A few weeks ago I was teaching a finance class at the Ohio State University when a scenario came up that I knew I would need to write about on this forum. A student had applied for an internship for the summer, the hiring manager said he was the top candidate and there were just formalities such as a background check before a final decision would be made. The student signed an authorization form allowing the employer to do a consumer report on him. Within a few days the hiring manager called and told the student that the position was filled by a different candidate. As he was telling the story in class I knew where it was going, I have heard a similar story every academic quarter since 2006 when I first started as a guest lecturer at OSU. The student checked his credit report and found a medical collection for $168. Did he owe the money? Yes. Was it his responsibility to pay it? Yes. Should he have checked his credit report before applying for a job? Absolutely!

A 2009 survey by the Society of Human Resource Management showed 60% of employers conduct credit checks of potential employees. This is an increase from 2006 in which only 42% of employers were doing credit checks.

Not all job candidates go through a credit check, of those organizations surveyed only 13% do credit checks on all employees. 47% surveyed conduct credit checks on specific positions. Positions in a financial or fiduciary responsibility go through a credit check 91% of the time, while senior executive positions are checked 46% of the time, and positions with access to highly confidential employee information are checked 34% of the time. Medical debt is generally not considered during the hiring process according to the poll, but medical collections are open to scrutiny. A foreclosure is only part of the hiring decision in 11% of those surveyed. 87% of those surveyed allow job candidates the opportunity to explain the results of the credit report, depending on the circumstances. 57% initiate a credit report after making a contingent offer, 30% perform the credit check after the interview.

Employers may be considering many things, such as the likelihood to be more tempted to steal based on delinquent accounts or a high debt-to-income ratio based on the debt present on the credit report. Other considerations:

• On the job errors
• Longer lunch breaks to take care of personal problems
• Requesting paycheck advances
• Attempting to borrow money from co-workers
• Frequent personal phone calls or incoming collection calls
• Absenteeism, attitude, enthusiasm, etc.

How employers gauge the credit issues in terms of a hiring decision:

• Outstanding judgments 64%
• Collection accounts 49%
• High debt-to-income 18%
• Foreclosure 11%
• Medical debt 1%

My advice is to review your credit report, make sure it is correct, and always have an explanation for anything derogatory focusing on:

• Why the derogatory event occurred
• Why the derogatory event was out of your control (job loss, medical issue, etc.)
• Why the derogatory event is out of character based on the big picture of your credit and is unlikely to happen again
Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.





Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com


© Copyright 2012 Patrick Ritchie All Rights Reserved

Bankruptcy Versus Debt Settlement


Video: My Thoughts on Debt Settlement

Here is an email question I received the other day:

Patrick, I attended your class last year and have purchased your book. I have a client who has about $70,000 in credit card debt.  They are planning to file bankruptcy but don't want to lose their home or their retirement accounts.  I suggested they use a non-profit credit association company to work out a payment plan and pay their debt.  I don't want to lead them down the wrong path as I am not a financial advisor.  You implied in your book and class that bankruptcy might be the best route for their credit.

What is your suggestion?

There are many things they should consider, here is my short list off the top of my head:

• They likely can keep their retirement accounts in a bankruptcy; the statutes in most states give retirement accounts an exemption from creditors. The list of exemptions will be in your state codes/statutes, the legislative websites have great search features for locating the information. Or check with a bankruptcy attorney, Stephen Trezza is a knowledgeable bankruptcy attorney with useful information on his website: http://www.filebankruptcyinarizona.com/Chapter-7-Bankruptcy/What-Can-I-Keep-After-Filing-Chapter-7.shtml

• As long as they continue to make the payments they can most likely keep the house. This decision needs to be weighed carefully, do they really want to keep the house, can they afford it?

• People who go through bankruptcy will generally have better credit within 2 - 3 years, whereas people in credit counseling repayment programs can be in bad credit shape for 3 – 5 years.

• Through bankruptcy (Chapter 7) they may be able to discharge the entire $70,000 balance, depending on if they qualify based on their income

• A bankruptcy is a permanent public record, but falls off the credit report within 10 years, they could buy a house again within two years of a Chapter 7 bankruptcy

• Credit counseling is not part of the permanent public record and will fall off the credit report in 7 years generally (this is the way to go if they have political aspirations). There are circumstances where it makes sense to go through CCC instead of bankruptcy, generally for smaller amounts; $70,000 is not a small amount.

• A major consideration is tax consequence when it comes to debt settlement, if they owe $70,000 in credit card debt and settle for half, they are possibly going to be taxed for $35,000, depending on their tax bracket this could be a shock. An important thing for consumers to realize is that even if they do not qualify for a Chapter 7 discharge, going the Chapter 13 route may turn out better than settling through a non-profit. For example, let’s say the non-profit gets the creditors to settle for half, but the court may order that the creditors will receive ten cents on the dollar. Bankruptcy can be superior even from a settlement standpoint.

• With debt settlement through CCC the consumer does not lose any assets (other than the money they are paying), with a Chapter 7 bankruptcy the debtor would lose any non-exempt assets (personal property, stocks, savings, etc.). In a bankruptcy the non-exempt assets are auctioned off, I go to these auctions frequently. Many times the debtors will go to the auction and bid on their own stuff, which is allowed. Last year I purchased $2,300 worth of framed art for $80, the assets were from an art gallery that went under. The possibility of losing personal property is a major factor in making the decision to go the bankruptcy route, especially if the debtor has cherished keepsakes that would have to go to auction to pay creditors. It is a good idea to sit down with an experienced bankruptcy attorney for an exemption planning session to plan out the bankruptcy thoroughly.

If given the choice between a payment plan and discharging the debt it is almost always a better idea to discharge the debt. At the point of discharge the credit begins to heal, whereas with a repayment plan the damage continues until the account is settled and closed out. It is also important to realize that there are specific laws and procedures for bankruptcy, plus there is oversight. In the world of credit counseling there is no schooling, there is no licensing, there is no bar exam to ensure proficiency, it is a wide open wild west of sorts. I do believe there is a place for credit counseling, as long as the organization sticks to budgeting and interpreting the credit report. An excellent measure of whether a credit counseling agency is trustworthy is if they are HUD approved. I have worked with HUD approved counseling agencies for a number of years and have found NeighborWorks organizations to be the best all around.

As soon as credit counseling crosses into a repayment plan this is where I start to feel shivers up my spine. There is a thing called the sharing rule, which allows a debt settlement/credit counseling company to receive a commission/cut of the amount they can get the consumer to pay to the creditor. I feel this is an outrageous breach of fiduciary duty at the highest level. My second major issue is that many consumers drop out of the repayment program and file for bankruptcy ultimately any way.

This is just some food for thought, being in a position of choosing between bankruptcy and debt settlement is not an easy position to be in. Given the circumstances I think they should consult with a bankruptcy attorney to inquire about their eligibility. I feel strongly about this because I see many credit reports where if someone had just filed bankruptcy they would be fine today, but instead they dabbled with settlement and it prolonged the damage.

Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.





Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com



© Copyright 2012 Patrick Ritchie All Rights Reserved

Free Credit Report Offers Examined

There was a point in time it seemed like you could not turn on your television without seeing and hearing the free credit report jingle. Those merry men dressed as pirates lyrically painting a picture of why we should all check our credit reports. Besides, it was free, right? It depends on your personal definition of “free,” which for the advertisers meant free as long as you don’t mind placing your foot in a proverbial snare so they can shake money out of you later. The Federal Trade Commission noticed the advertising, evening going as far as mocking them with its own jingle at http://www.ftc.gov/multimedia/video/credit/reports/apartment.shtm.

Then the FTC brought down the hammer, full disclosure of where consumers could obtain their federally mandated credit report. Too many consumers did not understand that they could go to www.annualcreditreport.com for a free credit report with no-strings attached (no credit score though, the law does not require it currently). The level of advertising for commercially generated free reports was enormous; the most well known free credit report site reportedly spent $100 million annually on advertising. How much free stuff can you give away with an advertising budget of $100 million? As it turns out, only so much, people ended up with credit card charges they did not want because to get the free credit report they had to sign-up for a 90 day or so free trial of identity theft protection or credit monitoring. If they did not cancel by the 90th day they would be charged, the complaints flowed like an angry volcano.

Per the FTC enacted disclosure any website offering free credit reports must now place at the top of the page:

THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV.
You have the right to a free credit report from AnnualCreditReport.com
or 877-322-8228, the ONLY authorized source under federal law.

The Web site disclosure must include a clickable button stating “Take me to the authorized source” and clickable links to AnnualCreditReport.com and FTC.GOV.

Disclosures are required for radio and television advertising as well, which went into effect on September 1, 2010. This is why we do not see or hear as many of the advertisements. However, there are a thousand ways to skirt regulation, so the new thing is to offer a free credit score instead of a free report. Fortunately consumers are catching on to the unsavory nature of these schemes. Even the free credit score is a ruse in the sense that it generally is not even the score lenders use for underwriting, just a fictitious self-created formula to get money out of unsuspecting consumers.

If your New Year’s resolution was to improve yourself financially this year, go to www.annualcreditreport.com right now and print off a copy of your credit report for your records.

Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.




Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com




© Copyright 2012 Patrick Ritchie All Rights Reserved

Reasons to Save Copies of Your Credit Report

If you have not been reviewing and saving copies of your credit report each year do it today. The reason it is imperative to save copies of your credit report by printing them out is because the credit report is not a static document. It is completely variable, a liquid document, it is only as good as the information currently reported, so things can change. The information contained in a credit report is the information reported by the creditor, there is no formal verification process by the three credit bureaus (Experian, TransUnion, and Equifax). Which means it is up to the consumer to keep tabs for incorrect information and any changes that result in discrepancies.

Since the credit report is only as good as the information being reported at this moment, saving your old credit reports will give you solid documentation as to the dates of occurrence for anything negative. The reason these dates are so critical is because it is tied to your recovery period. The more time that passes the less impact negative items have. Think of it this way:

Most negative items come off the credit report entirely after seven years (one exception is Chapter 7 bankruptcy, which is 10 years) because of the Fair Credit Reporting Act. Seven years breaks down to seven 12-month periods, think of the first 12-month period as the worst for the credit, but once it passes we start to see more improvement. Generally after 2 to 3 years the credit scores are at or above average after a major financial hardship. Each 12-month period that passes is in the rearview mirror, we are improving until the negative event is completely gone, finished, no trace or reference of the short sale on the credit report. This applies to any type of derogatory account falling under the seven year rule.

The problem is manipulation of the credit report. The FTC went after NCO Group for reporting collection accounts using later-than-actual delinquency dates. In changing the date of delinquency it could cause a debt to be reported beyond the seven year limit allowed. For example, if the original debt was reported delinquent in 12/08 and changed to 12/10 it would extend the reporting of the debt for another two years beyond what is legally allowed. To settle the charges NCO Group had to pay $1,500,000. According to NCO Group it had obtained bad information about the age of the debts from a creditor. NCO Group is no small operation, it is one of the largest debt collectors out there, presumably with good systems, but mistakes do happen. What if it wasn’t a mistake, what if it was just an attempt to plague debtors longer in an attempt to negotiate a settlement of the defaulted amount? When situations such as this arise, it shows us why it is important to save paperwork and keep copies of your past credit reports. You may have to prove dates are being reported incorrectly at some point. It is impossible to know what the future holds and what issues may come about. I will post more about the bad debt market soon.

Any documentation you receive regarding debts should be saved as an important document. You never know when you will need to prove something down the road. Since the power of reporting is in the hands of the creditor, it is a smart move to be able to back up any future disputes you may have to make.

In summary:
1. Save your credit reports because they are not static, they are a liquid document that can be manipulated, and can be prone to mistakes.
2. Save all documentation received regarding debts, especially debts going into default, the more documentation you have of dates the better just in case you need it in the future for disputing.

Have a mortgage or credit question you would like for me to cover on this blog? Shoot me an email so I can address it. If you want to apply for a mortgage in Arizona give me a call at 480-203-4641, the application process is easy, and it only takes 10 minutes for me to get the information to get you started on your way to home ownership.




Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com



© Copyright 2012 Patrick Ritchie All Rights Reserved

Sunday, September 16, 2012

Welcome!!

Welcome to my Arizona mortgage blog, where I will combine my knowledge of credit and mortgages, as well as my legal education into a useful resource for my clients, other consumers, and REALTORS® to keep up with the mortgage world. I have been teaching and writing about real estate finance for the past 12 years, so it is well past time for me to sit down and start sharing info on a blog. It took me a year to write my first book, The Credit Road Map, and there were so many things I came across in my research that I didn't have room for in the book, so I am excited to be able to share that information here. I usually teach a continuing education class each week, so there is always an interesting discussion coming out of the classroom that I will talk about here. Every Friday I will post about what the current mortgage interest rates are at, in between Fridays I will only post about rates if they are doing something significant worth letting you know about. I will also post about CE classes I have coming up that you might want to attend. If there is a topic you would like for me to cover please feel free to contact me.




Patrick Ritchie
Mortgage Finance Instructor
Ritchie School of Real Estate Finance
480-203-4641 Cell
Patrick@PatrickRitchie.com



© Copyright 2012 Patrick Ritchie All Rights Reserved