Ask Liz Weston

Dear Liz: I have almost $250,000 in my retirement accounts. I also have almost $50,000 in credit card debt. Should I take $50,000 from my 401(k) to pay off the debt?

Answer: No, no, no.

In case that wasn’t clear: No.

Of all the dumb financial moves you can make, raiding retirement funds to pay off credit card debt ranks near the top. You’ll pay penalties and taxes that typically equal one-quarter to one-half of any withdrawal, plus you lose the future tax-deferred returns that money could make. If you’re 30 years from retirement, that $50,000 withdrawal would cost you $500,000 in lost retirement income, assuming an 8% average annual return.

The fact that you have that much debt puts you at high risk of bankruptcy. In bankruptcy, your unsecured debt can be wiped out or reduced, while your retirement funds would be protected from creditors.

If you can’t figure a way to pay off your debt without raiding your retirement, you need to make two appointments: one with a legitimate credit counselor (visit the National Foundation for Credit Counseling at www.nfcc.org) and another with a bankruptcy attorney.

Dear Liz: I am a single woman with a base salary of $101,000 plus bonuses, which so far have been significant. I divorced three years ago, and I am still digging out of debt. Last year I put all of my bonus toward debt but still have about $20,000 remaining. I will soon get another bonus of $38,000 before taxes and 401(k) contributions.

Is it wise to just pay off all the debt, or should I target the higher-interest-rate loans and put some in savings? I am thinking that I would have just enough to eliminate all my debt except my mortgage.

Answer: Debt comes in three basic flavors: toxic, good and neutral. Toxic debt includes credit card debt, payday loans and other high- or variable-rate borrowing. Good debt includes borrowing that can help you build wealth, such as a moderate amount of mortgage or student loan debt. Neutral debt includes everything that’s not actually toxic but that isn’t helping you build wealth, such as fixed-rate car or personal loans.

You should get rid of toxic debt as quickly as possible, so use your bonus to pay off any that you have. Then consider any neutral debt you owe. If you already have substantial emergency savings, you could pay off that neutral debt. If, however, you don’t have an emergency stash equal to at least three months’ worth of expenses, and your neutral debt has low rates, consider building up your savings instead.

Finally, make sure to review your spending and saving plans to make sure you’re living within your base salary. Bonuses are great but are variable by their nature, and you don’t want to count on them to pay your bills or bail you out of a jam.

If you’re tempted to feel sorry for credit card companies, what with all the new restrictions kicking in Feb. 22, read on.

Capital One was recently sued by West Virginia’s attorney general for a variety of alleged misdeeds, including sending customers a debt repayment plan disguised as an offer of new credit. (Hat tip to Bill Hardekopf at LowCards.com for bringing the suit to my attention.)

Capital One sent the solicitations to people whose balances had already been charged off as bad debt, West Virginia Attorney General Darrell McGraw alleged in his complaint. Although it looked like a new credit card offer, what Capital One was really offering was $1 of new credit in exchange for the customer agreeing to have the charged-off balance transferred to the new card, McGraw said.

The agreement allowed Capital One to charge interest, late fees and over-the-limit fees on debt that otherwise would have been beyond its reach, the complaint alleges. The agreement also allowed Capital One to re-age the debt, restarting the statute of limitations.

According to a Legal Newsline article by Nick Rees:

“Capital One’s practice of offering nominal extension of credit, if and only if, the consumer agreed to pay off a debt too old to be sued on is tantamount to loan sharking,” McGraw said.

The complaint alleges Capital One also:

• issued multiple low-limit credit cards, each charging exorbitant fees, rather than raising credit limits on consumers’ existing accounts
• unconscionably imposed over-the-limit fees on consumers’ accounts
• sold services to consumers who could not benefit from the services
• billed and attempted to collect for credit card accounts that were never activated.

I’ve made a big fuss about the difference between fair play and foul play, and how often credit card companies crossed the line. But this little scheme may have crossed another line: the one between foul play and pure evil.

Debt settlement is the real Wild West–lots of bad guys and no sheriff in sight. Even the companies that aren’t outright scams might charge you thousands of dollars and not resolve your debt problems.

Federal regulation may be on its way, but until then (and probably even afterward), it’s buyer beware.

Here are three signs that indicate you’re dealing with one of the bad guys:

• They refer to a “new law” or “federal bailout package” that allows consumers to cut their debt “legally.” There’s no such animal.
• They say or imply you can settle debt without affecting your credit. Debt settlement trashes your credit scores.
• They use “as seen on CNN” or other media outlets, but when you click on the link it simply brings you to another debt settlement advertisement.

Anyone who is considering debt settlement should first talk to an experienced bankruptcy attorney about his or her options. If you truly can’t pay your bills, you may be better off getting them erased through bankruptcy than throwing money at debt settlement.

For more, read:

Debt settlement: a costly escape

When debt settlement makes sense

Damned by debt consolidation: settlement could be a trap

Public radio’s Marketplace Money has asked me to help field listener questions about their money.  In this segment, Tess Vigeland and I talk about ways to cope with credit card debt, and what a dad needs to know about his adult son’s debt.

CLICK HERE to listen to the latest show.

Dear Liz: I am a divorced 49-year-old man who has a lot of debt. I recently (and shamefully) turned in the keys on my ridiculously upside-down home in Arizona. My credit scores have plummeted and all my credit cards have raised their rates to 28% and above.

I am remarried to a wonderful woman who is more fiscally responsible and wants to buy a home. I’d like a quick fix, but that seems unlikely. I’ve avoided commingling our assets and credit so far, but recently I asked my wife to cosign a personal loan to consolidate my debt. I’ve also requested to be an authorized user on some of her high-limit, low-balance credit cards.

I fear this may be a break point for our relationship. She has worked hard to be responsible and I — well, I have not. My strategy seems sound. What do you think?

Answer: Your plan could dramatically lower your interest costs, allowing you to repay your debt more quickly. It also could help rehabilitate your battered credit scores.

But the cosigned loan would put your new wife’s credit in your hands. If you missed a single payment, her hard-won credit scores could plunge overnight. If you failed to pay the debt, she would be responsible for it.

That’s a huge risk for her to take, so you shouldn’t hold it against her if she declines. Adding you as an authorized user of her cards involves much less risk, since she wouldn’t have to actually give you access to those cards, but she’s under no obligation to do that either.

If she turns you down, you might want to consider a visit with a legitimate credit counselor (one affiliated with the National Foundation for Credit Counseling) as well as a session with a bankruptcy attorney so you can be apprised of all your options regarding your debt.

Dear Liz: My spouse has extremely high credit card debt. All cards are in her name only. Where do I stand legally if she dies or we divorce? What can a person do about such uncontrollable abuse of credit cards? The interest alone is horrific, but she pays it.

Answer: If you live in a community property state and don’t have a prenuptial agreement, debts incurred during marriage are typically considered owed by both parties (even if there’s only one name on the credit card). Community property states include California, Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

In other states, debts incurred by one spouse are usually that spouse’s responsibility alone, unless the money was used to buy family necessities such as food or shelter. If you divorce, she probably would be responsible for these separate debts. If she dies, creditors could go after her separate property and may be able to go after her half of any jointly held property.

The rules vary enough by state that you’d be smart to consult an attorney about your potential liability.

Wherever you live, though, this debt is affecting your union and your future together. The money she’s paying in interest isn’t available for other purposes, such as saving for retirement or your children’s educations, plus it’s clearly causing tension between you. If you want your marriage to succeed, you should invest in sessions with a marriage counselor and a fee-only financial planner.

Dear Liz: We refinanced our house in January for a 30-year fixed rate of 4.625%. We are paying about $513 a month extra toward the principal, which will allow us to pay off our mortgage in 16 years.

We have 20-year term life insurance policies to cover the mortgage in case the worst happens to either of us. Both my husband and I contribute to our 403(b) retirement accounts at work.

However, we don’t have any emergency cash fund in our banks. We figured we can always borrow from our 403(b) accounts. We both have good credit scores (above 750). We have no debt besides our mortgage.

Any financial advisors out there would tell us to invest that $513 a month into mutual funds or stock because of all the good reasons that I’m sure you know better than us.

However, this is how my calculation works: We’d be saving about $100,000 interest if we pay the mortgage loan off in 16 years. On top of that, we won’t have to make any payment for the remaining 14 years, which would be almost $200,000. The total saving is about $300,000.

Is there any mutual fund out there that can yield that much money if we decided to invest in it? Is it a good idea to do what we are doing right now based on our financial situation?

Answer: Actually, $513 a month invested in a mutual fund would result in about $765,000 after 30 years, assuming an average annual return of 8% (which is the minimum investors have received in every 30-year investing period since 1928, according to Ibbotson Associates).

Even if you look just at the 16-year repayment period, investing the money would recoup about twice what you expect to save in interest.

Now, you could probably build a substantial nest egg if, as soon as you paid off the mortgage in Year 16, you started investing your mortgage payment plus the extra $513. But you’d never make up the ground lost by not investing the monthly $513 from the start.

Also, you need to consider more than potential investment returns when deciding to prepay a mortgage. You have to look at your entire financial picture and make sure all your bases are covered before you pay off a low-rate, potentially tax-deductible debt.

Your lack of an emergency fund is worrisome. Yes, you can tap your retirement funds, but those loans could become taxable, permanent withdrawals if you lose your jobs and can’t pay the money back.

It’s far better to have cash in the bank to cover the unexpected expenses and financial setbacks that life can present.

You should have, at a minimum, an emergency fund equal to three months’ worth of basic expenses before you consider prepaying your mortgage. A fund equal to six months’ worth of expenses is even better.

Since you’re a homeowner, you also should set aside a separate, sizable amount to cover major home repairs — $2,000 at least, although $5,000 is better.

Dear Liz: In a recent column, you advised someone to pay off credit card debt with his emergency fund. I agree that “Clinging to cash that’s earning less than 2% doesn’t make sense when your debt is . . . costing you a double-digit interest rate.”

But isn’t that “old school” thinking? Aren’t we all supposed to be in “survival mode” now and building up our emergency funds instead of paying off debt?

I am recently divorced at age 65, with no chance of getting a job soon. I did not get spousal support as my ex is on Social Security and a pension (which goes away when he dies). I got half of a very shattered IRA, which I am going to need to live on.

I am in the same boat, faced with carrying $8,000 of credit card debt or using funds that I need to live on to pay off the debt. What’s your answer to my problem?

Answer: Take a close look at what credit card companies are doing to their customers these days. They’re doubling or tripling interest rates, even for people with good credit. They’re lowering credit limits and slamming shut accounts, endangering people’s credit scores. They’re experimenting with new fees.

Why would you put up with that if you had a choice? People who don’t pay off their credit card debt with their savings when they can are choosing to bind themselves to companies that have made it quite clear they don’t care about their customers’ financial well-being.

The key phrase there is “when they can.” If you’re facing a layoff or already unemployed, you really do need to be in survival mode and conserve your cash. That means paying the minimums on your debt until your economic situation improves.

If your situation doesn’t improve, or if issuers raise your rates to the point where you can no longer pay your minimums, you may need to consider credit counseling or even bankruptcy to deal with this debt.

photo credit: Qiao-Da-Ye賽門譙大爺

If you’ve got variable rate debt, now is the time to look into fixing your rate.

I wrote this week about the risks of inflation and how prices and interest rates could soar as the economy picks up.

Of course, interest rates are already soaring for many credit card holders. The average credit card rate rose to over 15%, hitting a two-year high, according to IndexCreditCards.com. Even people with good credit scores and on-time payment histories are getting slapped with higher rates, as issuers try to beat the February deadline for the implementation of the credit card reform act.

Here’s what to do:

Mortgages. If you have an adjustable-rate mortgage and don’t plan to move before the rate resets, look into refinancing to a fixed rate if you have some equity in the home. If you don’t have equity, you may be eligible for refinancing under the government’s Making Home Affordable Plan. GET HELP if you go this route–talk to a HUD-approved housing counselor. You can find one HERE.

Credit cards. If you have credit card debt, consider it variable-rate debt, since there’s no such thing as truly fixed rates in the credit card world. Consider getting a three-year, fixed-rate credit union loan to pay off your balances. Interest rates for people with good credit currently average just under 10% for these loans, according to the Credit Union National Association. (If you don’t belong to a credit union, you can find one HERE.) Other options for 3-year, fixed-rate loans are social lending sites such as Prosper and Lending Club. Rates vary according to your credit scores and investor bids but loan rates currently range from 7% to 26%. (Can’t pay off your debt in three years? Then you may be in more trouble than you think. Consider talking to a legitimate credit counselor and a bankruptcy attorney to get a more complete idea of your options.)

HELOCs. Home equity lines of credit are a tougher call. The rates on this type of debt are typically very low and not as subject to the whims of lenders as credit card debt. If you have a home equity line of credit and you’re concerned about being able to pay it when rates rise, however, you could consider a fixed-rate home equity loan or even refinancing your primary mortgage to incorporate the debt and fix the rate.

You also should have a plan for paying off your debt. Read “A debt payoff plan that works” for more.