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Liz Weston

Q&A: How to deal with debt collectors

March 21, 2016 By Liz Weston

Dear Liz: After struggling financially for seven years, I’m getting a good lawsuit settlement. After taxes, I’ll be set. I want to pay my bills but to the actual company — for example, the credit card company, not some bill-collecting clowns that threatened me with “the sheriff will come over and arrest you” or “your brother and sister will inherit your debt” and other lies.

I also don’t want to pay these inflated fees from bill collectors that have no rhyme or reason and sound like they are throwing darts at numbers board.

Finally, I’ve asked a couple of the bill collectors to provide me with the name and contact at the original company so I can verify that they have authorization. But with data being compromised every day, how do I know they are legit?’

Answer: You typically don’t have the option to pay the original creditor once a debt collector enters the scene. Chances are good the original creditor long ago wrote off the debt as a loss and sold it, often for pennies on the dollar. You’ll know the bill is in the hands of a debt buyer if you check your credit reports and the original creditor shows the amount owed as zero, said Michael Bovee, president of Consumer Recovery Network, a debt relief company.

You’re right to be concerned about paying the right party — not because of database breaches but because of the lousy records and bad practices that plague the debt collection industry. The same debt may be sold to multiple buyers or come with so little identifying information that it’s unclear who originally owed what to whom.

Before you pay any debt, you should ask in writing for it to be verified. By law, debt collectors must provide you with the name of the creditor, the amount owed and how you can dispute the debt or seek further verification. The Consumer Financial Protection Bureau offers sample letters on its site, www.consumerfinance.gov.

The CFPB also accepts and investigates complaints about collection agencies, such as those who violate the federal Fair Debt Collection Practices Act by harassing people or falsely threatening to arrest them (you typically can’t be arrested for debt).

It’s understandable that you don’t want to deal with a rogue collector or an unethical collection agency. If the debt is beyond your state’s statute of limitations and you can’t be sued over it, then there’s little reason to open negotiations with such bad actors. They could renege on any deal they make with you and simply sell the debt to someone else, starting the whole circus over again.

If you must resolve the debt — you typically can’t get a home loan, for example, if you have open collection accounts showing on your credit reports — then you should call the original creditor and verify which company bought the debt. If the debt wasn’t sold but assigned to a collection agency, get the name of that firm. Then you can call and negotiate payoffs low enough to offset any fees or interest that have accumulated, Bovee said. But do so before you apply for the loan and don’t let the collectors know you need to clean up your credit, since that weakens your bargaining position.

You’ll want to arm yourself with as much knowledge as possible before you contact any collection agency. You can download a free e-book at DebtCollectionAnswers.com, a site run by consumer advocate Gerri Detweiler, that can help you get started.

Filed Under: Credit & Debt, Q&A Tagged With: debt, debt collectors, q&a

Q&A: Reverse mortgage due when borrower dies

March 21, 2016 By Liz Weston

Dear Liz: I was laid off from my job this year and decided to move in with my widowed dad in the suburban home that he and my mother purchased outright in 1989. However, over the years they apparently took out a reverse mortgage with a current balance of about $500,000 (the house was recently appraised at $680,000). When my father dies, how much longer can I live in the house? If there is little or no equity left, can I walk away from the house and let the lien holder handle the sale?

Answer: Reverse mortgages, which allow people 62 and older to tap the equity in their homes, are due and payable when the borrower dies, sells the home or moves out. You won’t be expected to vacate the premises the day after he dies, but you typically would have to leave the property within six months. You may be able to get an extension of that time if you’re selling the house or trying to get a loan to pay off the mortgage.

If there is still equity left in the home, it might make sense for you to try to sell it yourself to get the maximum value. Lenders only want to recoup what they’re owed and aren’t required to go to any extra effort to maximize the amount going to the heirs.

If the home is worth less than what’s owed, you can do a “deed in lieu of foreclosure,” which essentially allows you to hand over the keys and walk away. The good news is that you’re not on the hook. Reverse mortgages are non-recourse loans, which means that the lender can’t pursue the estate or the heirs for the balance owed.

Filed Under: Q&A, Real Estate Tagged With: mortgage, q&a, reverse mortgage

Friday’s need-to-know money news

March 18, 2016 By Liz Weston

indexToday’s top story: The lies we tell to save a little money. Also in the news: The danger of confusing personal and business expenses on your taxes, how $1,000 invested at birth could be a game changer, and five changes you need to know about this year’s taxes.

Survey: Men, Students, Parents Among Those Most Likely to Say Money Lies Are OK
The lies we tell to save a little cash.

Confusing Personal With Business On Your Taxes Can Mean IRS Penalties Or Jail
Be careful where you list those deductions.

How $1,000 Invested at Birth Could Change Everything
Could “KidSave” accounts be the answer to retirement nest eggs?

5 Changes You Must Know About Before Filing Your Taxes This Year
More than just the filing date has changed.

Filed Under: Liz's Blog Tagged With: expenses, KidSave, money lies, nest egg, Retirement, tax changes, tax deductions, Taxes, write-offs

Thursday’s need-to-know money news

March 17, 2016 By Liz Weston

interest-rates-300x225Today’s top story: How to find the best mortgage interest rate. Also in the news: How to financially prepare for a spouse’s deployment, the biggest credit card mistakes made by millennials, and where to find the best St. Patrick’s Day deals.

How to Score the Best Mortgage Interest Rate
Finding the best interest rate on a mortgage that suits your needs.

How to Plan Financially for a Spouse’s Absence
Getting your finances in order before a spouse is deployed.

The 4 biggest mistakes millennials make when it comes to credit cards
Mistakes that can have long-term consequences.

The Best St. Patrick’s Day Sales and Deals of 2016
There are deals to be found at the end of the rainbow.

Before Filing Your Taxes With IRS, Consider This
There’s such a thing as too much information.

Filed Under: Liz's Blog Tagged With: couples and money, Credit Cards, credit mistakes, deployment, interest rates, IRS, millennials and money, mortgages, real estate, St. Patrick's Day deals, Taxes

Wednesday’s need-to-know money news

March 16, 2016 By Liz Weston

refinancingToday’s top story: How to win a bidding war in a hot housing market. Also in the news: How to retire during a bear market, how to get your financial priorities straight, and how to survive an IRS audit.

6 Ways to Win a Bidding War in a Hot Housing Market
Strategies to help you come out a winner.

How to retire in a bear market
Quitting work when the market isn’t cooperating.

Is Your Money Going Where It Needs To? How To Get Your Financial Priorities Straight.
Time to get things sorted.

The IRS Audit Survival Guide
Don’t panic.

Filed Under: Liz's Blog Tagged With: audit, bear market, financial priorities, housing market, IRS, Retirement, Taxes, tips

How to Pay Bills When You Can’t Pay Your Bills

March 15, 2016 By Liz Weston

stack-of-billsWhen Bruce McClary was a housing counselor, his clients regularly showed up for appointments with grocery bags full of unopened bills.

“It wasn’t unusual. They couldn’t pay the bills, so they didn’t open them,” says McClary, who now works in public relations for the National Foundation for Credit Counseling.

Ignoring bills seems to work — at least for a while. The repo man typically won’t take your car if you’re a little late with your payment (although he can). Credit card companies and student lenders may start to call, but you can always send them to voicemail. Foreclosures can take months, if not years, depending on where you live.

In my latest for NerdWallet, how to put a plan together when the money you have just isn’t enough.

Filed Under: Liz's Blog Tagged With: bill payments, bills, debt collectors, tips

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