Ask Liz Weston

Get smart with your money

Credit & Debt

Soon-to-be ex wants cash-out refinance

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Dear Liz: My soon-to-be ex wants to refinance our mortgage to pay for renovations so we can sell it for more money. He also wants to take out some cash to pay off unsecured loans. (I have $11,000 in credit card debt, and he has over $50,000.) The house recently appraised for $310,000 and we owe $158,000 on it. Is it wise to refinance in this circumstance?

Answer: A cash-out refinance would be a risky maneuver even if you intended to stay married. Renovations rarely boost a home sale price enough to cover their cost. Also, home equity that’s used to pay off credit card bills is often wasted, since the borrower never fixes the problem that led to overspending in the first place and simply runs up more debt. Since he would be getting the bulk of the benefit by having more of his debt paid off, you also would need to adjust the rest of your property settlement.

Often, the best and easiest solution in a divorce is to simply sell the house. You certainly wouldn’t want to remain on a mortgage with an ex after the divorce was final, if you could possibly avoid it. A good divorce attorney can give you advice about how to proceed from here.

Government recoups defaulted student loan debt

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Dear Liz: I read your response to the person questioning the rationale behind taxpayer-supported federal student loans. Your response was well written, but do you have any information about how much money is owed to the government for student loans and what percentage of all the loans are actually paid back in full? You mentioned that the government can garnish wages and Social Security checks and seize tax refunds, but does the government follow through and hold these people accountable? Does the government have personnel to do this or is this just a threat?

Answer: Millions of unhappy student loan borrowers can assure you the government’s considerable powers to collect defaulted student loans are much more than a threat. In addition to its own collection activities, the U.S. Department of Education also hires a number of private collection agencies to help recoup what’s owed.

As a result, the government collects more than 100 cents on every defaulted dollar once accumulated interest and penalties are included, according to the Education Department’s most recent report. On a net present value basis — when future collections are discounted back to today’s dollars — the government recovers about 80% of the defaulted debt.

Decades ago, it was possible to skip out on federal student loan debt without serious consequences. Public outrage over that fact led to much stronger collection efforts. That has resulted in the federal government recovering about $10 billion in defaulted student loan debt every year, said Mark Kantrowitz, publisher of the FinAid.org and FastWeb financial aid sites.

Low car loan rate could have been lower

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Dear Liz: I recently bought a new car, and the dealer, after running a credit check, told me my Experian score was 783. I have had only credit cards and no loans. This is my first auto loan. They gave me a 3.5% interest rate and I took it reluctantly. I do not like the rate and the need to pay huge interest over time, and am considering paying off the loan as soon as possible as there are no pre-payment penalties. If I am able to pay off my loan in a couple of months (instead of the original five-year loan term), will this improve or adversely affect my credit score? How will this look in the eyes of future lenders?

Answer: Paying off debt is a good thing, both for your credit scores and your wallet. The leading FICO credit scoring formula likes to see a big gap between your available credit and the amount you’re using. This is particularly true with revolving accounts, such as credit cards, but your scores also get a boost from paying down installment debt, such as auto loans and mortgages.

By the way, a 3.5% rate isn’t bad and wouldn’t cause you to pay “huge” interest. But you probably would have gotten a better rate had you arranged your financing in advance, say with a local credit union. If the dealership then offered you a better deal, you could cancel your application with the credit union. As it was, you left yourself at the mercy of the dealer — not a good idea.

Once you get this loan paid off, consider making the same-sized payments to a savings account so you can pay cash for your next car. If you do decide to finance again, try to keep your loan term to three or four years. That will help ensure you don’t buy more car than you can afford and could prevent you from being “upside down” (owing more than the car is worth) for much of the loan term, as is often the case with longer loans.

Don’t use your 401(k) to pay debt

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Dear Liz: I will be 61 in December. I have $15,000 in credit card debt at 9.9% and $41,000 in a certificate of deposit earning 3% per year. I have $590,000 in my 401(k) account. I want to pay off the credit card balance to redirect my income to paying off my $26,000 mortgage by the end of 2013. Which near-term option for paying off the credit card is better: close the CD and buy a new, lower-paying CD with the balance after paying the card off, or take a 401(k) distribution, leaving the $41,000 emergency fund untouched?

Answer: Since you’re older than 591/2, you would not have to pay penalties on any withdrawal from your 401(k). But a withdrawal would still be a bad idea for a number of reasons.

The most obvious is that you would have to pay taxes on any amount you take out. Typically 20% is withheld from any distribution, but your bill could well be higher depending on your federal and state tax brackets. In the 25% federal and 8% state brackets, you’d owe $3,750 in federal and $1,200 in state taxes on a $15,000 withdrawal. So even without penalties, you’d lose one-third of a withdrawal to taxes.

The money you take out also wouldn’t be able to earn any future tax-deferred returns for you. At 60, you have a life expectancy of a couple more decades. The money you plan to withdraw potentially could grow to more than $70,000, assuming 8% average annual returns, if you leave it alone.

So using 401(k) money to pay debt is almost as dumb for you as it would be for a younger person who would pay penalties and incur an even bigger potential loss of future tax-deferred money.

Use the CD money instead, and change your spending habits so you don’t incur any future credit card debt.

Selling home could ease student loan burden

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Dear Liz: Your answer to the parents with $200,000 in student loans for their daughters’ educations was interesting — and cautionary. I wonder, since they mentioned refinancing their home, why not explore using their equity by selling the home and renting?

Depending on the amount they have in the home, they might be able to fund more retirement as well as reduce the loan balance. Also depending on the size of the mortgage, they might be able to rent for the same monthly amount or less. Presumably, their house was big enough for four, but now they could “live well with less.” And be more flexible.

Answer: The writer did mention getting a new mortgage, but didn’t say whether it was a refinance or a modification, or whether the couple had any equity in the home. Although a conventional refinance requires considerable equity, a mortgage modification or a refinance made through the government’s HARP program would not require that they owe less than the house is worth.

If they do have equity, it would be worth considering using at least some of it to alleviate their debt burden and supplement their retirement funds. If they don’t have equity, selling the house might still be an option if they could substantially reduce their living costs. Given that their income plunged by more than half, they would be smart to cut their expenses as far as possible to free up money to save for retirement and pay their debts. Taking such a big step down in their lifestyle might be painful, but it’s often to better to do so now rather than risk being old and broke.

Parents trapped by huge student loan debt

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Dear Liz: My husband and I took out more than $200,000 in federal parent PLUS loans to pay for our two daughters’ college educations. My husband earned over $300,000 when the loans were made. Since then, he lost his job and now makes $100,000. I went back to work and earn $35,000. We finally succeeded in getting a more affordable mortgage, but we are taking about $3,000 out of our savings each month to pay the bills.

My husband handles the finances and says that even if we could lower our loan payments, it wouldn’t matter because we still have to pay forever. He can’t even think about retiring. We do have a financial advisor, but I’m very concerned and wonder whether we should be using our savings this way. What are our options?

(P.S. Our girls both graduated, although one doesn’t have a great job and the other is still looking for work.)

Answer: Parent PLUS loans can, in moderation, help families pay for their children’s college educations. The key phrase there is “in moderation.” Even at your former income level, taking on so much debt for your children’s educations was ill-advised.

You don’t have a lot of options, unfortunately. As you probably know, this debt typically can’t be erased in Bankruptcy Court. If you stop paying, the government can take your federal and state tax refunds, garnish up to 15% of any Social Security benefit payments and ruin your credit, said Mark Kantrowitz, publisher of the FinAid and Fastweb financial aid sites.

“The government can also sue defaulted borrowers to recover the debt if they believe the borrower has sufficient funds to repay,” Kantrowitz said.

Ideally, you wouldn’t have borrowed more than you could have paid off before retirement (while still being able to contribute to your retirement savings). Since that’s not the case, your best strategy may be to simply get the payments as low as you can and resign yourself to paying this bill, perhaps until you die. (PLUS loans are canceled when the borrower dies and are not charged against the borrower’s estate, Kantrowitz said.)

As you suspect, it’s not a good idea to dip into savings to pay your monthly bills, especially when you’re doing so in the vague hope that things will get better rather than in the face of concrete evidence that they will.

There are several ways of stretching out the term of the loan to reduce your payments. One is using all available deferments and forbearances to suspend repayment for a few years. Then you could use an extended repayment plan to stretch out the loan term to 30 years.

Normally you wouldn’t want to take deferments and forbearances because interest continues to accrue, digging you into a deeper hole, Kantrowitz said. “But if the goal is to reduce the burden of the monthly payments and not ever fully repay the debt, it can be a workable strategy,” he said.

Another possible option for some families is an income-contingent repayment plan. Parent PLUS loans aren’t eligible for the more favorable income-based repayment plan, but income-contingent plans could lower your payments to 20% of your discretionary income, with the balance of the loans forgiven after 25 years of repayment. Discretionary income in this case is the amount of your income over the poverty line.

To qualify, you’d need to consolidate your Parental PLUS loans into a Direct Loan consolidation loan. You can find out more at http://www.loanconsolidation.ed.gov. Given your current income, though, you may be better off with the extended repayment plan.