Ask Liz Weston

Get smart with your money

Credit & Debt

Q&A: How to find your way out of difficult financial circumstances

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Dear Liz: I desperately need your help! My husband, who is 91, is in the early stages of dementia. I just turned 88 and for the first time am responsible for making all the financial decisions.

We are deeply in debt and I don’t know the best way to proceed. We owe more than $40,000 on credit cards, nearly $50,000 on a home equity loan, $20,000 on solar panels and $3,500 for a timeshare.

I am thinking of getting a low-interest mortgage on our home to pay off all these debts. We have no savings left. I just don’t know if this is a good idea or who to go to for answers.

Answer: If you have a younger family member or friend you trust, please consider involving this person in your search for answers. The possible solutions you need to consider are complex and would be daunting even for someone with a lot of experience in making financial decisions.

Getting a mortgage could be one solution, assuming you can get approved and afford the payments. Start by consulting a mortgage loan officer at your bank to see if this is an option.

Another possibility is a reverse mortgage, if you have sufficient home equity. The reverse mortgage could allow you to pay off some or all of your debts without having to make monthly payments. If you have substantial equity, you also may be able to supplement your income.

The reverse mortgage would have to be paid when you sold the home, died or moved out. A housing counselor, available from many National Foundation for Credit Counseling agencies, can discuss those with you. You can get referrals at www.nfcc.org.

Bankruptcy is yet another option to consider.

If your income is below the median for your area, you may be able to file for Chapter 7 bankruptcy liquidation to legally rid yourself of the credit card debt and timeshare. You also may be able to erase the solar panel loan, if it’s unsecured. If you have a lot of equity in your home, though, you could be forced to sell the house to pay your creditors, making Chapter 7 a bad option.

The other type of bankruptcy, Chapter 13, allows you to keep more property but requires a repayment plan that typically lasts for five years.

If you don’t have a lot of equity, on the other hand, and your income is protected from creditors, you may be “judgment proof.” That means if you stop paying your unsecured debts, your creditors could sue you but be unable to collect. An experienced bankruptcy attorney can assess your situation and let you know your options.

Referrals are available from the National Assn. of Consumer Bankruptcy Attorneys, www.nacba.org.

If you don’t have a trusted person to help you sort through your options, or even if you do, consider hiring a fee-only planner who charges by the hour. An experienced planner who agrees to be a fiduciary — which means he or she puts your best interests first — can help ease your mind that you’re making the right choice.

You can get referrals from the Garrett Planning Network, www.garrettplanningnetwork.com.

Q&A: Here’s how to find that annual free credit report

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Dear Liz: Please tell me the website for the free credit check. At a department store checkout counter, a stranger’s name came up connected to my cellphone number. I think I should check my credit reports, but I don’t want to pay for what I understand I can get free.

Answer: It’s entirely possible a clerk simply made a mistake in entering another customer’s phone number. But you should be checking your credit reports regularly anyway, and this is as good an excuse to do so as any. The federally mandated free site can be found at www.annualcreditreport.com. Searching for “free credit reports” can turn up a number of other sites, so make sure you use the correct one.

Q&A: Debt settlement vs. filing for bankruptcy: Pros and cons

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Dear Liz: I owe a credit card company about $16,900. I have not been able to make payments for almost two years and have no money. They recently sent me a proposal to pay off the entire amount at 30 cents on the dollar by making 24 payments of a little over $200 per month. I’m concerned they can then resell the unpaid amount to a debt collector and that it really isn’t a solution for the entire debt to be extinguished, even if I agree to their proposal. Am I right?

Answer: In the past, poor record-keeping and unethical behavior meant some debt buyers routinely re-sold debts that were supposed to be settled. While that can still happen, it’s less likely, especially if you’re dealing with the original creditor or a company that’s collecting on the creditor’s behalf, rather than a company that purchased an older debt.

You’ve been offered a pretty good deal, says Michael Bovee, president of debt settlement company Consumer Recovery Network. Typically debts are settled for 40 to 50 cents on the dollar.

That doesn’t mean you should take it, necessarily. You have to be able to make the payments to get the debt settled, for one thing. Also, any debt that’s forgiven can be treated as income to you. The creditor will send you (and the IRS) a Form 1099-C showing the forgiven amount and you’ll typically owe income taxes on that amount unless you’re insolvent. If you’re in the 25% tax bracket, that would add roughly $3,000 to the cost of settling this debt.

Many people who can’t pay what they owe are better off skipping debt settlement and filing for Chapter 7 bankruptcy, which erases credit card balances, medical bills, personal loans and many other unsecured debts in three to four months. Chapter 7 typically has a bigger impact on your credit scores than debt settlement, but it legally erases the debts and prevents creditors from filing lawsuits against you. If you try to repay this debt and fail, or if you continue simply ignoring it, you could get sued.

You can get a referral to an experienced attorney from the National Assn. of Consumer Bankruptcy Attorneys at www.nacba.org. Discuss your situation and your options before you decide how to proceed.

Q&A: Your debt lives even after you die

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Dear Liz: I live in a senior building and we had a discussion about our debt after we pass away. I said, “If we have any money in our estate, that will pay it off.” One woman who lives here claims that all you have to do is send in a copy of a death certificate and that will get rid of any debt. Hope you can settle this for us.

Answer: Debt doesn’t just disappear when someone dies. Whether and what creditors get paid, though, depends on a lot of factors.

After someone dies, the executor of the estate (or the personal representative, if the deceased had a living trust) is supposed to notify creditors of the death. The first bills to be paid usually are the costs of administering the estate, followed by secured debt such as mortgages, liens and so on, then the funeral and burial expenses, says Los Angeles estate planning attorney Andrew Steenbock. Next in line typically are medical bills from the final illness and the dead person’s last tax bill. Then other creditors are paid from what’s left, if anything. Only after creditors are paid can any remaining assets be distributed according to the will, trust or state law if there are no estate planning documents. If the estate is insolvent — with more debt than assets to pay those debts — then heirs typically get nothing and the creditors are paid a portionate amount of whatever assets are available.

Things can get more complicated if there is a surviving spouse or co-signer, since debt that’s jointly owed would become the survivor’s problem.

Ignoring these rules can have serious repercussions for the executor, who can become personally liable for mistakes made in settling an estate. If your neighbor’s executor ignores state law and distributes assets to heirs before paying off creditors, for example, the creditors could sue the executor. That’s a pretty powerful incentive for learning and obeying those rules.

Q&A: Debt has a habit of hanging around

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Dear Liz: Last year my dad had an account he couldn’t pay and it is showing up on his credit report as a closed, charged-off account. As expected, the lender sold it to another company. The new company now also has it listed as an open account in collection on his credit report. How can the same account be listed twice? I thought the second company couldn’t report it.

Answer: That’s not correct. Once the debt was charged off and turned over to collections, it could be reported again as a collection account. If the original account still shows a balance owed or more than one collection shows up for the same debt, however, your dad should definitely dispute it and file a complaint with the Consumer Financial Protection Bureau.

Q&A: How long will a tax lien linger on a credit report?

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Dear Liz: You wrote an article about how the credit bureaus are removing civil judgments and tax liens from people’s credit reports. I’ve been denied credit due to a few tax liens. Creditors won’t negotiate, even though the IRS has already deemed me unable to pay due to my disability. (I’m receiving Social Security disability income.) My question now is, how can I be sure it is being removed? Do I need to call the bureaus? Order another credit report?

Answer: Your unpaid tax liens may disappear, or they may not.

Starting in July, Equifax, Experian and TransUnion began removing liens and judgments when those records lack enough personally identifying information to ensure that the negative marks wind up on the right people’s reports. Another new requirement is that the records be properly updated, so that accounts that have been paid or resolved aren’t still showing as unpaid.

The error rate for these records was high, leading to many complaints, disputes and lawsuits. The bureaus expect to purge virtually all civil judgments but only about half of the tax liens.

If your liens aren’t purged and you can’t pay them, you may have to wait a while for them to fall off your credit reports. Paid liens are subject to the seven-year limit on how long most negative items can appear on credit reports. Unpaid liens can technically remain indefinitely, although the bureaus typically remove them after 10 years.