Archive for August, 2009

I know we’re all pinched for money right now; but that's no excuse to skimp on gratuities for the people serving us.

For those of us who aren’t in an industry that involves receiving tips, here are some basics about tipping – and how you can budget it into your life.

The Custom of Tipping

Here’s how you can avoid a tipping faux pas when you’re out.

  • Do your homework. If you’re eating out somewhere other than your hometown, make sure you know what’s considered a standard tipping amount there. In general, for restaurant service, 15 % is considered standard. Good service deserves 20 %.
  • Count it beforehand. The Internet can be your best friend when you’re planning a dinner out: you can check out consumer reviews, menus and even prices. This means there’s no excuse to be taken off-guard by the price of your bill – and use that surprise as a reason not to tip.
  • Go somewhere cheaper if you can’t afford to tip. Many of us are cutting or trimming luxuries from our budgets. If you enjoy eating out but don’t think you can afford to tip anymore, eat at restaurants like Panera, where you can have a sit-down meal without being served.

Consider the Big Picture

Although you may be stretching your entertainment budget further these days, remember that you’re not alone.

Many hospitality industries (like hotels and restaurants) have had to cut employees’ hours or reduce their pay to save money.

The people serving you may be making less money than ever, and your skimping on a tip would only worsen that situation.

Who Gets What?

In case this is starting to sound too much like a lecture, let me mention that I realize some people don’t tip (or don’t tip enough) because they aren’t sure who expects a tip and who does not.

This tipping Web site can help: it lists standard tipping rates for most services in the U.S.

Bottom Line: Show your appreciation to those who are working hard to make sure you are enjoying yourself. (Also, paying it forward can lead to good karma!) You don't run the risk of filing bankruptcy if you tip reasonably.

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A new survey by the Consumer Federation of America and two other consumer protection groups shows that consumer complaints about debt collection are growing at the same time that resources available to address these complaints are diminishing.

The Findings: Complaints Increase, Funds Shrink

The survey, which examined 34 state, city and county agencies from 19 states, found these troubling trends:

  • More complaints: 62 % of agencies reported more complaints in the past year than in previous years
  • Cash crunch: 47 % reported recent budget cuts and one agency was completely shut down due to lack of funding
  • Less hurting more: 50 % reported that small-dollar amount complaints were up last year, suggesting that the economy has made consumers more likely to report minor problems
  • Debt collection complaints soar: This was the fastest-growing category of consumer complaints
  • Mortgage woes continue: Foreclosure rescue scams and other mortgage-related problems stood out as the most egregious of consumer complaints
  • Money problems abound: The majority of agencies cited funding shortages as the biggest challenge they faced

Economy Primed for Scams?

The CFA’s analysis of the survey suggests that the increased consumer complaints are no surprise in the current economy – when everybody’s strapped for cash, people will be more aggressive to collect what they can from others.

Keeping Yourself Away from Scams and Debt Collectors

The CFA offers tips for decreasing your odds of being victimized by a debt collection or other scam.

  1. Know your seller. When buying from a new business, check its status with your local Better Business Bureau www.bbb.org.
  2. Check licenses. Before hiring an individual, find out about licensing requirements in your state and how to determine whether a person has met them.
  3. Pay safely. If you’re required to put money down for something you’ll receive in the future, use a credit card rather than cash or a debit card – that way, you can dispute charges if necessary.
  4. Don’t pay in full up front. Putting down a deposit is normal for services to be rendered in the future – paying in full is not.
  5. Watch out for scams. Any offer involving money transfers, check cashing, upfront money demands or other promises that seem too good to be true are likely fraudulent. Don’t get involved.
  6. Read your contracts. Make sure any verbal promises you get appear in writing as well, and make sure you understand what’s in anything you sign.
  7. Know where to go for help. Nonprofit, community-based credit counseling services are available across the country. Seek one out on the web or from a trusted source if you need help.
  8. Trust your instincts. If you suspect foul play, back up and get some trusted advice.

Additional Resources
Consumer Federation of America, National Association of Consumer Agency Administrators & North American Consumer Protection Investigators: 2008 Consumer Complaint Survey Report

Learn how filing bankruptcy can help you avoid foreclosure and debt collector harassment.

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With conversations swaying toward the July decrease in unemployment numbers and the excitement over the prospect of a teeter toward recovery, there is one major aspect to our current financial plight that's lacking in coverage: foreclosure.

When foreclosure is brought up, it's mostly talked about as though we have rode the first and mightiest of the waves and are settled into a set of less fierce waves of foreclosures, offering conjecture that the mend has begun.

Foreclosures Are Still a Top Issue

However, that might not be all that accurate of an assumption.

In fact, there are still many experts out there who believe we're just riding the first wave of the foreclosure epidemic.

Second Wave to Come?

Of the assumption of a ‘second wave’, Matt Padilla from the O.C. Register has a tone of indignation which might actually surmise the thoughts of most experts in the field: “To say there is a second wave implies the (current) wave has receded.”

Conceding to the same thought is Sam Khater, senior economist, First American CoreLogic, “I don’t see that the wave has receded.”

Some Foreclosure Prevention Measures Have Helped

Although Khater concedes to the fact that federal and state efforts have acted in delaying a relevant amount of foreclosures, he is vehement in asserting that these efforts only “prevented a few”.

More simply, it seems by all the true indicators that our foreclosure situation isn’t in the midst of a second wave but more in the spray of one giant one.

Another trusted economist and famed blogger who is not buying into the “second wave” theory is Barry Ritholtz.

Geographic Foreclosure Stats

In July, Ritholtz’s shows in his blog The Big Picture, a graph of staggering proportion. Wherein he examines the findings and offers that of all 50 states within the U.S, in the month of June, three of them (California, Florida, Nevada) account for nearly half of the country’s foreclosure-related activity.

To that fact, Ritholtz observes that the top 10 states accounted for 75% of all foreclosures for the month of June.

So if you are a resident of California or Florida you may not be so quick to agree with a second wave entering as much as you would the tsunami which has riveted your state.

Of course, those who would argue against these findings would say that the reason why California and Florida are at the top of the list and still climbing are because they are the top two states from the housing boom of the 90’s and early 2000.

While this may be accurate, it still does not negate the fact that foreclosures are in a perpetual rise.

Acquire additional information about bankruptcy and foreclosure.

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Is the economy on the mend or is it spurting with a moment of promise to only fall back again?

Only history will tell us; but, in a sign of resurgence and promise last Friday, ABCnews.com released a story highlighting the drop in unemployment with the headline: “247,000 Jobs Lost in July as Unemployment Rate Drops to 9.4%; Much Better Result Than Anticipated”.

A Drop in Unemployment Numbers is Good, Right?

By all accounts this a triumphant moment. A time to take a deep breath, break into a smile, and feel resolved that things are getting better.

After all, reports indicate that employers cut the fewest amount of jobs in almost a year- 247,000 jobs in July.

This emboldens third quarter forecasts of substantial stability and recovery for our tired economy.

The Reality of Unemployment Today

Superficially, it seems this is a bright star of hope offering those in need of a glimmer of hope that moment of comfort.

Or, it may be a veiled attempt to shed light on an otherwise dark moment in our history?

After all, in counterpoint to the recent report there are some economists who feel that the numbers were distorted by an atypical spell of job additions within the automobile industry; done so to restart production a month earlier than originally projected.

Then there is the fact that of the originally projected 325,000 jobs lost, in July we as a nation lost only 247,000 of our payroll jobs--the least recorded since last August.

Moving in the Right Direction... but...

Another upside to the promising figures is of those within the industries of manufacturing, finance and professional services their job cuts were substantially smaller than expected.

In a statement of stern encouragement UBS economist Jim O'Sullivan offers:

"It's almost an average recession number, but coming from a deep recession, we're at least moving in the right direction. You have actually seen a turning point."

Similarly, offering encouragement President Obama commented on the recent report during a brief statement at the White House by saying:

"Today, we're pointed in the right direction ... while we've rescued our economy from catastrophe; we've also begun to build a new foundation for growth."

...This is Conditional Economic Growth

This may seem as further proof to recovery substantiated by our President, but then there is the fact that Presidential Spokesman Robert Gibbs added later by inserting a condition to the Presidents positive tones:

"At the same time, [Obama] still believes the unemployment rate, which is a lagging indicator, will hit 10% later this year."

Consider that the reported number of unemployed workers who find themselves out of work 6 months or more rose from 29% to 33.8%, and the average period of unemployment moved from 24.5 weeks to 25.1, times may not be on the mend as much as the President would like to admit.

Headlines Don't Matter To Many

For the nearly 14.5 million Americans who found themselves out of work in the month of July, the recent headline by ABCNEWS may not find as much celebration.

Many who have lost their jobs are struggling to keep afloat or filing bankruptcy as a way to try to keep their heads above water.

In searching for some clarity it is beneficial to provide accurate findings which paint a picture of reality, rather than projected optimism.

Reality: the nation’s underemployment rate, the figure which includes the unemployed, people working part-time even though they want full-time work, and those who stopped looking for work, dropped from 16.5% to 16.3%.

More promising news is that the report indicated that America’s average work week rose incrementally from a record low of 33 hours to 33.1 hours.

Additionally, our average hourly wages rose to $18.56 from $18.53 in July.

Further reality: even with the spurt of increased jobs primarily aided from the automakers increase, many economists feel job losses could return to higher levels in August.

The reason for this being that automakers won't have their regular job additions and some employers will cut their staff in reaction to a recent increase in the federal minimum wage.

However, what might be the most relevant sign of recovery, one which should substantiate a promising outlook as we turn the corner towards the end of 2009, is the fact that the temporary services industry saw rapid and severe improvement from the month before.

In a staggering cut to the average, temporary service jobs reduced merely 10,000 jobs as opposed to the 37,000 jobs from the previous month.

Drop is Good News-- But "Manageable Unemployment" Not Coming Until 2013?

However, as in life when there is good there is bad. For there to be light there must be dark.

With all the brilliant news of recovery and a restoration to a nation of promise and financial dominance, there is the fact which underscores a reticence of excitement.

To restore the national unemployment rate to the manageable rate of just 5%, economists feel this won’t happen until 2013, a scary notion for the masses of unemployed workers whose compiling debt is blind to promise and hope.

Job Loss and Bankruptcy Information

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As you may already know, credit card companies are responding to the recent passage of the Credit Cardholders’ Bill of Rights by slashing limits, raising interest rates and even closing cards for many customers.

Here’s what you can do if one of your card issuers gives your account the ax (or even the pruning shears).

Ask the Right Questions on the Phone

The most important thing to remember is that you don’t have to take changes to your credit lying down.

As soon as you notice altered terms on one of your cards, take action:

  • Do your homework. Before calling the credit card company, make sure you know as much as you can about your account: how long it’s been active, your former and current limits, your former and current interest rates, your balance. You’ll be better able to negotiate when you prove yourself knowledgeable about your circumstances.
  • Look outside the box for solutions. Be sure to visit www.annualcreditreport.com to get a copy of your credit report before calling. Inaccuracies on your report could lead to changes in your credit card terms and other problems. Take steps to correct any mistakes you find.
  • Get an explanation. When you call your card issuer, ask for the reasons your account was altered. Common reasons include account inactivity, increased credit risk or diminished profitability – regardless, you have a right to know why your terms have changed.
  • Show off what you know. Here’s where all your work will come into play: if you’re in good standing with the company, emphasize that and your other positive credit action (as displayed on your credit report).
  • Bargain. If your issuer is willing to raise your limit OR lower your interest rate, be ready to accept the compromise. A lower interest rate will likely be best for those who carry a balance; a higher limit may work well for those who pay in full each month.
  • Push it a little. If the representative you’re speaking with won’t budge, ask to talk to a supervisor – as long as you have a reasonable case to support your request.

A bankruptcy attorney may help advise you in your credit situation.

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Sunday, August 9th, 2009

Why So Few Home Loans Have Been Modified

Since the collapse of the housing market in late 2007, leaders, policymakers and financial experts have been looking for a solution to the nation’s mortgage-based financial woes.

Despite economic incentives from the federal government, though, few mortgage lenders have offered the loan modifications necessary to keep borrowers away from foreclosure.

This New York Times home loan article details why. In brief, here’s what’s going on:

  • As part of recovery efforts, the Obama administration implemented a $75 billion program to reward lenders who modify troublesome home loans. The program essentially distributes $4,000 to lenders for each modified loan over a four-year period.
  • According to a report from the Federal Reserve Bank of Boston, though, only about 3% of seriously delinquent loans have been modified in the foreclosure crisis. The reason? Banks and mortgage lenders can collect fees on delinquent loans. After a home goes into foreclosure and is sold at auction, the mortgage company can collect fees from the proceeds for insurance, legal services, title searches and appraisals.

Interests of Lenders & Borrowers at Odds

Though bank officials and others involved in making mortgage loans have reportedly denied that they would act solely for profits, evidence seems to point toward just such behavior.

While most borrowers – and the housing market in general – would benefit from modified loans, many lenders stand to lose money from stopping foreclosure.

This trouble in home lending is really just the most recent manifestation of the system that allowed the market to get so out of control – and to collapse so heavily – in the first place. Here’s what happens:

  1. A borrower takes out a mortgage loan and agrees to pay a certain amount of interest.
  2. The loan is put into a pool of loans, divided and sold to investors in pieces.
  3. Every time a borrower makes a payment, some of the interest goes to each investor who “owns” part of the debt.
  4. Loan servicers, who act as middlemen in this process, collect service fees every time they have to service the loan in some way (e.g. by assessing late fees).
  5. Servicers acting in their best interest, then, often prefer to limit loan modifications and milk late and delinquent loans for fees.

Additional Resources

Why Don’t Lenders Renegotiate More Mortgages?

American Recovery and Reinvestment Act of 2009

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The Better Business Bureau has recently warned about a door-to-door magazine sales scam affecting many areas of the country.

What You’ll See

The report indicates that the scam includes these elements:

  • High-school and college-age individuals traveling around neighborhoods offering subscriptions to various magazines.
  • High pressure or misleading sales pitches, which may include the assertion that the seller is trying to raise money for a school trip, a charity or for troops in Iraq.
  • Failure to deliver any magazines after the transaction is completed.

The BBB has reportedly received 1,100 complaints about such scams and has identified the companies Trinity Public Relations, Seedtime and Prestige Sales, LLC as involved with similar scams.

What to Do

If a door-to-door magazine salesperson entices you to purchase a subscription, act with caution.

Luckily, the BBB has several consumer protections in place to make sure you aren’t bilked out of hundreds of dollars:

  • Before writing a check or completing a magazine subscription form, you can check out the business in question for free at the BBB's Web site.
  • Thanks to the Fair Trade Commission’s three-day cooling-off rule, you can cancel purchases over $25 that you made at your home or a place other than the seller’s permanent business location within three days. Your receipt should come with a cancellation form, which you can fill out and return to the vendor. You should get a refund within 10 days of the company’s receipt of your cancellation notice.
  • If you think you’ve been victimized and you’re past the cooling-off period, consider filling out a complaint at the BBB’s Web site, which could prompt an investigation.
  • Know that some door-to-door companies already have “F” grades from the BBB. These include Omni Horizons Inc., Greater Image, Inc., True Visions Inc. and Fresh Start Opportunities.

And don’t think that your complaint won’t matter – the BBB takes such matters seriously.

It has found, too, that besides engaging in deceptive selling practices, some of the companies were mistreating their student workers by withholding wages, forcing them to work long hours and causing substandard living conditions.

--Has a scam resulted in you going broke? Consider the bankruptcy option.

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The Department of Labor reported that the weekly unemployment insurance claims fell from 588,000 to 550,000 in one week.

That means 38,000 people either did not claim unemployment or they found a job.

What Jobs Mean to Our Economy

If 38,000 people actually found work last week, that would be equal to the entire town of Coppell, Texas now gainfully employed or the entire student population of New York University.

If these same 38,000 people made the national average wage index, then that would be 38,000 people now earning $40,405.48 per year.

If these 38,000 newly employed people then spent $5 a day for lunch at McDonald’s for the entire work week then that is $950,000 spent to bolster the economy

(By the way, $950,000 is a little less than what two Wall Street Executives are now allowed to earn under the current administration.)

Or, $950,000 can purchase 237,500 Happy Meals at McDonald’s, in turn supporting the 18 vendors and 30 employees (on average) which are needed to support one McDonald’s restaurant.

If there are approximately 8,600 McDonald’s restaurants in the country then that is 258,000 people and 154,800 additional businesses positively affected by the 38,000 people who found work last week.

These hypothetical figures show that every job counts toward stimulating the economy.

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Judge Sonia Sotomayor made history today when she fully approved by congress to serve on the US Supreme Court.

Judge Sotomayor will become the first Hispanic and only the third woman to ever serve on the country's highest court.

Her legacy and impact on the court have yet to be determined, but it's possible that she could play a role in reshaping bankruptcy laws.

As bankruptcy rates for July hit their highest mark since reform laws were passed it's possible that new laws or challenges to laws could come before congress or the highest court.

If new laws might impact banks, credit card companies or other powerful, moneyed interests, it's certainly plausible that their might be objections or challenges.

Likewise, there may other actions involving subprime mortgages, Sen. Dick Durbin's proposed bill that would give judges power to modify mortgages or laws that limit predatory lending.

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When a dear family member dies, the last thing you want to think about is money – unfortunately, financial problems arise sometimes.

Besides funeral and burial costs, you may be forced to deal with the unpleasant question of financial obligations your loved one left unpaid.

Here’s what you need to know.

Protection from the Fair Trade Commission

The law that protects you from a family member’s debts is called the Fair Debt Collection Practices Act and is enforced by the FTC, a government consumer protection agency. Basically, the law outlines the following terms.

  • Who’s responsible for debts after death? In most cases, payment of any debts comes from the deceased’s estate. If money from the estate is insufficient to cover debts, they usually remain unpaid.
  • Is there a legal obligation to pay remaining debts? Most relatives are not legally required to pay debts. You may be obligated to cover debts left by a spouse; however, responsibility is often limited by state law. A bankruptcy lawyer in your state may help you learn more about state law and debt.
  • What should I do if debt collectors try to make me pay? First of all, don’t give out any of your personal information (SSN, bank account numbers, etc.). Some con artists stalk the obituaries and pose as debt collectors as a way to steal identities and money. Instead, direct the collector to the deceased’s representative (an executor of a will or an administrator).
  • Can I ignore debt collectors who contact me about debts? Technically, you can. But if you’re representing the deceased or otherwise responsible for his debts, you may want to negotiate with the collector to see if you can work out an arrangement.
  • How can I stop a creditor from contacting me? Write a letter to the collector asking her to stop attempting to collect the debt. Copy the letter and send it by certified mail so you’ll get a receipt when it arrives. After the creditor has received your letter, she can only contact you for two reasons: to announce a specific action (like a lawsuit) or to announce the end of collection attempts.
  • Can creditors tell others about a relative’s debt? Unless the creditor needs contact information for the representative of the deceased, he is generally prohibited from telling anyone besides a spouse, parent or guardian.

Learn more about filing bankruptcy and stoping creditor harassment.

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