Archive for October, 2009

Guest Author: Peter Gomes

The real estate sector received a jolt when the sub-prime mortgage crisis eroded the US economy. The mortgage market was in doldrums and the upheaval so great that the government had to intervene with its series of mortgage bailout programs.

Consumers bankruptcy filings increased, and so did the number of foreclosures. Many Americans considering bankruptcy filing received more information on bankruptcy by connencting with a bankruptcy attorney.

The Obama Administration introduced a series of mortgage bailout programs to assist homeowners facing foreclosure. The program, known as the Making Home Affordable Plan, was expected to help as many as 7 million to 9 million homeowners. However, due to few limitations, the program has yet to help as many homeowners as anticipated.

There is a vicious cycle of debt that has led to the recession, which has affected consumer spending as well as investor sentiment.

In the easy-credit boom, people started using their credit cards even for making payments for grocery shopping and for utility bills. As employers went on a cost cutting and job cutting spree, it became difficult for consumers to make ends meet.

For consumers considering filing bankruptcy, it can be Chapter 7 bankruptcy or Chapter 13 bankruptcy. In Chapter 7 bankruptcy, a court-appointed trustee will liquidate your non-exempt assets so that the proceeds can help in paying off creditors. As per the new federal bankruptcy laws, certain changes have been introduced. The prominent ones are Means test and credit counseling.

If you are planning to file Chapter 7 bankruptcy, you have to find out if you qualify for the same by taking the Means test. Consumers also must take a credit counseling session prior to filing bankruptcy.

In case of Chapter 13 bankruptcy, you are given a repayment schedule according to which you are expected to make payments to your creditors.

In either bankruptcy chapter, there is one advantage of filing: an Automatic Stay or Order for Relief that prevents creditors from coming after you for their dues.

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Wednesday, October 28th, 2009

GMAC May Get Third Bailout

GMAC Financial Services,the former financing arm of General Motors Corp., may be in talks with the U.S. Treasury to receive a third financial lifeline, according to the Wall Street Journal.

GMAC has received $12.5 billion in bailout funds since December, 2008, and could receive an additional $2.8 billion to $5.6 billion in a third injection.

As part of the initial bailout, GMAC, which finances three-fourths of General Motors car loans and provides mortgages, insurance and other services, transformed into a bank holding company, which enabled it to receive Treasury aid. After the May, 2009 bailout, the U.S. government became the majority shareholder in the company.

Because GMAC backs so many new auto loans, it plays a vital role in revitalizing the auto industry, in which the government has already invested $25 billion.

General Motors, which filed bankruptcy this year, began selling off its interest in GMAC in 2006. The automaker maintained a small interest in GMAC before transferring many of its assets to the "new GM" as part is its Chapter 11 filing.

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A recent auction of foreclosed and abandoned properties in and around Detroit, Michigan, saw only one-in-five properties sold—despite an opening bid of only $500.

Almost 9,000 homes and lots were on the auction block at the Wayne County tax auction, according to Reuters, with a total land area almost the size of Boston. At the end of the four-day auction, less than 1,800 properties were sold.

The auction was held by Wayne County to recoup unpaid property taxes, many for homes that had been abandoned or foreclosed.

With unemployment over 27 percent, Detroit is by far one of the hardest-hit cities in America. Detroit's population has dwindled from a peak of nearly 2 million in the 1950s to an estimated 800,000 today. Despite efforts by the city to revitalize the downtown, much of the city is turning into a ghost town, according to Reuters.

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A recent report from msnbc.com tells the cautionary tale of online shoppers who were intrigued by ads offering "free samples" of a new kind of toothpaste. Many of these people clicked the ad to receive a sample – and instead lost hundreds of dollars.

After entering their credit card numbers for "shipping costs," victims found that monthly deductions of $58 showed up on their accounts.

Warning Signs & Red Flags

This scam had elements in common with other online scams we've written about here before. Generally speaking, any of the following should signal to you that the "free" offer in question is most likely a way to take your money.

  • Minimal payment upfront. In the case most recently documented (in the article), victims were asked to pay a five dollar shipping charge.
  • Use of credit card. If an offer requires you to enter your credit card information, close that screen and walk away from the computer. Any truly free offer should not involve payment.
  • Fine print. Many Internet users skip right over "terms of agreement" texts, often because they're long and boring-looking. But that section contains important information – and it may reveal the "free" offer to be a costly deal.

The Internet can be difficult to navigate, because nefarious links often appear on otherwise trustworthy sites – in fact, in the msnbc.com story, victims reported just such an occurrence.

So take caution: Just because you trust a site doesn't mean you can trust the ads that appear on it.

What to Look Out For

Online scams often sound tempting to consumers because they're designed to appeal to our weaknesses. Products commonly seen as part of online scams include:

  • Beauty and weight-loss products: Supplements, diet systems and even whitening toothpaste may be presented in "free trial" form.
  • Work at home offers: Bogus opportunities for self-employment (with guaranteed hefty paychecks) crop up frequently.
  • Fads and trends: Products or services that allow you to sample a new trend for "free" can be fraudulent, too.

Remember: if something is really worth having, it's worth paying for. And if you wouldn’t pay for it in the first place, you really don't want to overpay in hidden costs and "membership fees" that offer you little or no real benefit.

Additional Resources

How to Avoid a Scam (PDF)

Avoiding Online Fraud (PDF)

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Friday, October 23rd, 2009

Consumer Updates: Gas Cards & Book Wars

Here are two big stories you should know about this week to stay on top of your personal finances.

Part 1: Citibank Closing Some MasterCard Accounts

Various news outlets have reported on a gasp-worthy move by Citibank in recent days. Apparently, the company has taken to closing various credit card accounts – sometimes for what seem to be pretty arbitrary reasons.

While such action has been almost common during this recession, it seems Citi’s customers have been vexed by the apparently baseless decisions. Ordinarily, card issuers cut off a person’s credit for reasons such as:

  • Late or missed payments: Failing to get a payment to your card issuer on time could – especially when credit is tight – lead to a lowered credit limit or canceled card.
  • Negative actions in your credit report: Some card issuers consider missed payments and late fees on any credit product a reason to limit or end your credit.
  • Inactivity: If you haven’t used your card in ages, it may get canceled.

But, according to stories from the Business Insider, some Citibank customers are seeing their cards cut off with no warning – for no apparent reason.

What You Can Do

Unfortunately, there’s no law in place that prevents credit card companies from ending a customer’s line of credit. But, if you think your card was cut off in error, don’t hesitate to call your issuer’s customer service line. Be prepared to defend your case with specifics about your payment and charging history (you may want to have your last few bills handy).

Your credit score depends partly on age of accounts and credit availability ratio, so it may be in your best interest to keep cards open if possible.

Part 2: New Book Prices Slashed

One of the biggest stories in retail news right now is the price of books. Apparently, major retailers like Walmart, Amazon and Target have been cutting prices for brand-new books by bestselling authors to as low as $8.99!

Take Advantage of It…

If you’re shopping for holiday gifts for readers, now may be the time to stock up on new titles – this could be a short-lived experiment that is not repeated in the future. And, if becomes the norm, the groups who stand to lose are publishers and writers.

…But Stay Realistic

If you’re the main bookworm in your life, though, these prices may not be low enough to justify spending too much new books. Remember that used bookstores often have titles available for serious discounts – and libraries offer thousands of titles for no cost at all!

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The Federal Trade Commission announced this week that MoneyGram International Inc., a leading U.S. money transfer service, will pay $18 million in consumer compensation for what seems to be its compliance with fraudulent money-wiring schemes. This can be seen as a minor victory for consumers.

According to the FTC, MoneyGram was complicit in schemes that cheated people out of money by doing the following:

  • Alerting them of false winnings or opportunities: Consumers were told (often via mail) that they’d won the lottery, been chosen for a “Secret Shopper” program or been guaranteed a loan.
  • Prompting them to transfer money: In order to “collect” their money or activate their accounts, customers were required to deposit a check (which had come in the mail with the notification) and wire some of the money to a third party.
  • Taking the money: In these schemes, the checks that consumers were given to deposit were fraudulent and worthless. The money transferred, then, came from consumers’ own accounts.

More than $84 Million Lost

Consumer complaints indicate that as much as $84 million was lost to such schemes, though the FTC’s site indicates that the actual total is likely higher, since many cheated consumers never file complaints.

The FTC’s charges reportedly include that MoneyGram was aware of the fraudulent activity but did almost nothing to stop it, and that 95 to 96 percent of complaints filed about the company were against 131 of the company’s 1,200-plus agents in from 2006–2008.

In addition to the $18 million in consumer redress funds, MoneyGram has agreed to include anti-fraud and agent-monitoring policies in its future operations. Because part of the charges levied by the FTC include MoneyGram’s active ignoring of reports of agent fraud, new agents will be required to complete background checks before being hired.

What to Watch Out For

In general, the FTC warns that wire transfers can be dangerous, and sets these guidelines:

  • Never wire money to a person you don’t know, in the U.S. or another country;
  • Never wire money to someone requesting to keep the transaction a secret;
  • Don’t wire money to those who claim that money transfers are the only acceptable mode of payment; and
  • Don’t wire money to someone who asks you to deposit a check and wire a fraction of that amount.

Additional Resources

Money Transfers Can Be Risky Business (PDF)

U.S. Postal Inspection Guide to Avoiding Mail Fraud (PDF)

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A bankruptcy filing by the Catholic Diocese of Wilmington, Delaware, may give plaintiffs in a sex abuse trial fair compensation, according to Bishop W. Francis Malooly.

The Chapter 11 filing came late Sunday, after settlement negotiations broke down and just hours before a civil trial was set to begin, according to The Associated Press.

More than 140 individuals have filed suit against the dioceses, its parishes and priests.

The diocese has spent $6.2 million to settle sex abuse cases since 2002, according to the AP. In the bankruptcy petition, the Diocese of Wilmington listed liabilities of $100 million to $500 million related to the lawsuits.

Delaware passed a "look-back" law in 2007, allowing victims previously excluded by the statute of limitations to file suits.

The Wilmington Diocese is the seventh Catholic Diocese to file bankruptcy in recent years, following dioceses in Davenport, Iowa; Portland, Ore.; Fairbanks, Alaska; San Diego, Calif.; Spokane, Wash.; and Tucson, Ariz.

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Saturday, October 17th, 2009

More Seniors Struggling with Debt

A recent Newsweek article highlights the problem of older Americans struggling with debt. It seems that those aged 55 and older have become the group most likely to file for bankruptcy.

Retirement and Debt

The reasons for senior citizens' financial struggles may not be immediately obvious, but they are telling. Consider these factors that can sap a nest egg:

  • Credit card debt. This comes as no surprise – many Americans are strapped with serious credit card debt. This is part of the reason why the Credit CARD Act of 2009 was passed.
  • Large mortgages & home equity loans. Those who refinanced their mortgages during the real estate boom – whether to redecorate, fund children’s education, or pay down other debts – may find themselves faced with massive mortgage payments. In some cases, seniors may owe more on a house than it’s worth.
  • Cash-strapped kids. Like it or not, you may be contributing to your parents’ financial woes. In many cases, parents try to help their children financially even when they can’t afford to do so. Or they may be too embarrassed to refuse a child’s request for aid.
  • An end to income. Once you stop working, the paychecks stop flowing in. This isn’t problematic if you’ve got enough money socked away for your golden years, but since the stock market’s crash, many nest eggs aren’t quite as hefty as they once were. And paying down debt without regular paychecks can be difficult.
  • Predatory lending products. Unfortunately, nobody is immune to financial disasters like payday loans. People on fixed incomes (like many senior citizens) can find such loans especially damaging, since sky-high interest rates make them difficult to repay.

Getting Help for Yourself or a Loved One

The good news is that helpful agencies are available to provide credit counseling or debt management to those in need.

The bad news is that many con artists are also out there, ready to take money from whomever they can.

Check out various credit counseling services in your area (The Association of Independent Consumer Credit Counseling Agencies has a searchable database of accredited firms) and visit the Better Business Bureau’s website to check out any operation you discover.

If you think an older person in your life may need debt assistance but not have access to online resources, consider offering your skills to that person.

Additional Resources

The Plastic Safety Net (PDF)

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Friday, October 16th, 2009

A Cure for Impulsive Investors?

A recent report from the Associated Press announces the development of a device that could help everyday investors avoid making emotionally driven decisions about their financial moves.

Called the Rationalizer, the device could prompt users to slow down and consider their motives before making hasty purchases or sales.

Background: Irrational Financial Decisions

As mentioned in a previous blog post, researchers have found that levels of testosterone can influence the financial decisions we make.

Traditional wisdom offers a similar diagnosis: greed prompts us to buy too-expensive stocks, while fear prompts us to sell stocks with falling prices, causing some to lose their investments and file bankruptcy.

And even if you aren’t the type to fiddle with your investment portfolio in your spare time, you’ve probably felt the thrill of an impulse buy you never intended to make.

But impulse decisions are rarely wise – and they can prove costly and financially damaging.

Monitor Your Moods with the Rationalizer

Phillips Electronics, producer of the Rationalizer, portrays the product as a sort of cure for impulsive financial decisions. In fact, it’s a little more complicated than that. Here’s how it works, according to reports:

  • Sweat-sensing bracelet: When you’re making stock trades at your computer, you can wear a bracelet that essentially monitors your levels of perspiration.
  • Radio-signal communication: The information from the bracelet is then transmitted to a bowl-like structure that glows in a variety of colors.
  • Color coded identification system: Lights in a bowl vary from yellow (low emotional levels) to orange (moderate levels) to red (high emotions). This lets you know whether or not you’re in a good state of mind to make financial decisions.

Analysis: Controlling Impulsive Decisions

While the device may be useful for those with a history of making emotionally-charged decisions about their finances (or anything, really), it’s probably not a winner for everyone:

  • Limited portability: For people who have problems with impulse buying in stores, this bracelet would be of little help – the bowl requires a flat surface to be set up. Online shoppers, though, may benefit.
  • Cost: If your problem is buying gadgets that you don’t need, the Rationalizer may contribute more to the problem than the solution.
  • Accuracy: No research exists yet to verify the accuracy or effectiveness of this contraption. It may offer insight about your emotional state, but it offers no indication about whether these emotions are positive or negative – and it hasn’t been linked to any success or failure.

The bottom line? The Rationalizer is certainly a cool innovation, but taking a few deep breaths, going for a walk or calling a friend may be better impulse buying deterrents for most people.

Additional Resources

Determinants of Planned and Impulse Buying (PDF)

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Wednesday, October 14th, 2009

Credit CARD Act may Get New Effective Date

The Credit CARD Act of 2009, which establishes new protections for cardholders, was signed into law back in May, but gave credit card companies a full nine months to prepare. Now, the Congress wants to move up the law's effective date from February 22, 2010 to December 1.

What's prompting the scheduling change? According to CNNMoney.com, credit card companies haven't been using the downtime to prepare for their new practices‒they've been using it to squeeze as much money out of cardholders as possible, raising APRs, lowering credit limits, and changing account terms.

Each of these tactics will require extra notice, while others will be banned under the Credit CARD Act.

Representative Barney Frank, who co-introduced the legislation to speed up the protection, recently explained the situation to the Associated Press, “It is very clear that this is the kind of protection that shouldn't wait and we should move forward."

Combining higher interest rates and lower credit lines is moving the credit crunch from the banks to the consumers, leaving more Americans defaulting on their cards and filing for bankruptcy as a result.

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