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b) EQUITY - Another variation of "debt consolidation"
is based on your ownership of real estate. If your home is worth more
than you paid for it, you have equity, and many banks will gladly lend
you money against it (assuming your credit report looks good enough).
There is little risk to the lender, because if you default, they can force
a foreclosure on your property to recover their money.
So, let's say you have $25,000 equity in your house, and you find a bank
willing to loan you $25,000 with your house as collateral. This is the
ever-popular "second mortgage" or "equity line of credit."
You then pay off your credit cards. At this point in the program, things
can go well or not so well. If you are a very disciplined person financially,
and your hardship situation was temporary, you may emerge from the scenario
with your credit intact. You still have the same level of overall debt,
but it is structured in a way that you can live with.
Many people, however, find that they end up in worse shape using this
approach. Why? Because they suddenly have $25,000 worth of credit available
with new offers for credit cards coming in the daily mail. Then they get
busy planning for the holidays, or they just have to buy that awesome
home theater system for $3,500. Before they know it, they owe $10,000,
$15,000, or even $25,000 again on those pesky credit cards, PLUS, they
have the second mortgage to keep up. The result is disaster.
There's also another big problem with borrowing against your equity:
you're essentially trading an unsecured debt for a secured debt. If you
default on a credit card balance, the creditor (if you ignore the problem
long enough) can sue you and obtain a court judgment. Then they can put
a lien against your house, so that if you ever sell the house, you're
forced to hand over the money. But they cannot force the sale of your
house. A secured debt is a far more serious matter, because you've pledged
your house as collateral. If you default on a debt that has been secured
by your house, you risk losing that home.
Why trade unsecured debts for secured debts? For most people, this is
not the best move to make. Yet countless individuals fall for this trap
annually.
C) CREDIT COUNSELING - The third variation on "debt consolidation"
is not really consolidation in the true sense of the words, as described
above. Instead, you are enrolled into a Consumer Credit Counseling program.
You meet with a counselor who analyzes your monthly budget. The counselor
then makes contact with your creditors and attempts to get them to lower
the interest rate temporarily. You make one monthly payment to the counseling
agency, which then disburses the funds to your various creditors.
The theory here is that your overall payment per month is lower due to
the counselor's success at obtaining lower interest rates and more favorable
terms with the credit card banks. This approach is the one most often
recommended by the banks themselves, and in the financial press Credit
Counseling is touted as the cure-all for debtors who are in over their
heads.
So, does this really work? Well, maybe yes, more likely no, depending
on your situation. First, you have to understand that the counseling service,
while in theory a non-profit organization, actually receives compensation
from the bank you owe the money to. So, whose side are they really on
- the side of the consumer who's paying a monthly $20 administrative fee,
or the bank that's paying 7% of the restructured debt? You don't need
to be a genius to figure out that the CCCS program won't work for a lot
of people.
Second, most credit counselors are not going to work all that hard at
getting an uncooperative bank to cooperate. The net result is that they
simple enter into the typical hardship program that you could have easily
negotiated for yourself without the extra fees.
Third, with a CCCS program, the most frequent complaint we've heard from
ex-participants is that they have little or no insight into what the CCCS
agency is doing on their behalf, and they have virtually no control over
the process. They send in their single monthly payment, with no idea of
how much is going to which creditor, and since most counselors are busy
people who work based on high volume, getting a return phone call can
be difficult.
Now, I'm not saying that all CCCS organizations do a poor or lackluster
job. Like any business, there are good and bad services out there. However,
they don't really SOLVE the problem at all. In other words, if you walk
into the office of a credit counselor owing $25,000, you'll still owe
$25,000 when you walk out.
One thing that a counseling agency can do is to GET THE PHONE TO STOP
RINGING. This can indeed be a lifesaver, if you are already getting collection
calls and the banks are starting to make your life miserable. But in our
judgment, credit counseling is a helpful approach only for the consumer
who knows that their financial hardship is temporary (say six months or
less) and simply does not want to deal with the hassle of handling the
phone calls in the meantime. Otherwise, stronger medicine makes more sense.
d) CHAPTER 13 -The final form of "debt consolidation"
is actually not consolidation at all, but rather a form of bankruptcy
called "Chapter 13." We'll discuss it on the next page under
its proper heading. Be forewarned, however, that many (if not most) of
the ads you'll see for "debt relief' or "debt consolidation"
are really attorneys advertising to take you through a formal declaration
of bankruptcy. Watch out!
Continued - Bankruptcy: A Must
To Avoid!
Contact us NOW for a FREE
and CONFIDENTIAL consultation.
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