"Foreclosure Alternatives,"
the new foreclosure alternative program announced today by Citigroup, may help cash-strapped homeowners in some regards, but it is also erroneously being touted as a way to do "less" damage to person's credit rating. Moreover, in many ways, the new initiative will benefit Citigroup itself far more than it will their borrowers.
Under its foreclosure alternative program, Citigroup would allow a homeowner at risk of foreclosure to stay in his or her home for six months -- as long as the homeowner turns over the deed to the property. During the six-month period, the homeowner must keep the property in good condition. After that, the homeowner must move. Citigroup will provide relocation counseling and pay $1,000 or more in relocation expenses. Citi will also consider covering other costs too, such as taxes, insurance or homeowner association fees incurred while the homeowner remains in the house.
While these are all clearly benefits that would aid financially-troubled homeowners, Citi's new foreclosure alternative program is also being hailed as a way to help individuals and couples minimize the impact of foreclosure on their credit scores.
Credit Misconceptions
An
Associated Press story states: "In a normal foreclosure, a lender assumes legal control of the property and evicts the homeowner. But Citi's program, like other 'deed in lieu of foreclosure' efforts, allows the homeowner to avoid a completed foreclosure. While the owner must still leave the home after six months, the program results in a less severe hit to the borrower's credit score."
Unfortunately, the misconception that a deed in lieu of foreclosure does less damage to your credit scores than a regular foreclosure is simply not true.
According to officials from Fair Isaac, the company that created FICO credit scores, "The
common alternatives to foreclosure, such as short sales and deeds-in-lieu of foreclosure are all noted as 'not paid as agreed' accounts and considered the same by your FICO score."
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If You're in Deep Debt Trouble ...
Try to Negotiate ...
If making even the minimum payments on your loans is getting to be too much for you, it's time to go directly to your creditors and try and negotiate. You can negotiate for a lower minimum, lower interest rate or different payment terms. Trust us: Your creditors want to get paid -- they may not like having to reduce your payments (and they may even put a nasty mark on your credit report), but you stand a good chance of getting at least one or two of your creditors to make a reduction. Just remember to be polite and non-confrontational when you call ... and tell them what you CAN pay every month. If the rep you're talking to isn't a help, ask to speak to her supervisor.
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If Youre in Deep Debt Trouble ...
It's a sure sign of the times: millions of Americans are having a hard time keeping their heads above water. Credit card delinquencies are up 18% in the last three months. People are walking away from their homes because they can't make the mortgage payment. What about you? Is your stomach in knots when the mail arrives or the phone rings? Find out the steps you can take today to begin digging yourself out of this debt trouble. Personal finance experts Ken and Daria Dolan of Dolans.com walk through your options.
Mouse over the photo at left, and use the arrows to click through our gallery and see the Dolans' expert suggestions for dealing with debt trouble.
If Youre in Deep Debt Trouble ...
Make at Least the Minimum Payments
While you are working on debt relief, do everything you can to keep making the minimum payments on your credit cards. Of course, we'd love for you to pay MORE than the minimums each month so you can pay your credit cards down faster. But at least make your minimum payment so you don't get hit with huge penalties and interest. Perhaps most importantly, it will keep your credit debt in the hands of your credit card company rather than having it turned over to a collections agency.
If Youre in Deep Debt Trouble ...
Try to Negotiate ...
If making even the minimum payments on your loans is getting to be too much for you, it's time to go directly to your creditors and try and negotiate. You can negotiate for a lower minimum, lower interest rate or different payment terms. Trust us: Your creditors want to get paid -- they may not like having to reduce your payments (and they may even put a nasty mark on your credit report), but you stand a good chance of getting at least one or two of your creditors to make a reduction. Just remember to be polite and non-confrontational when you call ... and tell them what you CAN pay every month. If the rep you're talking to isn't a help, ask to speak to her supervisor.
If Youre in Deep Debt Trouble ...
Consider Credit Counseling
If you're getting nowhere with your creditors directly, then it's time to contact a credit counseling service. A good credit counseling service will help you create a personal spending budget. Most also offer debt management services in which they'll contact and negotiate lower payments and interest rates with all of your creditors. (Plus another benefit is you only need to write one check to the service and they'll distribute the payments for you.) There are both private and non-profit organizations in this arena, but beware -- there are some shady characters in this field. We suggest starting with the National Foundation for Credit Counseling (NFCC.org), a non-profit that includes the longstanding and reputable Consumer Credit Counseling Service.
If Youre in Deep Debt Trouble ...
Consolidate Your Debt
If you're constantly robbing Peter to pay Paul every month -- juggling payments on car loans and credit cards -- then debt consolidation might be the best answer for you. With it, you can roll all of your balances into one big loan. It'll reduce your monthly debt, plus it should reduce the amount of time it takes to pay it all off. There's one catch: Your credit needs to be decent in order to get a debt consolidation loan, so if you have a lot of credit dings and dents due to spotty payments, this may not be an option for you.
If Youre in Deep Debt Trouble ...
Settle if You Can
If you're way past due on a credit account, you may be able to make an offer your creditor can't refuse. This is especially true if the account is so delinquent that it's already been turned over to a collection agency. In this case, call your credit card company and offer to settle your debt by making a reduced one-time payment that will clear up the debt for good. This is only in the event you can't pay the account off in full and have no hope of doing so in the near future. Settling your debt can prevent a lawsuit and even the resale of your debt to another creditor. Offer 50 to 70 cents for every dollar you owed -- so offer to pay $500-$700 on a $1,000 debt. Debt settlement will show up on your credit report, so your score may suffer, but you'll do far more damage by having an open delinquent account on your record.
If Youre in Deep Debt Trouble ...
Bankruptcy as a Last Resort
When you've exhausted all other options we discussed and you don't see any other way out, bankruptcy may be your last resort. Bankruptcy certainly isn't something to jump into lightly. It will ruin your credit for several years, and will even affect your ability to rent a home and secure a new job! If, after doing some numbers-crunching, you determine it'll take you longer than FIVE years to pay off everything you own, then you may want to go the bankruptcy route. But before you do...
If Youre in Deep Debt Trouble ...
Bankruptcy Options
If bankruptcy is your only answer, keep in mind you have two options. Chapter 7 allows you to wipe out most, if not all, of your debts while Chapter 13 works out a realistic repayment plan under court protection. As appealing as Chapter 7 might sound, keep in mind that your income might be too high for you to qualify for it. With Chapter 7, not all debts are excused. You don't get to skip out on Uncle Sam, nor will you be free and clear of any outstanding child support or alimony payments. Also, a Chapter 7 bankruptcy will stay on your credit report for 10 years, as opposed to Chapter 13, which will be removed after 7 years.
If Youre in Deep Debt Trouble ...
Communication Is Key
As you try to get out from under your debt, the single most important thing you need to do is keep the lines of communication open with your creditors. Evading phone calls from creditors and collection agencies and tossing out reminder notices will only get you in deeper trouble. Instead, address these phone calls and letters directly and promptly. Be open and tell them your situation -- e.g. you lost your job, you're going through a divorce, etc. -- and make sure they know your main goal is to work on repaying them in some form. Remember: The more upfront you are with your creditors, the less likely you'll be harassed. You'll also stand a greater chance of working out a reasonable repayment plan directly with them.
If Youre in Deep Debt Trouble ...
Know Your Rights!
Speaking of harassing creditors, we want you to be fully aware that you DO have rights when it comes to how your creditors "work" with you. No matter how much hot water you're in, you're protected by the Fair Debt Collection Practices Act. Your creditors can't contact you before 8am or after 9pm. They also can not call you at your place of employment unless you give them permission. Debt collectors are also barred from falsifying who they are, or making false threats (like telling you that you will be arrested or will lose your home if you don't pay up). To find out more about your rights, check out the FTC Web site.
If Youre in Deep Debt Trouble ...
Information on the company's website,
myfico.com, goes on to explain: "This is not to say that these may not be better options for you from a financial perspective, just that they will be considered no better or worse for your FICO score."
Citigroup is launching its Foreclosure Alternatives initiative in six states, including Florida, Illinois, Michigan, New Jersey, Ohio and Texas. The company says roughly 1,000 homeowners are expected to participate, though up to 20,000 borrowers may be eligible. Depending on the success of the program, it may be rolled out nationwide.
In my view, Citigroup is to be applauded for at least offering people who are on the verge of foreclosure an easier way to transition out of a home -- along with some financial help and counseling in the process.
But let's be clear. Programs like Foreclosure Alternatives by Citigroup are implemented primarily because they benefit the lender -- not the borrower. As I explained in my book
Your First Home, The Smart Way to Get It and Keep It, banks loathe having loan defaults and foreclosures mainly for two reasons. The first is financial; the second is regulatory.
Banks Are In the Lending Business -- Not the Business of Owning Property
Banks obviously sell mortgages and earn a profit (i.e. interest) on those loans. More important, foreclosures and people walking away from their mortgages are extremely costly for lenders. ACORN, the Association of Community Organizations for Reform Now, estimates that banks suffer an average loss of $58,000 for every foreclosed property. This is due to the lost interest, legal fees, eviction expense and other costs a bank incurs during foreclosure – such as repairing a home, marketing it for resale and paying an agent's sales commission. Therefore, responsible lenders know that it is definitely not financially prudent to return a home to its inventory.
Citigroup's senior mortgage executive, Sanjiv Das, acknowledged as much, asking AP: "Why should we all go through the foreclosure process and evict people?" Avoiding foreclosure, Das said, is "less painful for our borrowers as well as for us."
What's more, lenders know that federal regulators frown on financial institutions with too many bad loans on their books. So they always want to keep foreclosures at a minimum.
These two reasons explain why banks are interested in preventing outright foreclosures. They also explain Citi's motivations in launching Foreclosure Alternatives, which is directed at people at least 90 days behind on their mortgages who don't qualify for a modification or a short sale.
I'm not saying that Citigroup isn't also acting responsibly toward their customers, because Citi's aid will definitely offer homeowners some peace and security during a period of economic and personal upheaval. What I am suggesting, however, is that there is a growing awareness among lenders that they need to cut their financial losses and get more creative about tacking the nation's growing foreclosure problem. Foreclosure Alternatives and programs like it will help lenders reach these goals.
And with an estimated three million foreclosure filings expected in 2010, according to
Realtytrac, I predict that more large lenders will emulate Citigroup's Foreclosure Alternatives program. When they do, it's important for those facing tough economic times to consider all their options, seek out ways to more quickly bounce back from financial setbacks such as foreclosure and to recognize what these programs can and can't offer from a financial and credit-rating standpoint.
Lynnette Khalfani-Cox, an award-winning financial news journalist and former Wall Street Journal reporter for CNBC, has also been featured in top newspapers including the Washington Post, USA Today, and the New York Times, as well as magazines ranging from Essence and Redbook to Black Enterprise and Smart Money. Check out her New York Times bestseller,
'Zero Debt: The Ultimate Guide to Financial Freedom.'
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By: Therese Brown on 6/09/2010 12:59AM
Thanks for having such a great article! So important to know the REAL story on these alternatives.
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