Archive for August, 2009

Foreclosure plague: No cure yet

Thursday, August 13th, 2009

The foreclosure plague continued to devastate last month.

There were more than 360,000 properties with foreclosure filings — including default notices, scheduled auctions and bank repossessions — an increase of 7% from June and 32% from July 2008, according to RealtyTrac, an online marketer of foreclosed homes. In fact, one in every 355 U.S. homes had at least one filing during July.

“July marks the third time in the last five months where we’ve seen a new record set for foreclosure activity,” said James J. Saccacio, chief executive officer of RealtyTrac. “Despite continued efforts by the federal government and state governments to patch together a safety net for distressed homeowners, we’re seeing significant growth in both the initial notices of default and in the bank repossessions.”

The jump occurred as several foreclosure moratoriums phased out. They were initiated by many states to give the administration’s foreclosure-prevention efforts time to work. But for many help did not come: The modification and refinancing programs have met with less success than hoped.

“It’s starting to reach more and more people, but we have to do better and make sure the program reaches the millions of folks we intended it to reach,” said Jared Bernstein, an economics adviser to vice president Biden.

The picture would be even worse, however, without the programs.

“Each of these programs nips away at the problem of excess supply,” said Doug Duncan, cheif economist for Fannie Mae, “and fights against declining prices. … The hope is that the aggregated programs will result in less loss than would happen in the free market.”

Out of their homes

RealtyTrac statistics revealed that more than 87,000 properties were repossessed by lenders, effectively sending many families out of their homes. There have been a total of 464,058 repossessions — or REOs in industry parlance — so far this year (through the end of July).

“We’re seeing more option ARM resets, triggering defaults and more prime loans, which are failing due to job losses,” said RealtyTrac spokesman Rick Sharga.

That is resulting in more filings on higher priced homes, for two reasons: 1. option ARMs were typically used for more expensive properties; 2. borrowers using prime loans generally had better credit and were able to afford more expensive houses.

Best and worst

The worst hit areas continue to be in the “sand states,” with California posting the highest number of total filings, 108,104, and Nevada posting the highest rate of foreclosure at one for every 56 homes.

The other hardest hit states are Arizona, at one filing for every 135 homes, and Florida, at one for every 154. Las Vegas, with one for every 47 homes, had the highest rate among metro areas. That’s Sin City’s 31st consecutive month topping the list.

These were bubble states, where home prices soared and banks financed mortgages for anyone who could fog a mirror.

“We’re seeing the highest levels of foreclosures in the markets that had the highest appreciation [during the boom] and the worst lending practices,” said Sharga.

Foreclosures rise 7 percent in July

Thursday, August 13th, 2009

WASHINGTON – The number of U.S. households on the verge of losing their homes rose 7 percent from June to July, as the escalating foreclosure crisis continued to outpace government efforts to limit the damage.

Foreclosure filings were up 32 percent from the same month last year, RealtyTrac Inc. said Thursday. More than 360,000 households, or one in every 355 homes, received a foreclosure-related notice, such as a notice of default or trustee’s sale. That’s the highest monthly level since the foreclosure-listing firm began publishing the data more than four years ago.

Banks repossessed more than 87,000 homes in July, up from about 79,000 homes a month earlier.

Nevada had the nation’s highest foreclosure rate for the 31st-straight month, followed by California, Arizona, Florida and Utah. Rounding out the top 10 were Idaho, Georgia, Illinois, Colorado and Oregon. Among cities, Las Vegas had the highest rate, followed by the California cities of Stockton and Modesto.

While there have been numerous recent signs that the ailing U.S. housing market is finally stabilizing after three years of plunging prices, foreclosures remain a big concern. Foreclosures are typically sold at a deep discount, hurting neighbors’ home values.

The mortgage industry has been slow to adapt to the surge in foreclosures. Many lenders have needed government prodding to get up to speed with the Obama administration’s plan to stem foreclosures.

The Treasury Department said last week that banks have extended only 400,000 offers to 2.7 million eligible borrowers who are more than two months behind on their payments. More than 235,000, or 9 percent, those borrowers have enrolled in three-month trials in which their monthly payments are reduced.

“The volume of loans that are in distress simply overwhelms” those efforts, said Rick Sharga, RealtyTrac’s senior vice president for marketing.

Chapter 13 Vs Debt Settlement

Wednesday, August 12th, 2009

Q: What is bankruptcy?
A: Consumer bankruptcy allows people to either eliminate or ‘wipe out’ most of their debt; or, in some circumstances, to repay their creditors under a court supervised repayment plan. The eventual goal of any type of bankruptcy filing is almost always to obtain a “discharge” from the court, which means that all the consumers’ debts (with some exceptions) which existed before the filing of the bankruptcy petition with the court are eliminated.

Q: What type, or chapter, of bankruptcy can I file?
A: Consumers typically file Chapter 13 bankruptcy, where repayment is made to creditors, or a Chapter 7, where most debts are eliminated. For the majority of consumers, a Chapter 7 would be filed; usually a Chapter 13 is filed by those who face losing their home in a foreclosure.

Q: Do I need a lawyer to file bankruptcy?
A: Some people do have a very simple case that they could possibly do on their own, but it’s a good idea to have an attorney guide you through the process and make sure you do things correctly. A lawyer can guide you through the intricacies of the process and help you avoid the pitfalls. Although you may think your case is easy, if you file incorrectly, it can significantly delay your discharge and in some cases, your case could be dismissed. Moreover, if you file for the wrong bankruptcy chapter, you could put yourself in jeopardy of losing assets, including your home. My fees are very reasonable and it is worth paying a lawyer to make sure your case is successful.

Q: What is the difference between a secured claim and an unsecured claim?
A: Secured debt is a creditor’s claim that’s secured by a lien of some type in your property, either by your agreement or involuntarily such as with a court judgment or taxes. For example, a mortgage is a secured claim or a finance agreement for an automobile. If you do not continue making payments, the creditor could take back the property. A creditor can generally claim the property that secures the debt in the event of bankruptcy. Unsecured debt is not tied to any specific kind of property.

Q: Can I change from one chapter of bankruptcy to another?
A: Usually, yes. Generally, you can convert a case once to any other chapter for which you are eligible. There are issues to watch for when going from one Chapter to another which I can guide you through.

DEBT SETTLEMENT FROM SYD FINANCIAL

Q: How does this program work?

Debt Settlement works by negotiating the balance owed (principal) on your unsecured personal debt accounts through the time-honored process of creditor negotiation. This is different from simply reducing the interest rate as with Debt Consolidation and Credit Counseling, which do not affect the total debt balance. By negotiating the balance itself, Debt Settlement provides a much faster means of satisfying your debt. Most creditors are willing to accept a settlement below the balance owed in order to close out an account rather than lose the entire amount in a bankruptcy proceeding. From a business perspective, it is a matter of the creditor receiving something rather than nothing, as would be the case in most bankruptcies. Of course, different creditors have different policies, but as a rule, discounts are routine in the industry. As a consequence of this approach, money that was previously spent on endless minimum payments (most of which went toward interest charges) goes toward the negotiated debt balance. That’s why Debt Settlement through negotiation is the fastest debt satisfaction method short of Chapter 7 bankruptcy.

Q: Will this strategy work for me?

While the debt settlement approach is not suitable for everyone, its flexible nature makes it applicable to a wide range of financial circumstances. Here are a few guidelines to help you determine whether or not debt settlement is something you should consider:

1. Do you have a legitimate financial hardship condition?
Most debt problems are caused by loss of income, medical issues, or divorce/separation. These are legitimate financial hardships that can happen to anyone through no fault of their own, and any one of these situations can wreak havoc on a household budget. The important point here is that the debt settlement system is not a “free lunch” for people who don’t feel like paying their bills. If you are over your head due to a hardship circumstance, and you’d prefer to work things out with your creditors rather than declare bankruptcy, then debt settlement can provide an honest and ethical debt relief alternative.

2. Are you committed to satisfying your debt?
Debt settlement is best viewed as a better option, one that allows you to keep control over the process and maintain privacy while working through your financial difficulties. As with most things in life, success is determined by your level of commitment to staying the course, even when the road gets a little bumpy. If you are likely to give up at the first rough spot, then debt settlement is probably not the best choice for you. But if you are determined to satisfy your debt, debt settlement will likely be the most attractive debt solution for you.

3. Do you owe more than $10,000 in unsecured debt?
We are the first to admit that debt settlement is strong medicine, and it should be reserved for serious debt problems. While everyone’s budget is different, most people can work their way out of smaller debt obligations. If you only owe $5,000, for example, unless you are really in dire straits you can probably deal with that obligation the old-fashioned way – by paying off the debt in full, over time. In other words, smaller debt loads are more of a budgeting problem than a serious financial hardship. At SYD Debt Settlement, we use the benchmark of $10,000 for evaluating whether or not a prospective client qualifies for our program. (Note: Exceptions are sometimes made based on hardship circumstances, so the $10,000 figure should be used as a rule of thumb or guideline. If you aren’t sure whether you meet the requirement, please call one of our knowledgeable representatives at (866) 364-9161 for a free, no-obligation consultation.)

Q: What happens to my credit?

The effect of our debt settlement program on your credit score will partly depend on your current credit status before starting the program. Few people with debt troubles have perfect credit to begin with. In general, your credit score (usually called the FICO score) will decline during the program, and will begin to improve again after you have become debt-free. We recommend against applying for new credit while going through the program. It simply doesn’t make sense to take on new debt while you’re trying to tackle your existing debt problem. So the short-term decline in credit score is rarely a problem for clients.

Q: What are the tax consequences?

Financial institutions are required to report canceled debts over $600 (the portion forgiven during the settlement transactions) to the IRS, and the debtor is required to report that as income on their tax return. However, the IRS permits you to offset any “income” from canceled debts up to the amount you were “insolvent” at the time the debts were canceled. You are “insolvent” if you owe more than you own, or in other words, if you have a negative net worth. If you’re deep in debt, it’s not likely that you have a positive net worth, so it’s rare that a client would have to pay taxes on the forgiven debt balance. The exception might be an individual with a high level of home equity, which might make the overall net worth positive and thereby eliminate the insolvency exclusion. However, this is the exception rather than the rule. Ultimately, to get an understanding of how the program will impact you personally, we recommend speaking with a professional tax advisor.

Q: What about lawsuits?

While creditors have the legal right to bring a lawsuit for non-payment of a debt obligation, such lawsuits are far less common than most people think. It costs money to sue someone, and a legal judgment is simply a piece of paper unless there is a way to collect money against it. The threat of litigation, on the other hand, is all too common, even though debt collectors are not supposed to threaten legal action unless they are specifically authorized to bring suit. In general, lawsuits can normally be avoided, provided you are willing to work out suitable arrangements with your creditors through the negotiation process. Contrary to popular belief, most creditors would rather work things out amicably in a negotiated settlement than spend more money taking a customer to court (with no guarantee of being able to collect on a judgment). That’s why thousands of litigation-free settlements are transacted every month all across the country. Creditors won’t admit it publicly, but our method works much better for them than forcing people into bankruptcy through overly-aggressive collection techniques.

Q: Can my wages be garnished?

If you listen to some debt collectors, you might be fooled into thinking that they will seize your very next paycheck unless you make a payment right then and there. The threat of losing part of one’s wages to a garnishment action is truly frightening to someone already struggling financially. But this is mainly an intimidation tactic used by collectors to scare people into committing to a payment schedule whether or not they have the funds available. Actual garnishment actions are relatively rare, and do not happen without advance warning. First, a creditor must bring a lawsuit, obtain a judgment, and then take an additional step to obtain authorization for the garnishment. Plus only one creditor can garnish your wages at a time. No one can take your paycheck without court approval, and you must be given notice of such court action through formal documentation. So don’t be fooled by one of the oldest collection tricks in the book.

Q: What are the differences between Debt Settlement and Credit Counseling?

The most important difference between these two programs is that with credit counseling, you pay back all of the debt balances, plus interest and fees, whereas with debt settlement, you pay back only a portion of your debt load. That’s why debt settlement is a much faster path to debt freedom (2-3 years) than Credit Counseling (5-9 years). This means a lot less money out of your pocket is used through the debt settlement approach. Another key difference is that your debt settlement firm works solely for you, the consumer, and receives no compensation directly from the creditors. In other words, your debt settlement firm is truly on your side. With a credit counseling agency, there is a dual relationship, where part of their income comes from the client and the majority of it comes from kickbacks paid by the creditors. This creates a built-in conflict of interest and creates doubt as to whose side the agency is really on. Also, debt settlement provides much more flexibility than credit counseling in both the monthly budget level and the types of accounts that may be enrolled. For example, if you have a really tough month and need to skip a payment, that situation can be absorbed by a debt settlement program, whereas it will cause serious problems with a credit counseling program. Further, if your accounts have “charged off” and gone into the third-party collections cycle, you can still enroll those obligations in a debt settlement program where they will be rejected by a credit counseling agency.

Q: What kind of debt can be negotiated?

As a general rule, any type of unsecured debt can be successfully negotiated. An unsecured debt is one that is not tied to a specific material item that could be repossessed by the creditor. So an auto loan, for example, could not be included because the creditor could legally repossess the vehicle. Credit card debt, medical bills in collections, department store cards, signature loans, unsecured lines of credit, and revolving charge accounts are all types of accounts that can be included in our program. The main exception here are student loans, which in most cases are government backed loans that cannot even be discharged in a bankruptcy proceeding. (Private student loans that are not sponsored by the government can be included.)

Q: What if a creditor won’t negotiate?

In the course of business, we have established contacts with the major banks, collection agencies, and collection attorneys. Debt settlement is recognized as a viable solution by collection industry professionals, and at Square One Debt Settlement we pride ourselves on the professional reputation we have established by dealing fairly with creditors. In the rare instance where a creditor balks at accepting a reasonable settlement at the time it is proposed, it is often a matter of simply waiting for a different phase of the collection process. Some creditors are more inclined to play “hardball” than others, but virtually all of the major institutions eventually sell their accounts to collection agencies in order to get what they can for the account. Since the collections agencies acquire these accounts for pennies on the dollar, they are more inclined to accept a reasonable settlement offer, which still represents a profit on their purchase.

Q: Are there debts that can’t be entered into the program?

Secured debts cannot be entered into our debt settlement program. This includes home loans, second or third mortgages, equity lines of credit, auto loans, and financing contracts tied to a specific piece of property that may be legally repossessed by the creditor. Federal student loans, although unsecured, must also be excluded from the program. In addition, Federal and State taxes cannot be included.

Q: Can I do this myself?

Yes, it is certainly possible for a consumer to negotiate his or her own debts. However, there are several important factors that should be taken into consideration before making such a decision. First, do you have the time? For individuals with serious debt problems, the complexities of the negotiation process can be very time consuming. Many people simply do not have the time to add this labor-intensive task on of an already busy work schedule. Second, it requires a certain kind of psychological toughness to haggle with creditors. The average consumer is hampered by the embarrassment and shame they feel over having gotten into trouble. With all the tricks, traps, and pressure tactics used by creditors, most people will find themselves better off with professional assistance.

Q: Don’t I have to pay taxes on the money I save?

Yes you may have to pay income taxes on the amount you save, but this amount is usually still much less than the amount you would have paid in interest

Pink Slip Nation

Wednesday, August 12th, 2009

I don’t know when the term “pink slip” originated. The term is at least a century old. It refers to a “you’re fired” notice.

The American economy shows no signs of reversing its relentless increase in the rate of unemployment. Jobs are disappearing at a rate not seen since the 1981–82 recession.

Companies continue to cut costs by laying off workers. This is the main source of the increase in corporate earnings – not increased output, but decreased output. How is this profitable? Because of increased output per surviving worker. In the midst of recession, businesses are learning how to cut costs. Labor in most businesses is the #1 cost. Cut labor, and you cut costs faster than by cutting anything else.

Workers see what is happening. They are working harder because they are facing pink slips.

To understand how bad things are today, and how much worse they are likely to get, we need to survey some ancient history.

RECESSIONS AND UNEMPLOYMENT

In the Reagan years, the recession was a secondary recession. The initial recession took place in Carter’s final year in office, 1980. The recession was one of the reasons for his defeat.

The cause was clear: the Federal Reserve had decreased the rate of monetary inflation. First in Nixon’s recession (1969–70), then in Ford’s recession (1973–75), the Federal Reserve responded by pumping up the money supply. Nixon took the nation off the international gold standard on August 15, 1971. This removed any external pressure on the FED’s expansion of money.

G. William Miller, who lasted a year and a half under Carter, oversaw a serious expansion of money, which was translated into prices by way of a series of OPEC oil price hikes in 1979. This seemed like a replay of the crisis of 1973.

Carter persuaded Miller to resign in August of 1979. He gave him the figurehead office of Secretary of the Treasury. He replaced Miller with Paul Volcker. Volcker and the Board of Governors decided that the only way to call a halt to escalating prices and rising interest rates was to reduce the FED’s purchase of assets. Volcker announced the new policy in October. The FED would let the federal funds rate rise. It would let all other rates rise. Rates rose.

The bank prime rate rose. It hit an unprecedented 20% in April 1980. This was the mid-point of Carter’s six-month recession. The rate backed off to 11% in late July. Technically, the recession was over. But then the rate started climbing again. It reached 21.5% in mid-December. It was at 20.5% the following July. It slowly declined, but did not reach 9.5% until June 1985.

The economy tanked. It could not survive on a prime rate anywhere near 20%. Volcker was determined to wring price inflation out of the economy, and he did.

Price inflation continued upward. It hit 13.5% in 1980. It took time for the FED’s policy to effect a reversal.

The price of slowing prices was a rising unemployment rate. It hit 10.8% in December 1982. The recession had ended the previous month. The unemployment rate fell to 8% a year later. This is regarded as “one of the most dramatic recoveries since employment and unemployment statistics have been collected. . . . ” (Bureau of Labor Statistics.)

Price inflation also fell rapidly. It was down to 3.2% in 1983. No one had predicted such a rapid decline. Unemployment declined more slowly. It was down to 7.2% in November 1984. Reagan was re-elected by a landslide.

The economy recovered. The stock market boomed from its bottom at 777 on August 13, 1982.

The Reagan recession was unique in its intensity. It came in response to the most serious U.S. price inflation of the peacetime 20th century. The solution was to slow the rate of monetary inflation, which caused the highest short-term interest rates of the 20th century. The recession was severe, but the recovery was rapid.

There was one more recession in the 20th century: July 1990 to March 1991. It cost President Bush the election. James Carville’s slogan carried the electorate for Clinton: “It’s the economy, stupid.” Yet the election was in November 1992. The recovery was still barely visible 20 months after the recession officially ended.

When the 1990 recession began, unemployment was under 6%. It rose to 7.5% in mid-1991, when the recession technically ended (a retroactive assessment by the NBER). It continued upward. In mid-1992, it was about 8.2%. It was still at 8% by the time of the election.

This is typical. The recession ends, but unemployment keeps climbing. This was also true of the 2001 recession. See the chart.

WHAT WE CAN EXPECT

The economy is not in recovery mode. The best news that the media can present is that the rate of contraction is slowing.

There is no good news on the unemployment front. The rate keeps climbing. The statisticians have this hope: the job market will get so bad that workers presently looking for jobs will drop out. If they stop looking for jobs, they are removed from the unemployment statistics. Unemployment refers to people out of work who are looking for jobs. So, when someone drops out of the job market, he lowers the rate of unemployment. If enough people quit looking, the statistic looks better.

Then there is the underemployment factor. This is getting some attention, but not enough. Businesses have cut workers’ hours. They don’t want to lose workers, since there are costs of firing, such as an increase in the firms’ state unemployment insurance rate. There might even be a lawsuit for discrimination.

Then there are re-hiring issues. It takes time to screen applicants. It takes time to re-train new workers. It is better to keep old workers, but cut their hours. This is being done on a massive scale. The numbers are grim. An estimate by Federal Reserve Bank of Cleveland is this: the number of total involuntary part-time workers has increased by five million, April 2006 (low point) to March 2009. It is likely higher today. Wage demands from workers are nonexistent.

This puts downward pressure on wage rates. Full-time workers know that there are part-timers in the company who would be happy to return to full-time work. There is great fear of being fired today.

The economy will recover at some point. But then we face the problem of the secondary recession. As the Alt-A mortgages come due next year and through 2011, the number of foreclosures will rise. It is now estimated that half of Americans who have mortgages will be underwater in 2011.

The post-2001 recovery was driven by the FED’s monetary policies. These policies stimulated growth by lowering mortgage rates and creating the housing bubble. That bubble is now long gone. As housing continues to decline as a result of Alt-A and option ARM mortgage re-sets, the economy will need to find another source of expansion.

Today, no one seems to know what that next bubble-driven sector will be. Without it, the zero-interest policies of the Federal Reserve will not gain traction. But with it, the economy will face a replay of the Greenspan bubble-bust scenario.

An echo recession will likely appear even before the unemployment rate turns down. The lag time looks sufficiently long that it will overwhelm any recovery, which will be weak.

This assumes that there will be a strong leading sector to revive the public’s faith in economic growth. There may not be.

WORSE NEWS ON THE HOUSING FRONT

Banks are not lending. They are keeping money with the FED as excess reserves. The bankers know that the next wave of residential real estate loan re-sets will hit next year. Commercial real estate is also going to fall. Vacancy rates are up. No one expects a near-term reversal.

This raises doubts about bank solvency. There are over 300 banks on the FDIC’s problem list. This is probably a low-ball estimate by the FDIC. The bankers do not want to lend to high-risk borrowers. They keep their money at the FED because they see no borrowers. This includes the U.S. Treasury. They could buy safe 2-year T-bonds and lock in 1.2%. This is ten times what they are paid by the FED. They refuse.

Will they lend to mortgage holders who are facing the re-set problem? Of course not. The price of real estate is unlikely to rise. The underwater mortgages are rising. The borrowers will want to borrow the money they paid for their homes. They want a rollover. But their homes are worth 20% less or more, depending on where they live. In the re-set states of California, Nevada, Florida, and Arizona, homes are down 40% or more.

The bankers will not roll over these loans at face value. Then what?

If they evict these people, they will have to register the losses. They want to avoid that. But the re-sets are legally required. How can the people facing a re-set crisis get the money they need to roll over their loans? They will need to come up with cash to make up the difference between the loans’ face value and the houses’ resale value. These people do not have cash to do this.

The re-sets will not be re-set. The lenders will face walkaways. Not that many home owners have enough savvy to keep paying on the mortgages, on the assumption that the lenders will not foreclose.

All talk about a housing recovery should include a detailed explanation of how lenders will be willing and able to roll over these mortgages. The talk should also include an explanation of how the lenders can get away with counting defunct loans – loans that have not been re-set as the agreement requires – as not really defunct, and therefore can be legally carried on the books as good loans at face value.

These are not big bank loans. Little banks cannot exchange these loans with the FED at face value for T-bills. That benefit was available only to the big banks.

THE PINK SLIP ECONOMY

The manufacturing sector in July was still in negative territory, according to the Institute for Supply Management: 49. But this was up 4 percentage points since June: a substantial one-month increase. This is good news, even though anything under 50 is contracting.

The non-manufacturing sector got worse. It was at 46.4, down six-tenths of a percentage point from June. The non-manufacturing sector is far larger than manufacturing in terms of its impact on the labor market. It employs almost 90% of the work force. Manufacturing employs 11% of the labor force, down from 20% in 1979 (2006 figures).

The economy is still contracting. The hope is that it will reverse later this year. Bernanke has said it will. Geithner has said it will. But both have said it will be a weak recovery. Geithner has said that unemployment will peak in 2010. He did not say when in the year. This indicates that he understands the lag factor.

We are seeing the worst unemployment rate since 1982. Tens of millions of workers have no memory of that era. They have borrowed and spent on the assumption that nothing like this could happen to them. But it has.

The new psychology is one of caution. Even people who are older and in safer, high-responsibility positions know that their employers are facing severe pressures. Entire industries aimed at the consumer, especially those tied to housing and finance, are in a crisis worse than any seen since the end of World War II.

Whether this has hit younger workers is not clear yet. The ones under 30 have bounced around for a decade. This age group has not found careers. They are still insecure. This recession makes things very bad for recent college graduates, but the ones a decade older have not enjoyed stability anyway.

The workers above 35, with families and mortgages, are taking heavy hits. Their career plans have been upended by the severity and duration of this recession. The one bright spot was their homes. They were appreciating. Now these families are underwater.

The Reagan recession had been preceded by a decade of inflation. The energy markets were out of joint. The unemployment rate went up fast, but then came down fast. Interest rates fell. The economy recovered as a result. The stock market rose for 18 years, except for 1987′s brief crash. The 1980′s generally are regarded as boom years, despite 1980–82.

People who came into the work force in 1982 and later have never faced anything like this. They have planned their lives in terms of a world that is gone.

In 1982, there was a boom ahead. Interest rates were high because of price inflation, 1968–82. When rates fell, there was a boom. Now rates are lower than ever before, and prices are stable. Banks are not lending. Real estate is depressed. A bubble market does not recover rapidly. It takes years. Think of gold at $850 in 1980 and $256 in 2001, despite a doubling of the price level.

Where will recovery come from? What will be the boost comparable to falling interest rates after 1981? There will be none.

Then where will the jobs come from that will roll back unemployment at 9.5% today and heading higher? Where will people find a career at age 35 that will not suffer from the wage pressures from younger workers who finally settle down in career paths?

Oldsters will retire if they hate their jobs and if their homes are paid off. But that hope is fading for anyone under 55.

The pink slips will increase. The wage pressure will increase. A new economy has appeared, one busted by the attempt of Greenspan and Bernanke to come down from the monetary inflation and low rates of 2001–2004. That attempt blew up in Bernanke’s face.

CONCLUSION

Bankers see what is coming: more defaults, more real estate declines, more foreclosures, and more write-downs. They remain in paralysis mode.

The economy has been hollowed out by monetary inflation, followed by a sharp decline in output. Demand is low. Caution is at the forefront.

Businesses are not going to hire new workers when things turn up. They are going to add hours to the workers who are still on the payroll.

The effect on the work force is going to be the Keynesian’s nightmare: a recovery without increased spending. They will demand more Federal deficits. They will demand another stimulus. The government will absorb more investment dollars. The government will crowd out the private sector.

Recovery without new capital? It’s not possible.

We now live in pink slip nation. We will live in it for a long time.

DEBT SETTLEMENT ADVICE

Wednesday, August 12th, 2009

It is important to take certain debt settlement advice seriously when deciding whether or not to hire a company to try to reduce your debt. For example, if your debt is so out of control that it will likely take longer than 36 months to negotiate settlements, bankruptcy might be a better option. After 24 months of negotiations, the stakes become higher.
Your savings in terms of debt reduction may be insignificant because you will have racked up so much more debt during the debt settlement process. And in addition, you will still have to pay the 25-35% of forgiven debt fee that the debt settlement company will charge you.
Another important piece of debt settlement advice is to be aware of the negatives associated with debt settlement. Debt settlement companies should only be used as a last resort as an alternative to bankruptcy. If you only owe a small amount of debt, it is best to continue making monthly payments. Even if you have not made payments for a while and creditors are calling you, you can still work towards fixing your credit by making timely payments over a significant period of time.
Debt settlement will adversely affect your credit score. It will not go unnoticed and the only way to completely clear your credit with no trace is to pay in full on time. However, if you are far behind on payments for a large amount of money and foresee no change in your income status in the future, debt settlement is far superior to filing for bankruptcy.

Debt Settlement as a Bankruptcy Alternative

Tuesday, August 11th, 2009

If credit card debt is taking over your life, we can help. Get debt relief now. Have you tried every trick in the book to avoid dreaded bill collector calls? If you find yourself screening every call you receive, pretending to be someone else when a bill collector calls at work or go to great lengths to make it seem like you are never at your house, it is time to figure out a solution to your debt.

You probably don’t have enough money to pay off all of your debt or you wouldn’t be in this predicament. Perhaps you have considered bankruptcy but don’t want to give up the dream of owning your own home or buying a new car that bankruptcy would make impossible. You want to make things right and move on with you life. Everyone makes mistakes and countless people each year feel helpless because they can’t change the past but want to look forward to a rewarding future which bad credit can put a major damper in. Well, there is a solution: debt settlement.

WHAT IS DEBT SETTLEMENT AND WHAT’S THE CATCH?
There are a number of companies that specialize in finding a way for you to get out of debt. They act as mediators between you and whichever company or companies you are indebted to. They can negotiate and reduce your debt by 40-60%. After the negotiation the creditor will forgive the remaining debt, allowing the prospect of becoming debt free to become feasible.

It is important to realize that there is a safe bankruptcy alternative. Credit card debt settlement and other forms of debt settlement might seem too good to be true but what most people in severe debt don’t know is that creditors would much rather reduce your debt and get you to pay something than have you file for bankruptcy in which case they would get nothing.

CREDIT CARD DEBT SETTLEMENT AND OTHER FORMS OF DEBT SETTLEMENT
The most common form of debt settlement is credit card debt settlement but there are many other types of debt serviced by debt settlement companies, including:

Medical bills
Gas/store cards
Personal loans
Personal lines of credit
Judgments

But there are also certain types of debts which cannot be settled. These include:

Tax debts
Alimony
Child support
Mortgages
Car loans
Federally insured student loans
Make sure your type of debt is appropriate for settlement and start your journey towards a debt-free life today! 

Call us toll free at 866-364- 9161
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Why Choose Chapter 13 when Debt Settlement truly works

Tuesday, August 11th, 2009

In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must compile the following information:

1. A list of all creditors and the amounts and nature of their claims;
2. The source, amount, and frequency of the debtor’s income;
3. A list of all of the debtor’s property; and
4. A detailed list of the debtor’s monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc.
Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household’s financial position.

Individuals may use a chapter 13 proceeding to save their home from foreclosure. The automatic stay stops the foreclosure proceeding as soon as the individual files the chapter 13 petition. The individual may then bring the past-due payments current over a reasonable period of time. Nevertheless, the debtor may still lose the home if the mortgage company completes the foreclosure sale under state law before the debtor files the petition.11 U.S.C. § 1322(c). The debtor may also lose the home if he or she fails to make the regular mortgage payments that come due after the chapter 13 filing.

Between 20 and 50 days after the debtor files the chapter 13 petition, the chapter 13 trustee will hold a meeting of creditors. If the U.S. trustee or bankruptcy administrator schedules the meeting at a place that does not have regular U.S. trustee or bankruptcy administrator staffing, the meeting may be held no more than 60 days after the debtor files. Fed. R. Bankr. P. 2003(a). During this meeting, the trustee places the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding his or her financial affairs and the proposed terms of the plan.11 U.S.C. § 343. If a husband and wife file a joint petition, they both must attend the creditors’ meeting and answer questions. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the creditors’ meeting. 11 U.S.C. § 341(c). The parties typically resolve problems with the plan either during or shortly after the creditors’ meeting. Generally, the debtor can avoid problems by making sure that the petition and plan are complete and accurate, and by consulting with the trustee prior to the meeting.

In a chapter 13 case, to participate in distributions from the bankruptcy estate, unsecured creditors must file their claims with the court within 90 days after the first date set for the meeting of creditors. Fed. R. Bankr. P. 3002(c). A governmental unit, however, has 180 days from the date the case is filed file a proof of claim.11 U.S.C. § 502(b)(9).

Banks Expected to Collect $38 Billion in Overdraft Fees in 2009

Monday, August 10th, 2009

US banks stand to collect a record $38.5bn in fees for customer overdrafts this year, with the bulk of the revenue coming from the most financially stretched consumers amid the deepest recession since the 1930s…The fees are nearly double those reported in 2000…

The Federal Reserve is working on rules on overdraft fees, and rules on customer charges could be a priority of the Obama administration’s proposed Consumer Protection Agency if approved by Congress.

Data from Moebs Services, a research company, show that the crisis has prompted many banks to lift charges on overdrafts and credit cards in order to boost profits.

The median bank overdraft fee has this year rose from $25 to $26, according to Moebs, the first time it has gone up in a recession for more than 40 years…..

Overdraft fees accounted for more than three-quarters of service fees charged on customer deposits…

The most cash-strapped customers are the hardest hit by such fees, with 90 per cent of overdraft revenues coming from 10 per cent of the 130m checking accounts in the US….

Banks say that the fees compensate for the risk they incur when they pay on behalf of customers who do not have enough money in their accounts….

The highest overdraft fees were charged by the largest banks, said Mr Moebs. At banks with assets greater than $50bn – a group including Citigroup, Bank of America, JPMorgan Chase and Wells Fargo – the median overdraft fee is set at $33.

At BofA, a customer overdrawn by as little as $6 could trigger a $35 penalty. If the customer does not realise they have a negative balance and continue spending, they could incur that fee as many as 10 times in a single day, for a total of $350. Failing to repay the overdraft within a few days results in an additional $35 penalty….

Chase has tiered overdraft fees – the first overdraft within a 12-month period is charged at $25, the second to fourth at $32 and the fifth at $35….

Consumer advocacy groups point to very low loss rates on overdrafts for all banks and argue that overdrafts are the least risky form of credit, while being the most expensive for consumers.

Eric Halperin, director of the Center for Responsible Lending said: “The banks own your pay check before you do, so the only way you can default on your overdraft is if you choose to open another account and deposit your income elsewhere.”

Consumer, Celebrity Bankruptcies May Hit 1.4 Million

Monday, August 10th, 2009

Aug. 10 (Bloomberg) — Consumer bankruptcies show no sign of abating
after rising more than a third this year and may hit 1.4 million by Dec. 31
as jobs are lost and loans are harder to get, according to the American
Bankruptcy Institute.
More than 126,000 consumers filed for bankruptcy in the U.S. last month,
34 percent more than in July 2008, the ABI said in its latest report on Aug.
4. The increase came after a 36.5 percent rise in personal bankruptcies
nationwide in the first six months, to 675,351, according to the ABI
research group, which interprets data collected by the National
Bankruptcy Research Center.
“Rising unemployment on top of high pre-existing debt burdens is a formula for higher bankruptcies through the
end of this year,” ABI Executive Director Samuel Gerdano said in a statement. The group, composed of
lawyers, accountants, bankers and judges, is based in Alexandria, Virginia.
Debt problems don’t stop with sub-prime borrowers. Celebrities who filed for bankruptcy in July included movie
actor Stephen Baldwin, who sought protection from creditors after lenders began foreclosure procedures
against his home. Lenny Dykstra filed for Chapter 11 bankruptcy in a petition that says the former Major
League Baseball All-Star owes between $10 million and $50 million.
Banks Hurt
Also last month, con man lawyer Marc Dreier’s luxury Manhattan condominium sold for $8.2 million, 21 percent
less than what he paid two years ago, in an auction at U.S. Bankruptcy Court in Manhattan. Proceeds will be used
to pay creditors in Dreier’s bankruptcy case and victims of Dreier’s fraud, said Salvatore LaMonica, trustee in the
Chapter 7 bankruptcy case.
Steeply rising filings by consumers are hurting commercial banks. JPMorgan Chase & Co., the second-largest
U.S. bank, predicted more losses on consumer loans last month even as it announced a rise in second-quarter
profit on record investment banking fees. Chief Executive Officer Jamie Dimon said he doesn’t expect the credit
card business to make a profit this year or in 2010, and the company increased its loss projections for prime and
subprime mortgages.
Credit Card Losses
JPMorgan said losses in its Chase credit-card portfolio may be 10 percent next quarter and will be “highly
dependent” on unemployment after that. Losses for cards issued by Washington Mutual, which the bank acquired
in September, may reach 24 percent by the end of the year, the company said.
JPMorgan’s credit cards lost $672 million, compared with income of $250 million in the second quarter last year.
Home- equity charge-offs climbed to $1.3 billion, or 4.61 percent. Prime mortgage defaults rose to $481 million,
or 3.07 percent, from $104 million, or 1.08 percent a year earlier.
Dimon, 53, said the company supported “proper consumer protection” and that pending legislation setting up an
agency to monitor consumer lending practices would hurt short-term profits in credit cards.
Congress, in October 2005, enacted the Bankruptcy Abuse Prevention and Consumer Protection Act, a legislative
reform package intended to make it harder for consumers to get court orders wiping out their uncollateralized
debt.
The act required debt counseling and a means test for would-be filers.

FTC, Protecting the Consumer or Shutting Down Their Lifeline?

Monday, August 10th, 2009

According to a recent New York Times article the FTC’s effort to shutdown misleading debt relief companies may reach too far.

Initiatives underway are calling for debt settlement to fall under the umbrella of debt collection style telemarketing rules. In addition, it will target many of the up-front fees that sustain debt-relief companies. According to the New York Times the proposal looks like this:

“The proposal calls for a regulatory switch that would apply telemarketing rules to debt relief companies that receive telephone calls in response to advertising, as well as to those that reach out to consumers. It would ban debt relief companies from charging fees before providing services; prohibit them from making misleading claims about how fast they can help or how much money they can save for someone, and from masking for-profit companies as nonprofit agencies.”

Many debt settlement businesses think that the FTC lacks an understanding of their business model and may end up hurting people that need their services.

One representative of the debt industry explained it like this:

”Our goal is to try to get people out of debt, but in a sense this would make us a creditor as well,” said Wesley Young, the legislative director for The Association of Settlement Companies, a trade group for the industry. He noted debt settlement can take two or three years, leaving companies providing lengthy services without taking in any revenue, and possibly then being left holding a bill if the consumer doesn’t pay.

A case involving numerous creditors and substantial debt could require numerous phone calls for settlements to be arranged, Young said. ”We think this will hurt the service we provide to the consumer and they’ll be less successful in the programs.”

What do you think? Is the FTC protecting the consumer or potentially wiping out the viability of the businesses that can help them?