All posts by Barbara Nevins Taylor

Christie Slams National Flood Insurance


New Jersey  Governor Chris Christie slammed the National Flood Insurance program administered by FEMA for dragging it’s feet.  He says it, “…has stunk,” because only 30% of homeowners’ flood insurance claims have been addressed.  He is calling on FEMA to speed things up.  His administration now plans to require insurance companies to respond to emergency requests within five business days and will allow only a one time five day extension for them to respond.

Christie says homeowners paid their insurance premiums on time and deserve to have their claims fulfilled.  Without timely action by the flood insurance program he says homeowners can’t plan, and his administration can’t figure out who needs additional help.

FEMA didn’t respond directly to what Christie said,  but a spokesman told ConsumerMojo.com in New Jersey it’s estimated based on the data received that, “There have been about 73,000 total claims and about 37,000 have been closed. In addition, he said, “Many more have received advance or partial payments. ”

In dealing with all of the Sandy issues he said,   “FEMA’s top priority is to get resources to those in need as quickly as possible, while also meeting our requirements under the law. That’s why we’ve given our private sector partners additional flexibility to quickly pay advance and partial payments, and reduced paperwork requirements so the process can move as quickly as possible. Of the more than  140,000 (total) claims that have been filed, more than half have been closed and $3.7 billion has been paid out to survivors. We won’t be satisfied until policyholders have received payments for all covered losses.”

Common Sense Immigration Reform


President Obama called for common sense immigration reform that protects borders, creates a pathway to citizenship for young immigrants already here, and improves the legal immigration system for those who want to come in the future.  

In a speech in Las Vegas, he said now is the time to act to bring the 11 million undocumented immigrants in the U.S. out of the shadows.

“Think about it — we define ourselves as a nation of immigrants.  That’s who we are — in our bones.  The promise we see in those who come here from every corner of the globe, that’s always been one of our greatest strengths.  It keeps our workforce young.  It keeps our country on the cutting edge.  And it’s helped build the greatest economic engine the world has ever known.

After all, immigrants helped start businesses like Google and Yahoo!.

They created entire new industries that, in turn, created new jobs and new prosperity for our citizens.

In recent years, one in four high-tech startups in America were founded by immigrants.  One in four new small business owners were immigrants, including right here in Nevada — folks who came here seeking opportunity and now want to share that opportunity with other Americans.”

The President praised the immigration reform framework presented by a bi-partisan group of senators, but said if they don’t propose concrete legislation. He will.

While many employers especially farmers who rely on immigrant labor support the reform and agree that it is overdue, opposition is already growing and border security is expected to be one of the big issues.

 

Crackdown on Debt Relief Scams

We get the calls frequently at our home.

Robocallers offer to help reduce credit card debt. We’re on the Do Not Call Registry, but these sales people call anyway. We rarely pick up the phone when Caller ID alerts us that it’s a robocall, or a sales person. We know that they don’t really want to help anyone but themselves.

They call and promise to help you reduce your credit card debt and it sounds great.  But most of these companies take your money and do little to help. 

For the seventh time in three months, the Federal Trade Commission (FTC) took action against a company it says, “falsely promised to save consumers thousands on credit card debt.” 

This time it was a Florida company, Innovative Wealth Builders, Inc,(IWB).  Since 2009, the company  allegedly made cold-calls to consumers to pitch a deceptive credit card rate reduction program. They charged between $500 and $2,000 and promised to refund all fees if the consumers didn’t get action.

The FTC says, IWB didn’t help.  Instead they sent consumers a “financial plan,” which compared debt reduction if they paid the monthly minimum on what they owed to what their debt might be if they paid a larger amount each month.  When dissatisfied consumers demanded refunds, the FTC’s complaint alleges the IWB refused.

So at the FTC’s request a federal judge in Tampa  temporarily shut down the IWB until the complaints against it are settled.

One company may be out of business temporarily,  but there are many, many more.  How should you treat these telemarketers when they call offering a service?  Our video offers good advice.

Gang of 8 Support for Immigration Reform

Support for immigration reform by a group of senators who call themselves the “Gang of 8” doesn’t offer an immediate fix or concrete plans.  But at a news conference, they did talk about the pressing need to grant citizenship to most of the estimated 11 million undocumented immigrants who live and work in the U.S.  Senators Chuck Schumer, Democrat from New York, John McCain, Arizona Republican, Robert Menendez, Democrat from New Jersey, Dick Durbin, Democrat from Illinois, Lindsay Graham, Republican of South Carolina, Jeff Flake, Republican of Arizona, Michael Bennet, Democrat from Colorado say they’ve been working on this since last year and recognize the time has come to act.

 

Here’s what they’d like to do:

 

“1. Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required;

2. Reform our legal immigration system to better recognize the importance of characteristics that will help build the American economy and strengthen American families;

3. Create an effective employment verification system that will prevent identity theft and end the hiring of future unauthorized workers; and,

4. Establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers.”

 

Plan To Ease Student Loan Debt


Is bankruptcy the answer to crippling student loan debt?  Some Democratic U.S. Senators think so.  In response to the more than  $1 trillion in outstanding student debt, Dick Durbin of Illinois, Iowa’s Tom Harkin, Minnesota’s Al Franken,  and Rhode Island’s Sheldon Whitehouse and Jack Reed started the new year by  re-introducing legislation to try to help. The Fairness for Struggling Students Act of 2013 would allow students with private loans to go to bankruptcy court. Right now they can’t.  This however, would not apply to government loans.  You can’t get rid of them in bankruptcy court either.

Senators also introduced the The Know Before you Owe Act of 2013, which makes a lot of sense.  It introduces the idea  of transparency to protect students from expensive private loans. It would require schools to counsel students to see if they have options including untapped federal student aid.  Federal  student loans have fixed interest rates and include consumer protections.  Private student loans have uncapped variable interest rates, high origination fees, and lack consumer protections according to the senators.  The legislation would also require a student’s school to confirm enrollment, cost of assistance and estimated federal financial aid available before the private loan is approved.

Mortgage Protection Rules

New rules from  the  Consumer Financial Protection Bureau  (CFPB) will  go a long way toward eliminating risky mortgages, and the possibility that high pressure tactics will lead you to get a mortgage you can’t afford. 

Loan officers, mortgage brokers and others who initiate mortgages often give you  a choice of options for mortgages.  We explain all the choices in our videos “How Do I Shop For a Mortgage,” and “Mortgage Fees.”  

The problem is that before the mortgage crisis unscrupulous loan initiators often steered consumers to high fee loans because they made more money that way.  Most of the  rules, which  go into effect January, 2014 will ban the questionable practices.

Here’s what the rules will do:

Prohibit steering incentives: The rules prohibit compensation that varies with the loan terms. A broker or loan officer cannot get paid more if the consumer takes a loan with a higher interest rate, a prepayment penalty, or higher fees.

Moreover, the mortgage originator cannot get paid more if, for example, the consumer agrees to buy title insurance from the lender’s affiliate.

Previously, loan originators could make more money by getting the consumer to buy these services from the lender, broker, or one of their affiliates.
Prohibit “dual compensation”:

Under the CFPB’s rules, the loan originator cannot get paid by both the consumer and another person such as the creditor.

Set Qualification and Screening Standards: Under state law and the federal Secure and Fair Enforcement for Mortgage Licensing (SAFE) Act, loan originators currently have to meet different sets of qualification standards, depending on whether they work for a bank, thrift, mortgage brokerage, or nonprofit organization. These rules implement Dodd-Frank Act requirements that require a more level playing field so consumers can be confident that originators are ethical and knowledgeable. The final rules generally include:

  • Character and Fitness Requirements: Loan originators must meet character, fitness, and financial responsibility reviews;
  • Criminal Background Checks: Loan originators must be screened for felony convictions; and
  • Training Requirements: Loan originators are required to undertake training to ensure they have the knowledge about the rules governing the types of loans they originate.

The final rule also implements Dodd-Frank provisions that, for mortgage and home equity loans, generally prohibit mandatory arbitration of disputes related to mortgage loans and the practice of increasing loan amounts to cover credit insurance premiums.

Banks To Provide Payment To Borrowers

By Matthew Vann

Banks continue to pay the price for wrongfully foreclosing on homeowners who should have been allowed to remain in their homes. The U.S. Federal Reserve said that Goldman Sachs and Morgan Stanley will pay a combined total of $557 million to settle federal complaints from homeowners.

Goldman and Morgan Stanley will pay $232 million in cash compensation to borrowers who qualify and  $325 million for loan forgiveness and modifications.

A payment agent will be appointed to handout payments to borrowers on behalf of the banks, the Federal Reserve said in a news release. Eligible borrowers should expect to be contacted by the end of March with payment details.

Borrowers may receive compensation ranging from hundreds of dollars up to $125,000, depending on the type of banking error that was made.

The terms of the deal are similar to the $8.5 billion settlement announced last week with several major U.S. Banks including Bank of America, JPMorgan Chase, Wells Fargo, Citigroup, MetLife Bank, PNC Financial Services, Sovereign, SunTrust, U.S. Bank and Aurora.

Mortgage Applications Up By 15%

By Matthew Vann

U.S. home mortgage applications rose for two consecutive weeks, according to the Mortgage Bankers Association.

The MBA said there was a 15 percent increase in mortgage application activity, including home purchases and refinancing, for the week ending January 11.

The average contract interest rate for 30-year fixed-rate mortgages, however, remained unchanged at 3 percent. Such record-low interest rates encourage homeowners to refinance their current mortgages and attract new buyers as well.  Tough credit restrictions, however, still bar some potential borrowers from filing mortgage applications.

The news comes a week after the Consumer Financial Protection Bureau announced new lending guidelines to ensure that mortgage borrowers can afford to repay their loans.

MBA agrees that the goal of this regulation, ensuring that borrowers receive loans that they can repay, is in everyone’s best interest,” said Debra Still, the MBA chairwoman.   “Our concern has always been that we balance this goal with other housing policy objectives, particularly the objective to ensure the availability of mortgage credit to qualified borrowers.”

Warning For Credit Reporting Companies

Companies that collect and provide information about your check-writing, medical payments, rent payments, and insurance claims, received warning letters from the Consumer Financial Protection (CFPB) pointing out that they are required to provide you with free copies of their reports.

Sample Experian Credit Report

The three largest credit bureaus, Experian, Trans Union and Equifax routinely provide free credit reports, either directly, or through annualcreditreport.com. But there are approximately 400 reporting agencies and the CFPB found that many do not offer the targeted credit reports to consumers.

“Nationwide specialty consumer reporting agencies can have great influence over a consumer’s tenancy, insurance premiums, or even employment,” said CFPB Director Richard Cordray. “Today, the CFPB is reminding these companies that they must follow the law and provide consumers with easy access to their free annual report. If we have reason to believe that companies are not following the law, we will take action.”

You can find a list of these specialty reporting companies at http://files.consumerfinance.gov/f/201207_cfpb_list_consumer-reporting-agencies.pdf

watchmoreMy Credit Score-No Lies,

How To Improve My Credit-The Truth

Hud Sees Housing Market Turnaround

By Matthew Vann

Housing indicators showed sustained growth in home prices according to a December report released last week by the U.S. Department of Housing and Urban Development.

“As the December housing scorecard indicates, our housing market is continuing to show important signs of recovery – with the FHFA and Case-Shiller housing price indices up 5.6 percent and 4.3 percent, respectively, from one year ago,” said HUD Senior Advisor on Housing Finance Michael Berman.

The report singles out several positive growth factors in the housing market including housing prices, which showed large annual gains for the 12 months ending October 2012.  6 million homeowners received mortgage aid, including loan modification, through the Making Home Affordable Program.

More than 81,000 mortgages were refinanced under the Home Affordable Refinance Program in October.  That brings the total number of refinanced home loans to 790, 600 since the start of 2012.

The report also pointed to the rising equity for homeowners, which is now nearing $8 trillion, as a strong indicator of a turn around in the housing market.

“The Administration’s programs to prevent foreclosure have helped millions of families stay in their homes and prompted critical changes in the way the mortgage industry assists struggling homeowners, which have helped our country recover faster from an unprecedented housing crisis,” said Treasury Assistant Secretary for Financial Stability Tim Massad.

Consumer Watchdog Outlines Mortgage Safety Rules

By Matthew Vann

With the goal of avoiding another housing bubble, the Consumer Financial Protection Bureau today announced new lending guidelines to ensure mortgage borrowers can afford to repay their loans.

Banks must now verify a borrower’s income, debt and employment status before approving a loan.

“The Ability-to-Repay rule will help ensure that lenders and consumers share the same basic financial
incentives,” said Richard Cordray, the bureau’s director, in a statement on the agency’s website. “When consumers sit down at the closing table, they shouldn’t be set up to fail with mortgages they can’t afford.”

With these rules, lenders can expect several restrictions, such as bans on “interest-only”, “no documentation” loans, and loans that burden borrowers with payments exceeding 43 percent of their income.

Lenders must follow several guidelines to make sure the loan they provide is a “qualified mortgage”, which eliminates risky loan features such as interest only or balloon payments.

The new rules aim at getting banks back into the habit of lending again, which they have been slow to after the Dodd-Frank Act placed new banking regulations into effect in 2010.

The CFPB guidelines also create a safe harbor for banks and lenders who follow the rules, which effectively ensures they can’t be sued for reckless practices. Borrowers can only sue if they are able to show they didn’t have the required income to pay the mortgage and living expenses

Banks will have up until January of next year to begin complying with the CFPB guidelines.

Key Steps to Plan Retirement


by Barbara Nevins Taylor

Who wants to consider aging, or the prospect of being old? You know the answer.

So the word “retirement,” and the phrase “retirement planning,” often seem like they involve other people. But here’s where optimism about the future needs a boost from a plan that you make, whatever you call it.

A MetLife Mature Market Institute study found that a 65-year-old man today has a 41% chance of living to 85 and a woman has a 63% chance. With those long lives ahead of us, we need to think about how we will support ourselves, protect ourselves and maintain control over our lives and assets.

Remember the saying, “Necessity is the mother of invention?” While no one is sure who said it, maybe Plato, necessity in this case means creating a blueprint for the way that you want to live the important years of your life.

We need to treat the inevitability of getting older the way we’d approach our business or professional lives.  Attorney Stuart Schoenfeld says, “The sooner you start to plan the more choices have. The longer you wait the more likely it is that you lose your independence and control.”

You want to put your ideas about your future, and what comes later, on paper.

Here are the first steps to take:  

  1. You need a WILL.
    Your will should clearly spell out how you would like to leave your assets to your heirs or others.  Planning saves heartache and headaches for you, and eliminates any questions people may have later.
  2.  You need a HEALTH CARE PROXY
    A health care proxy is extremely important.  This document legally designates someone to help with doctors and hospitals if you get sick. Experts advise it, and I know it it’s true because of my personal experiences caring for my mother and elderly relatives.  If you don’t have a health care proxy, the current laws prevent medical professionals from discussing your case with anyone but you. And that’s okay to a point.  But it’s imperative to have an advocate when you deal with doctors especially in an emergency setting. So a health care proxy designates the person you want to help you get the best care possible.
  3.  You need a LIVING WILL
    This makes your wishes crystal clear about how you want medical personnel to treat you in extreme situations. You can choose to say that you want to be resuscitated and kept on life support,  or say that you do not want extreme measures used to keep you alive. This is all up to you, and your wishes should be recorded in a legal document.
  4. You need a POWER OF ATTORNEY
    This designates someone to handle your personal and business affairs while you’re alive, if you cannot do things yourself.  Even if you can do things, it’s always a good idea to have a trusted person assist. It’s smart to get a qualified estate lawyer to help make these plans and put them on paper. If you can’t afford a lawyer, some states and local bar associations offer online forms. But be careful. The American Bar Association, www.aba.org offers a state-by-state list of clinics and not-for-profits that offer affordable and even free legal help.

 

MONEY AND SAVINGS

Studies also indicate we don’t start thinking about saving money for retirement early enough. Many wait until their fifties, or later.   And more than 36% of Americans are not saving for retirement according to a recent Capital One Sharebuilder survey.

Even if you are just starting out experts advise that you take advantage of every opportunity to save.

  1. Your company 401 KA 401K is set up by your employer. It allows you to invest money regularly. This money is not subject to taxes, if you keep it in the plan until  retirement. If you withdraw money before you are 59 ½ there’s a 10% penalty.  The downside is that your company decides where the money should be invested.
  2.   Creating an IRA
    An IRA (Individual Retirement Account) allows you to put money, before it’s taxed, into an investment plan. You can choose how the money is invested, but if you withdraw it early there is a 10% penalty.
    You do pay taxes on your profits when you withdraw from an IRA at retirement. And you have to begin withdrawing money when you are 70 ½.
  3.  Creating a Roth IRAA Roth IRA differs from a traditional IRA in that you pay taxes on the money before you invest in the plan and your contributions are not tax deductible. The upside is that your earnings are tax-free once you start to withdraw money. And the IRS says money from a Roth account does not have to be withdrawn until after the death of the owner.
  4.  Savings
    Socking money away in a savings account is still a solid way to save. But because interest rates are so low at this time, you won’t make much money by allowing a bank to hold it. For more on the tax consequences of investing plans visit www.irs.gov

SOCIAL SECURITY

Faye Reddit of the MetLilfe Mature Market Institute says, “We think of retirement as a three-legged stool. We know that basically it’s built on the idea of having a pension, which many people don’t have, although many people have a 401 K, personal savings and Social Security.

  1. Social Security is our basic benefit.
    Although you qualify at 62, it’s suggested you wait until you’re at least 66 to claim the monthly payments.  Every year that you wait, you get an extra 8% up until 70 years old.
    For example: If you start to collect at:
    62-you qualify for $650 a month
    66-you’d get $1,000 a month
    70-you’d get  $1320.

After you’re 66 you can work, earn an unlimited amount, and still collect Social Security without deductions from your monthly benefit.

readmore Pension Advance Investigation

 

HOME

Our homes are usually are biggest assets and as with everything else, it’s important to think about how you will use this asset and the money that it has made for you over the years.

Tax attorney Robert Barnett says, “The IRS code allows special exemptions for the sale of your house. They will allow a single person to say $250,000 will be exempt, and a married couple will double that to $500,000. So people who bought their homes years ago and have seen a large fluctuation in value need to protect the ability to maintain those exemptions.”

Lawyers suggest putting your home, stocks and other assets into a trust to avoid probate court fees after you die. A trust allows you to live in the home. But the house and assets go to your heirs. A trust also gives you the opportunity to lay out instructions about what to do with the money in the trust.

  1. Revocable Trust
    Can be changed.
  2. Irrevocable Trust
    Can’t be changed.

MEDICAID AND THE TRUST

Protecting the assets become an issue if you become very ill, or go into a nursing home and need to use Medicaid to supplement Medicare.  In addition, putting assets in a trust early may help you qualify for what’s called “Community Medicaid.”  That allows you to stay at home and get Medicaid help for care.

Medicaid is primarily funded by the federal government, but administered by the states. And each state has different income and asset requirements. In New York State, for example, the income limit for one person is $14,250. In New Jersey it’s about $5,000.

It’s difficult to hide your money. Medicaid in every state does a five-year review for eligibility.  Attorney Stuart Schoenfeld explains, “If you’ve transferred assets to a trust or children within five years, you’ll be disqualified from Medicaid for a period of time.

FIGURING IT OUT

This is all extremely complicated, but it is not rocket science and you can conquer the information to take control of your destiny and your money.  Legal help is important, and a good geriatric care manager can be invaluable.

New York City-based geriatric care manager Joanne Lehman says, ”We come in and do an assessment of your needs and create a plan. We help you investigate all of the options, fill out the paperwork, work with attorneys and follow up to make sure that you have what you need.”

You can find a geriatric care manager through the professional organization at www.caremanager.org

 

Find Out If Refinancing Is Worth It

Before mortgage rates start inching up, you might want to consider refinancing But first, get ahead of the banker, or broker, and  figure out if refinancing is worth it for you.

Refinancing is great only if the fees you pay to get the new mortgage don’t exceed the amount you’ll save and don’t add to your mortgage debt. The cost is often surprising.

KEEP FEES LOW

Treat this like a business deal. You want to keep the fees low and try to get the best interest rate possible.  Every bank has a different set of rules and offers different deals. Real estate attorney Adam Leitman Baily says, “Banks are competing for your business. Let them do that.”  

Shop around.

Eric Ruskiewicz, Vice President of Residential Lending at Amalgamated Bank says, “Every bank will have different goals at a certain time.”

Be aware that rates change weekly and the rate you get is likely to depend upon your credit score.  Banks use the Fico Score, which is a statistical compilation of your credit-worthiness to determine what rate they will offer you.

FICO scores range from 350 to 850 and the higher the score the better. In New Jersey, Kenneth Totten, Vice President of Metuchen Savings Bank says, “If you have a 740 or better, that’s considered A-credit.

But again, each bank has its own way of doing business, and that’s good news for you. TD Bank‘s Senior Vice President Mike Copley says, “We would look at anything from 680 and up. 

At Amalgamated Bank, Ruskiewicz says, “The lowest we go is 620, which most people would qualify for.”  

GOOD FAITH ESTIMATE

Once the bank decides it wants your business and offers an interest rate, ask about the fees. The bank will give you a Good Faith Estimate, which will list the fees. Fees generally cost 2-3 percent of the loan. 

For example, if you have a $500,000 mortgage and pay 2 ½ percent, you’ll spend $12,500 on fees.

Some fees are negotiable.  But they generally don’t tell you that upfront.

You have to be willing to ask the bank to drop a fee, or lower it. Rusckiewicz says “Fees you can negotiate, like everything else in life.”

That’s why you need to know what the fees are as early in the process as possible.

Almost the minute you start, you pay an APPLICATION FEE – $65 to $640 depending upon where you live. You can usually ask the bank to refund that if you go with their deal.

The LOAN ORIGINATION FEE – $2,000 to $3,000 – comes next. That’s for paperwork and processing the loan.

A lender may charge POINTS.

Each point is 1% of the loan. Banks charge points to reduce your interest rate, or to protect themselves with cash upfront if they don’t think your credit score is high enough.

These fees are often negotiable.

You must ask if you can get the loan without points. A bank may say, “Yes,” but charge a slightly higher interest rate.  Then you have to calculate what works for you.

Before the bank will make a loan, it orders an appraisal of your property. You pay the APPRAISAL FEE – $300 to $1,000. 

But again, if you ask the bank may pay for it.

You will pay an ATTORNEY’S FEE – the bank’s attorney – $500 to $1000.

You’ll also pay a NOTARY FEE – $250, and you’ll pay for a TITLE SEARCH, generally $700 – $900 or more

Title searches are particularly important if you are buying a property. Both the bank and you need to know that no other person, corporation or bank has a claim to the property. 

But because you are refinancing, you can ask to limit the title search to the amount of time that you’ve owned the property.  That should bring the fee down significantly.

Nevertheless, you’ll pay for TITLE INSURANCE for you and the lender. It’s usually a percentage of the loan. Fees range from $175 to more than $4,000 depending upon where you live.

And banks generally require PRE-PAID TAXES and HOME OWNERS INSURANCE, which they hold in escrow until they’re paid out.

GOVERNMENT RECORDING FEES and TRANSFER TAXES also add to the bill. These vary from state to state. 

New York State has the Consolidation Extension Modification Agreement, or CEMA. This is an agreement between banks that transfers the tax you paid originally, so that you don’t have to pay it twice. But some banks don’t honor the agreement and they are not required to do so. 

My husband and I recently refinanced and we stayed with the bank that originally made our mortgage because it does not transfer the tax required if you refinance with another lender.

We essentially were held hostage but without the transfer tax and with other fees we negotiated down, we got a good deal.

Yet, sometimes the overall fees are so high that it’s not worth refinancing. Amalgamated’s Rusckiewicz points out, “If you only have $30,000 left on your mortgage, it really doesn’t pay. You’re better off taking that money you pay for closing costs, putting it into your mortgage and doubling up your payments.”

Once you know what all of the fees are, shop around to see if you can get a better deal with another lender.  If you do that, make sure that you get a copy of your credit report, and don’t let the second or third bank run the report again.  Multiple inquiries affect your credit score.