Mortgages and Money Blog

With the economy in free fall and unemployment on the rise, over 5 million homeowners are facing an unfortunate reality of a lost job and tough times ahead. If you’re one of these American’s, you have already looked in your crystal ball and realized how far you can stretch what you have in cash assets. Incorporating your lost income, unemployment, or in many cases no unemployment in tough times ahead. We must consider life’s essentials: Shelter, Electricity, and Food.

The latest credit industry polls show that on average American’s are 130% in debt. That means that 130% of their monthly income goes to debt or debt reduction. We are not suggesting you ignore your credit card or car payments, but if your crystal ball shows that your war chest is irreplaceable over the next 3 to 6 months; it’s time to consider an alternative approach (i.e. preparation for bankruptcy, or foreclosure) and stretch the dollars you do have in the interim to cover Shelter, Electricity, and Food. Compare what your grandparents would have done; pay for the big screen TV or make sure there is food in the fridge? The average four (4) person U.S. family consumes about $1,000 in food per month- that is your big screen TV!

Bankruptcy: After you have completed re-negotiating your unsecured debt (credit cards), and secured debt (boats and cars); you can now re-evaluate your monthly financial situation. If it looks and feels a little bit better, then be positive. If after a few days, or even months, it seems to have had little to no impact, then it may be time to declare bankruptcy. Bankruptcy is no longer the end of diplomatic relations with your creditors, but it does require that you seek an attorney if you want to maximize your effectiveness in what assets you are allowed to maintain and not sell. If you declare bankruptcy, but want to keep the car you are still paying for then you can keep it out of bankruptcy. As long as it is secured by another creditor, you do not have to declare bankruptcy on the item. Normally in bankruptcy, unless a car has a secured loan on it outside of bankruptcy, you are allowed to keep a car with a value of up to $5,000 to avoid a forced sale if you own the car free and clear. Consult an attorney for the best approach when declaring bankruptcy or debt reduction to fully understand your rights prior to declaration.

Boat or Vehicle Loans (secured credit): Not all debt is unsecured (i.e. credit cards). If you have a car and the payment is killing you, then perhaps you should consider a voluntary vehicle turn-in. You can do this by contacting your vehicle loan company and conducting the transaction similarly as you did with a credit card- let’s rehearse. You must be able to explain your hardship. For example, you lost your job. Pick up the phone, and call. When they answer talk to them: ” I have a car loan with you, and I lost my job and I can no longer afford the payments. I would like to speak to a loan officer regarding a voluntary turn-in of the vehicle because I don’t want you to repossess it from me.” They are going to do one of two things, (1) Tell you where to bring the vehicle, or (2) They will attempt to talk you into keeping the car and changing the credit terms. Remember, the automakers are producing over 10 Million cars per year, with the auto market down over 42% just in the last six months. Nobody wants a used car on their lot. If your creditor would like to refinance, then you have an opportunity to keep your car and lower your payments. As an average, say your $300-a-month car payment should be able to be knocked down to $200-a-month. Base this on the same interest rate with no penalties. See if they will go for it. If not, tell them you are going to write them a letter and tell them to come pick it up and stop your payments immediately. You will be responsible for any deficiency and the difference of the value they sell the car for, but now you have moved back to (1) and have an unsecured debt to them as if you have a credit card. New debt, new negotiations. The same scenario would apply to anything in store financed (i.e. televisions, furniture), or boats and jet skis. Look at your loan agreement for the words “secured” to decide if you have a secured debt. Bankruptcy: After you have completed re-negotiating your unsecured (credit cards), and secured debt (boats and cars); you can now re-evaluate your monthly financial situation. If it looks and feels a little bit better, then be positive. If after a few days, or even months, it seems to have had little to no impact, then it may be time to declare bankruptcy. Bankruptcy is no longer the end of diplomatic relations with your creditors, but it does require that you seek an attorney if you want to maximize your effectiveness in what assets you are allowed to maintain and not sell. If you declare bankruptcy, but want to keep the car you are still paying for then you can keep it out of bankruptcy. As long as it is secured by another creditor, you do not have to declare bankruptcy on the item. Normally in bankruptcy, unless a car has a secured loan on it outside of bankruptcy, you are allowed to keep a car with a value of up to $5,000 to avoid a forced sale if you own the car free and clear. Consult an attorney for the best approach when declaring bankruptcy or debt reduction to fully understand your rights prior to declaration.

Foreclosure: After you have addressed your secured and unsecured creditors, it is time to address your mortgage. In Florida, we have the protection of the Homestead Exemption Statute. Without going into too much detail, what it essentially means is that unless you have a mechanics lien, or a judicial decree, nobody can take your home away but your mortgage company (unless eminent domain issues apply). Just as you did with your secured and unsecured debt, you want to call your mortgage company. First, you pick up the phone and say, “I lost my job, I have no money and I believe I am not going to be able to pay my mortgage shortly.” Your options are similar as before: (1) Lower my interest rates or monthly payments, (2) Restructure my loan agreement, or (3) Talk to my attorney because I can’t afford my house. After this phone cal is made, you need to consult an attorney about the next step to take. You need to consult an attorney before you make one more house payment. Do not worry because you are not going to get kicked out of your house tomorrow. We have all seen claims that can be postponed indefinitely. The fact is nobody really knows how long it can be postponed, as the courts begin to be clogged with foreclosures; yet, if you have to pay a power bill or your mortgage at this point – pay your power bill. The electrical company can cut you off, there is no laws that say they have to put you back on. The power company is absolute. You consumed the power, so consider your wallet wisely if you know your going to go under with your mortgage conserve your assets to take care of the same things our grandparents would a roof over your head, electricity, and food. It is the ultimate fall back situation, but faced with the alternative many of us will have little choice but to recess until the billion dollar budget plans put in place by the federal government, and a general credit stabilization takes place.

There is no need to be ashamed nor afraid; you are a survivor and this is part of surviving. Material things can be replaced. See your icebergs before they arrive, and start planning ahead. Keep a three (3) month plan in place, if you get within the ninety (90) day period and do not see the light at the end of the tunnel, you must hunker down and take care of the primary things that support life – shelter, electricity, and food.

James Kunkel is a contributory to the AIM Law Group. The AIM Law Group’s practice areas include debt reduction, bankruptcy, and Orlando Foreclosure Lawyers. The AIM Law Group Orlando Lawyers offices in Central Florida. We work with the Akron Bankruptcy lawyer and Foreclosure Prevention Ohio