Posts Tagged ‘debt negotiations’

Let the creditor negotiate with you!

Monday, December 29th, 2008

Many people look for debt negotiators in the process of settlement feeling they do not have the understanding and ability to negotiate for themselves.  This can be partially true but a fuller understanding of possibilities is definitely warranted.  Many negotiation companies do little to actually “negotiate” your debts.  More often than not, the process they espouse is a matter of just not communicating with the creditor until the debts are long past due where creditors actually begin offering settlements!  Now, the actually amounts of these settlements depends on many factors such as your “collectable” rating, or the possibility of them ever being able to collect the full debt, as well as other considerations such as visible assets and their understanding of your financial position.  This helps them decide if they will settle or pursue lawsuit.  Many banks have strict policies as to how they negotiate and it often results the same regardless of who is working with them (a “professional” negotiator or you).  This is not always the case of course.  The approach I like the most (and hence our business is built on) is to structure yourself and your communications with creditors in such a way that you are protected and in a position to be offered the best settlements while providing the ability to more easily repair credit and potentially eliminate any tax burden left by the “forgiven” debt.  This, of course, is through asset protection (the Asset Guard) and the validation and resolution process.  One client recently received the following offer from an original creditor (pdf of letter):

offer-to-settle-10

Of course, every person sees different results but this is not any special exception.  This was actually offered to the client, not any special negotiator saving the day.  The important thing to realize is that a negotiator may be helpful but they are definitely not the magic solution.  This client didn’t make a single payment into some specially escrow account that was fee’d during the process either.  They haven’t decided to accept this offer, which is entirely up to them.  It can be great to maintain control…

Has anyone seen results by “negotiating” on their own? What about vs a professional negotiator, any difference?

Settlement of Secured Debt, is it possible?

Wednesday, December 17th, 2008

Many people, following the real estate bubble and burst have found themselves with not only credit card debt but homes and other assets that they are “upside-down” on.  Not only that, as with their credit card debts, they cannot afford to maintain the payments on these homes and assets.  Most solutions deal exclusively with unsecured debt (including Bankruptcy, your secured debts will still go to foreclosure. You don’t get assets free and clear in bankruptcy).  The options that are sought (or not, as they are the eventual automatic result of non-payment) usually include foreclosure (real property) or repossession (vehicles, other mobile assets).  This again looks bad on credit(which can be more difficult to clean off)  and puts you in a lose-lose situation with your assets.  You may be looking for and even finding options for your unsecured debts but feel left high and dry with your secured debts.

The new “rage” and solution is what most call “short sale” which is what we call deficiency negotiation.  This is not only a solution for homes and property but has extended to other assets such as vehicles.  PlanB has nurtured relationships that allow our clients to work with a highly experienced deficiency negotiation specialist on both homes (or property in general), and vehicles!  This provides an all-encompassing solution to the debt troubles of the current economy.  Whether you utilize PlanB or others, these options are a great alternative.  You are able to live in the home or drive the car until an agreement is reached, all without making payments (as this can hinder negotiations).  This does not mean they do not have the right to pursue foreclosure or repossession but are less likely due to your efforts in negotiation.  Once the deficiency is negotiated, you will basically be “forgiven” the amount above what the property sells for.  This allows you to get out from underneath the secured debts without foreclosure and is reported as a sale, paid-in-full, or “settled for less than owed” (which in our solutions we avoid, preferring the “paid in full” reporting status on your credit.  This is negotiated in the settlement).  You also do not pay anything extra in these solutions as any fees are negotiated with the banks similar to a real estate agent would normally receive fees from the sale.  Since you are upside down on the asset, you cannot “make” money anyway so allowing a specialist to assist you is a win-win situation.

Does anyone have any experience with other companies or know of other companies that offer solutions for secured debts?  If so, what is your impression or what has been your experience? Have you been able to do it on your own? How did that go or how has it gone up to now?

 

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