After attorneys made their cases for both the U.S. government and former Live Well Financial CEO Michael Hild regarding a restitution amount owed to the company’s creditors, a magistrate judge overseeing the issue has recommended that Hild pay more than $46 million.
The final amount will be determined by the trial judge. The funds will ultimately go to companies including Mirae Asset Securities, Industrial and Commercial Bank of China Financial Services (ICBC), Flagstar Bank, Customers Bank and the bankruptcy estate of Live Well itself, according to court filings reviewed by RMD.
Restitution amounts
Defense attorneys have argued in court filings — and in a recent hearing — that Hild should not, in some cases, be obligated to pay any restitution. Prosecutors for the government initially argued that he should owe $69 million to the companies that lent to Live Well and the defunct lender’s estate based on — what was determined in court to be — inflated valuations of interest-only bonds backed by Home Equity Conversion Mortgages (HECMs).
Attorneys for Hild and the government have been at odds for the better part of a year over restitution. After a January evidentiary hearing that included testimony from representatives of the impacted companies, the government revised its sought restitution amount to about $46.5 million.
Magistrate Judge Katharine Parker, who has submitted her recommendations to trial judge Ronnie Abrams in the U.S. District Court for the Southern District of New York, recommended that Flagstar receive $13.36 million; Mirae receive $7.4 million; ICBC receive nearly $17.8 million; Customers Bank receive $7.64 million; and the Live Well estate receive $253,850.
Each figure is broadly in line with the government’s revised calculations following January’s evidentiary hearing but are not exact in each case.
Hild objections
Counsel for Hild objected to each of the government’s recommendations for restitution on different grounds while broadly arguing that each of the companies “did not receive a competitive price for the bonds,” according to Parker.
Flagstar contended that it should be compensated for expenses it incurred by enlisting BlackRock to independently value HECM bonds, which Hild challenged, and Parker found Hild’s argument persuasive. That reduced Flagstar’s recommended restitution payment by roughly $102,000.
But most of Hild’s arguments were not persuasive, according to Parker.
“Whether or not the bonds were sold under ideal market conditions for the best possible price is irrelevant to the restitution calculation,” Parker said. “Fluctuations in the market value of the bonds was foreseeable — even if direction and degree of change was not.”
Since the fluctuation was influenced by the scheme for which Hild was convicted, Parker did not seriously entertain an argument for $0 in restitution in her final decision, she said.
Hild argued that in the case of Mirae, the company made “numerous revisions to their restitution submissions” which “renders the final submission not credible.” Parker found the contention out of place and inappropriate considering the types of cases cited to make his argument. His counsel argued based on civil cases, not criminal ones, Parker said.
Hild objected to ICBC’s proposed amount by saying the company did not receive a “fair market value” for the bonds they purchased, which Parker said is “irrelevant for the purposes of restitution.” But Parker agreed with Hild and the government in limiting ICBC’s claim for legal fees.
Impacts on restitution
As for Hild’s objections about restitution for Customers Bank — again based on bond pricing — Parker said his contention “is a slight reworking of Hild’s long-running argument that the victims actually benefited from holding on to the criminally inflated Live Well assets, or that the victims knowingly sold their assets at below market rates in order to ‘lock in’ an eventual award of restitution.” Parker characterized this argument as “based on conjecture and unavailing.”
For the Live Well estate, Hild argued that there is proof it communicated with the government in a manner not previously disclosed, and that it “was a beneficiary of settlement agreements that should have eliminated Hild’s restitution liability.”
Parker explained that any communications between the estate and the government had no bearing on a restitution amount owed, and that for the beneficiary argument, “it was Hild’s burden to provide evidence that those settlements completely offset his restitution obligations. […] He did not provide such evidence and, instead, the Estate provided testimony that the settlements do not offset any portion of the amount sought in restitution.”
Next steps
Final determination on restitution is now awaiting a decision from Abrams, the trial judge. As of March 1, she had not yet ruled on the matter, and it remains to be seen how a final amount will be divided between Hild and co-conspirators who have previously cooperated with the government and have avoided prison time as a result.
Hild remains free pending an appeal of his 44-month prison sentence, which is slated to play out in the Second Circuit Court of Appeals.
Increase in consumer interest toward home décor, rise in urbanized population, and rapid adoption of online sales channels drive the global DIY home décor
PORTLAND, 5933 NE WIN SIVERS DRIVE, #205, OR 97220U, UNITED STATE, February 27, 2024 /EINPresswire.com/ — According to the report published by Allied Market Research, the global DIY home décor market garnered $240.64 billion in 2021, and is estimated to generate $372.06 billion by 2031, manifesting a CAGR of 4.7% from 2022 to 2031. The report provides an extensive analysis of changing market dynamics, major segments, value chain, competitive scenario, and regional landscape. This research offers a valuable guidance to leading players, investors, shareholders, and startups in devising strategies for the sustainable growth and gaining competitive edge in the market.
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Report coverage & details:
Report Coverage Details Forecast Period 2022 – 2031 Base Year 2021 Market Size in 2021 $240.64 billion Market Size in 2031 $372.06 billion CAGR 4.7% No. of Pages in Report 339 Segments covered Type, Income Group, Price Point, Distribution Channel, and Region. Drivers Increase in consumer interest toward home décor Rise in urbanized population Rapid adoption of online sales channels Opportunities Increase in disposable income of consumers Improvement in lifestyle Rise in social media marketing Restraints Rise in cost of raw materials
Covid-19 Scenario:
The outbreak of the COVID-19 pandemic had a negative impact on the growth of the global DIY home décor market, owing to the implementation of global lockdown which resulted in the temporary closure of production facilities, especially during the initial period. Supply chain was disrupted due to import & export restrictions. Manufacturers faced shortage of labor and unavailability of raw materials. However, manufacturers focused more on social media advertisement to reach a large consumer base. Also, a rise in penetration of online sales channels boosted the growth of the market.
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The research provides detailed segmentation of the global DIY home décor market based on type, income group, price point, and distribution channel, and region. The report discusses segments and their sub-segments in detail with the help of tables and figures. Market players and investors can strategize according to the highest revenue-generating and fastest-growing segments mentioned in the report.
Based on product type, the floor covering products segment held the highest share in 2021, accounting for more than one-third of the global DIY home décor market, and is expected to continue its leadership status during the forecast period. However, the home textile segment is expected to register the highest CAGR of 5.8% from 2022 to 2031. The report also analyzes furniture segment.
Based on price point, the mass segment accounted for the highest share in 2021, contributing to more than half of the global DIY home décor market, and is expected to maintain its lead in terms of revenue during the forecast period. However, the premium segment is expected to manifest the highest CAGR of 5.5% from 2022 to 2031.
Based on distribution channel, the specialty stores segment accounted for the highest share in 2021, holding more than two-fifths of the global market, and is expected to continue its leadership status during the forecast period. However, the e-commerce segment is estimated to grow at the highest CAGR of 6.3% during the forecast period. The report also analyzes segments including supermarkets & hypermarkets, and others.
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Based on region, Asia-Pacific held the largest share in 2021, contributing to nearly one-third of the total market share, and is projected to maintain its dominance terms of revenue in 2031. In addition, the North America region is expected to manifest the fastest CAGR of 5.4% during the forecast period. The research also analyzes regions including Europe and LAMEA.
Leading market players of the global DIY home décor market analyzed in the research include Forbo International SA, Herman Miller Inc., Inter IKEA Systems BV, Kimball International, Mannington Mills Inc., Mohawk Industries Inc., OVERSTOCK.COM, INC., Shaw Industries Group, Inc, TARGET CORPORATION, Armstrong World Industries, Inc., Ashley Furniture Industries Ltd., Duresta Upholstery Ltd., WALMART INC., WAYFAIR INC, Williams-Sonoma, Inc.
The report provides a detailed analysis of these key players of the DIY home décor market. These players have adopted different strategies such as new product launches, collaborations, expansion, joint ventures, agreements, and others to increase their market share and maintain dominant shares in different regions. The report is valuable in highlighting business performance, operating segments, product portfolio, and strategic moves of market players to showcase the competitive scenario
David Correa Allied Market Research +1 5038946022 email us here Visit us on social media: Facebook Twitter LinkedIn
The VA home loan: Unbeatable benefits for veterans
For many who qualify, VA home loans are some of the best mortgages available.
Verify your VA loan eligibility. Start here
Backed by the U.S. Department of Veterans Affairs, VA loans are designed to help active-duty military personnel, veterans and certain other groups become homeowners at an affordable cost.
The VA loan asks for no down payment, requires no mortgage insurance, and has lenient rules about qualifying, among many other advantages.
Here’s everything you need to know about qualifying for and using a VA loan.
In this article (Skip to…)
Top 10 VA loan benefits
1. No down payment on a VA loan
Most home loan programs require you to make at least a small down payment to buy a home. The VA home loan is an exception.
Verify your VA loan eligibility. Start here
Rather than paying 5%, 10%, 20% or more of the home’s purchase price upfront in cash, with a VA loan you can finance up to 100% of the purchase price.
The VA loan is a true no-money-down home mortgage opportunity.
2. No mortgage insurance for VA loans
Typically, lenders require you to pay for mortgage insurance if you make a down payment that’s less than 20%.
This insurance — which is known as private mortgage insurance (PMI) for a conventional loan and a mortgage insurance premium (MIP) for an FHA loan — would protect the lender if you defaulted on your loan.
VA loans require neither a down payment nor mortgage insurance. That makes a VA-backed mortgage very affordable upfront and over time.
3. VA loans have a government guarantee
There’s a reason why the VA loan comes with such favorable terms.
The federal government guarantees these loans — meaning a portion of the loan amount will be repaid to the lender even if you’re unable to make monthly payments for whatever reason.
This guarantee encourages and enables private lenders to offer VA loans with exceptionally attractive terms.
4. You can shop for the best VA loan rates
VA loans are neither originated nor funded by the VA. They are not direct loans from the government. Furthermore, mortgage rates for VA loans are not set by the VA itself.
Instead, VA loans are offered by U.S. banks, savings-and-loans institutions, credit unions, and mortgage lenders — each of which sets its own VA loan rates and fees.
This means you can shop around and compare loan offers and still choose the VA loan that works best for your budget.
5. VA loans don’t allow a prepayment penalty
A VA loan won’t restrict your right to sell the property partway through your loan term.
There’s no prepayment penalty or early-exit fee no matter within what time frame you decide to sell your home.
Furthermore, there are no restrictions regarding a refinance of your VA loan.
You can refinance your existing VA loan into another VA loan via the agency’s Interest Rate Reduction Refinance Loan (IRRRL) program, or switch into a non-VA loan at any time.
6. VA mortgages come in many varieties
A VA loan can have a fixed rate or an adjustable rate. In addition, you can use a VA loan to buy a house, condo, new-built home, manufactured home, duplex, or other types of properties.
Or, it can be used for refinancing your existing mortgage, making repairs or improvements to your home, or making your home more energy-efficient.
The choice is yours. A VA-approved lender can help you decide.
Verify your VA loan eligibility. Start here
7. It’s easier to qualify for VA loans
Like all mortgage types, VA loans require specific documentation, an acceptable credit history, and sufficient income to make your monthly payments.
But, compared to other loan programs, VA loan guidelines tend to be more flexible. This is made possible because of the VA loan guarantee.
The Department of Veterans Affairs genuinely wants to make the loan process easier for military members, veterans, and qualifying military spouses to buy or refinance a home.
8. VA loan closing costs are lower
The VA limits the closing costs lenders can charge to VA loan applicants. This is another way that a VA loan can be more affordable than other types of loans.
Money saved on closing costs can be used for furniture, moving costs, home improvements, or anything else.
9. The VA offers funding fee flexibility
VA loans require a “funding fee,” an upfront cost based on your loan amount, your type of eligible service, your down payment size, and other factors.
Funding fees don’t need to be paid in cash, though. The VA allows the fee to be financed with the loan, so nothing is due at closing.
And, not all VA borrowers will pay it. VA funding fees are normally waived for veterans who receive VA disability compensation and for unmarried surviving spouses of veterans who died in service or as a result of a service-connected disability.
10. VA loans are assumable
Most VA loans are “assumable,” which means you can transfer your VA loan to a future home buyer if that person is also VA-eligible.
Assumable loans can be a huge benefit when you sell your home — especially in a rising mortgage rate environment.
If your home loan has today’s low rate and market rates rise in the future, the assumption features of your VA become even more valuable.
VA loan rates
The VA loan is viewed as one of the lowest-risk mortgage types available on the market.
Verify your VA loan eligibility. Start here
This safety allows banks to lend to veteran borrowers at lower interest rates.
Today’s VA loan rates*
Loan Type
Current Mortgage Rate
VA 30-year FRM
% (% APR)
Conventional 30-year FRM
% (% APR)
VA 15-year FRM
% (% APR)
Conventional 15-year FRM
% (% APR)
*Current rates provided daily by partners of the Mortgage Reports. See our loan assumptions here.
VA rates are more than 25 basis points (0.25%) lower than conventional rates on average, according to data collected by mortgage software company Ellie Mae.
Most loan programs require higher down payment and credit scores than the VA home loan. In the open market, a VA loan should carry a higher rate due to more lenient lending guidelines and higher perceived risk.
Yet the result of the Veterans Affairs efforts to keep veterans in their homes means lower risk for banks and lower borrowing costs for eligible veterans.
VA mortgage calculator
Eligibility
Am I eligible for a VA home loan?
Contrary to popular belief, VA loans are available not only to veterans, but also to other classes of military members.
Find and lock a low VA loan rate today. Start here
The list of eligible VA borrowers includes:
Active-duty service members
Members of the National Guard
Reservists
Surviving spouses of veterans
Cadets at the U.S. Military, Air Force or Coast Guard Academy
Midshipmen at the U.S. Naval Academy
Officers at the National Oceanic & Atmospheric Administration.
A minimum term of service is typically required.
Minimum service required for a VA mortgage
VA home loans are available to active-duty service members, veterans (unless dishonorably discharged), and in some cases, surviving family members.
To be eligible, you need to meet one of these service requirements:
You’ve served 181 days of active duty during peacetime
You’ve served 90 days of active duty during wartime
You’ve served six years in the Reserves or National Guard
Your spouse was killed in the line of duty and you have not remarried
Your eligibility for the VA home loan program never expires.
Veterans who earned their VA entitlement long ago are still using their benefit to buy homes.
The VA loan Certificate of Eligibility (COE)
What is a COE?
In order to show a mortgage company you are VA-eligible, you’ll need a Certificate of Eligibility (COE). Your lender can acquire one for you online, usually in a matter of seconds.
Verify your VA home loan eligibility. Start here
How to get your COE (Certificate of Eligibility)
Getting a Certificate of Eligibility (COE) is very easy in most cases. Simply have your lender order the COE through the VA’s automated system. Any VA-approved lender can do this.
Alternatively, you can order your certificate yourself through the VA benefits portal.
If the online system is unable to issue your COE, you’ll need to provide your DD-214 form to your lender or the VA.
Does a COE mean you are guaranteed a VA loan?
No, having a Certificate of Eligibility (COE) doesn’t guarantee a VA loan approval.
Your COE shows the lender you’re eligible for a VA loan, but no one is guaranteed VA loan approval.
You must still qualify for the loan based on VA mortgage guidelines. The guarantee part of the VA loan refers to the VA’s promise to the lender of repayment if the borrower defaults.
Qualifying for a VA mortgage
VA loan eligibility vs. qualification
Being eligible for VA home loan benefits based on your military status or affiliation doesn’t necessarily mean you’ll qualify for a VA loan.
You still have to qualify for a VA mortgage based on your credit, debt, and income.
Verify your VA loan eligibility. Start here
Minimum credit score for a VA loan
The VA has established no minimum credit score for a VA mortgage.
However, many VA mortgage lenders require minimum FICO scores of 620 or higher — so apply with many lenders if your credit score might be an issue.
Even VA lenders that allow lower credit scores don’t accept subprime credit.
VA underwriting guidelines state that applicants must have paid their obligations on time for at least the most recent 12 months to be considered satisfactory credit risks.
In addition, the VA usually requires a two-year waiting period following a Chapter 7 bankruptcy or foreclosure before it will insure a loan.
Borrowers in Chapter 13 must have made at least 12 on-time payments and secure the approval of the bankruptcy court.
Verify your VA loan home buying eligibility. Start here
VA loan debt-to-income ratios
The relationship of your debts and your income is called your debt-to-income ratio, or DTI.
VA underwriters divide your monthly debts (car payments, credit cards, and other accounts, plus your proposed housing expense) by your gross (before-tax) income to come up with your debt-to-income ratio.
For instance:
If your gross income is $4,000 per month
And your total monthly debt is $1,500 (including the new mortgage, property taxes and homeowners insurance, plus other debt payments)
Then your DTI is 37.5% (1500/4000=0.375)
A DTI over 41% means the lender has to apply additional formulas to see if you qualify under residual income guidelines.
VA residual income rules
VA underwriters perform additional calculations that can affect your mortgage approval.
Factoring in your estimated monthly utilities, your estimated taxes on income, and the area of the country in which you live, the VA arrives at a figure which represents your “true” costs of living.
It then subtracts that figure from your income to find your residual income (e.g. your money “left over” each month).
Think of the residual income calculation as a real-world simulation of your living expenses.
It is the VA’s best effort to ensure that military families have a stress-free homeownership experience.
Here is an example of how residual income works, assuming a family of four which is purchasing a 2,000 square-foot home on a $5,000 monthly income.
Future house payment, plus other debt payments: $2,500
Monthly estimated income taxes: $1,000
Monthly estimated utilities at $0.14 per square foot: $280
This leaves a residual income calculation of $1,220.
Now, compare that residual income to for a family of four:
Northeast Region: $1,025
Midwest Region: $1,003
South Region: $1,003
West Region: $1,117
The borrower in our example exceeds VA’s residual income standards in all parts of the country.
Therefore, despite the borrower’s debt-to-income ratio of 50%, the borrower could get approved for a VA loan.
Verify your VA loan eligibility. Start here
Qualifying for a VA loan with part-time income
You can qualify for this type of financing even if you have a part-time job or multiple jobs.
You must show a 2-year history of making consistent part-time income, and stability in the number of hours worked. The lender will make sure any income received appears stable. See our complete guide to getting a mortgage when you’re self-employed or work part-time.
VA funding fees and loan limits
About the VA funding fee
The VA charges an upfront fee to defray the costs of the program and make it sustainable for the future.
Veterans pay a lump sum that varies depending on the loan purpose and down payment amount.
The fee is normally wrapped into the loan. It does not add to the cash needed to close the loan.
Find out if you qualify for a VA loan. Start here
VA home purchase funding fees
Type of Military Service
Down Payment
Fee for First-Time Use
Fee for Subsequent Use
Active Duty, Reserves, and National Guard
None
2.3%
3.6%
5% or more
1.65%
1.65%
10% or more
1.4%
1.4%
VA cash-out refinance funding fees
Type of Military Service
Fee for First-Time Use
Fee for Subsequent Uses
Active Duty, Reserves, and National Guard
2.3%
3.6%
VA streamline refinances (IRRRL) & assumptions
Type of Military Service
Fee for First-Time Use
Fee for Subsequent Uses
Active Duty, Reserves, and National Guard
0.5%
0.5%
Manufactured home loans not permanently affixed
Type of Military Service
Fee for First-Time Use
Fee for Subsequent Uses
Active Duty, Reserves, and National Guard
1.0%
1.0%
VA loan limits in 2024
VA loan limits have been repealed, thanks to the Blue Water Navy Vietnam Veterans Act of 2019.
There is no maximum amount for which a home buyer can receive a VA loan, at least as far as the VA is concerned.
However, private lenders may set their own limits. So check with your lender if you are looking for a VA loan above local conforming loan limits.
Verify your VA loan eligibility. Start here
Eligible property types
Houses you can buy with a VA loan
VA mortgages are flexible about what types of property you can and can’t purchase. A VA loan can be used to buy a:
Detached house
Condo
New-built home
Manufactured home
Duplex, triplex or four-unit property
Find out if you qualify for a VA loan. Start here
You can also use a VA mortgage to refinance an existing loan for any of those types of properties.
VA loans and second homes
Federal regulations limit loans guaranteed by the Department of Veterans Affairs to “primary residences” only.
However, “primary residence” is defined as the home in which you live “most of the year.”
Therefore, if you own an out-of-state residence in which you live for more than six months of the year, this other home, whether it’s your vacation home or retirement property, becomes your official “primary residence.”
For this reason, VA loans are popular among aging military borrowers.
Buying a multi-unit home with a VA loan
VA loans allow you to buy a duplex, triplex, or four-plex with 100% financing. You must live in one of the units.
Buying a home with more than one unit can be challenging.
Mortgage lenders consider these properties riskier to finance than traditional, single-family residences, so you’ll need to be a stronger borrower.
VA underwriters must make sure you will have enough emergency savings, or cash reserves, after closing on your house. That’s to ensure you’ll have money to pay your mortgage even if a tenant fails to pay rent or moves out.
The minimum cash reserves needed after closing is six months of mortgage payments (covering principal, interest, taxes, and insurance – PITI).
Your lender will also want to know about previous landlord experience you’ve had, or any experience with property maintenance or renting.
If you don’t have any, you may be able to sidestep that issue by hiring a property management company. But that’s up to the individual lender.
Your lender will look at the income (or potential income) of the rental units, using either existing rental agreements or an appraiser’s opinion of what the units should fetch.
They’ll usually take 75% of that amount to offset your mortgage payment when calculating your monthly expenses.
VA loans and rental properties
You cannot use a VA loan to buy a rental property. You can, however, use a VA loan to refinance an existing rental home you once occupied as a primary home.
For home purchases, in order to obtain a VA loan, you must certify that you intend to occupy the home as your principal residence.
If the property is a duplex, triplex, or four-unit apartment building, you must occupy one of the units yourself. Then you can rent out the other units.
The exception to this rule is the VA’s Interest Rate Reduction Refinance Loan (IRRRL).
This loan, also known as the VA Streamline Refinance, can be used for refinancing an existing VA loan on a home where you currently live or where you used to live, but no longer do.
Check your VA IRRRL eligibility. Start here
Buying a condo with a VA loan
The VA maintains a list of approved condo projects within which you may purchase a unit with a VA loan.
At VA’s website, you can search for the thousands of approved condominium complexes across the U.S.
If you are VA-eligible and in the market for a condo, make sure the unit you’re interested in is approved.
As a buyer, you are probably not able to get the complex VA-approved. That’s up to the management company or homeowner’s association.
If a condo you like is not approved, you must use other financing like an FHA or conventional loan or find another property.
Note that the condo must meet FHA or conventional guidelines if you want to use those types of financing.
Veteran mortgage relief with the VA loan
The U.S. Department of Veterans Affairs, or VA, provides home retention assistance. The VA intervenes when a veteran is having trouble making home loan payments.
The VA works with loan servicers to offer loan options to the veteran, other than foreclosure.
Find out if you qualify for a VA loan. Start here
In fiscal year 2019, the VA made over 400,000 contact actions to reach borrowers and loan servicers. The intent was to work out a mutually agreeable repayment option for both parties.
More than 100,000 veteran homeowners avoided foreclosure in 2019 alone thanks to this effort.
The initiative has saved the taxpayer an estimated $2.6 billion. More importantly, vast numbers of veterans and military families got another chance at homeownership.
When NOT to use a VA loan
If you have good credit and 20% down
A primary advantage to VA home loans is the lack of mortgage insurance.
However, the VA guarantee does not come free of charge. Borrowers pay an upfront funding fee, which they usually choose to add to their loan amount.
The fee ranges from 1.4% to 3.6%, depending on the down payment percentage and whether the home buyer has previously used his or her VA mortgage eligibility. The most common fee is 2.3%.
Find out if you qualify for a VA loan. Start here
On a $200,000 purchase, a 2.3% fee equals $4,600.
However, buyers who choose a conventional mortgage and put 20% down get to avoid mortgage insurance and the upfront fee. For these military home buyers, the VA funding fee might be an unnecessary expense.
The exception: Mortgage applicants whose credit rating or income meets VA guidelines but not those of conventional mortgages may still opt for VA.
If you’re on the “CAIVRS” list
To qualify for a VA loan, you must prove you have made good on previous government-backed debts and that you have paid taxes.
The Credit Alert Verification Reporting System, or “CAIVRS,” is a database of consumers who have defaulted on government obligations. These individuals are not eligible for the VA home loan program.
If you have a non-veteran co-borrower
Veterans often apply to buy a home with a non-veteran who is not their spouse.
This is okay. However, it might not be their best choice.
As the veteran, your income must cover your half of the loan payment. The non-veteran’s income cannot be used to compensate for the veteran’s insufficient income.
Plus, when a non-veteran owns half the loan, the VA guarantees only half that amount. The lender will require a 12.5% down payment for the non-guaranteed portion.
The Conventional 97 mortgage, on the other hand, allows down payments as low as 3%.
Another low-down-payment mortgage option is the FHA home loan, for which 3.5% down is acceptable.
The USDA home loan also requires zero down payment and offers similar rates to VA loans. However, the property must be within USDA-eligible areas.
If you plan to borrow with a non-veteran, one of these loan types might be your better choice.
Explore your mortgage options. Start here
If you apply with a credit-challenged spouse
In states with community property laws, VA lenders must consider the credit rating and financial obligations of your spouse. This rule applies even if he or she will not be on the home’s title or even on the mortgage.
Such states are as follows.
Arizona
California
Idaho
Louisiana
Nevada
New Mexico
Texas
Washington
Wisconsin
A spouse with less-than-perfect credit or who owes alimony, child support, or other maintenance can make your VA approval more challenging.
Apply for a conventional loan if you qualify for the mortgage by yourself. The spouse’s financial history and status need not be considered if he or she is not on the loan application.
Verify your VA loan home buying eligibility. Start here
If you want to buy a vacation home or investment property
The purpose of VA financing is to help veterans and active-duty service members buy and live in their own home. This loan is not meant to build real estate portfolios.
These loans are for primary residences only, so if you want a ski cabin or rental, you’ll have to get a conventional loan.
If you want to purchase a high-end home
Starting January 2020, there are no limits to the size of mortgage a lender can approve.
However, lenders may establish their own limits for VA loans, so check with your lender before applying for a large VA loan.
Spouses and the VA mortgage program
What spouses are eligible for a VA loan?
What if the service member passes away before he or she uses the benefit? Eligibility passes to an unremarried spouse, in many cases.
Find and lock a low VA loan rate today. Start here
For the surviving spouse to be eligible, the deceased service member must have:
Died in the line of duty
Passed away as a result of a service-connected disability
Been missing in action, or a prisoner of war, for at least 90 days
Been a totally disabled veteran for at least 10 years prior to death, and died from any cause
Also eligible are remarried spouses who married after the age of 57, on or after December 16, 2003.
In these cases, the surviving spouse can use VA loan eligibility to buy a home with zero down payment, just as the veteran would have.
VA loan benefits for surviving spouses
Surviving spouses have an additional VA loan benefit, however. They are exempt from the VA funding fee. As a result, their loan balance and monthly payment will be lower.
Surviving spouses are also eligible for a VA streamline refinance when they meet the following guidelines.
The surviving spouse was married to the veteran at the time of death
The surviving spouse was on the original VA loan
VA streamline refinancing is typically not available when the deceased veteran was the only applicant on the original VA loan, even if he or she got married after buying the home.
In this case, the surviving spouse would need to qualify for a non-VA refinance, or a VA cash-out loan.
A cash-out mortgage through VA requires the military spouse to meet home purchase eligibility requirements.
If this is the case, the surviving spouse can tap into the home’s equity to raise cash for any purpose, or even pay off an FHA or conventional loan to eliminate mortgage insurance.
Qualifying if you receive (or pay) child support or alimony
Buying a home after a divorce is no easy task.
If, prior to your divorce, you lived in a two-income household, you now have less spending power and a reduced monthly income for purposes of your VA home loan application.
With less income, it can be harder to meet both the VA Home Loan Guaranty’s debt-to-income (DTI) guidelines and the VA residual income requirement for your area.
Receiving alimony or child support can counteract a loss of income.
Mortgage lenders will not require you to provide information about your divorce agreement’s alimony or child support terms, but if you’re willing to disclose, it can count toward qualifying for a home loan.
Different VA-approved lenders will treat alimony and child support income differently.
Typically, you will be asked to provide a copy of your divorce settlement or other court paperwork to support the alimony and child support payments.
Lenders will then want to see that the payments are stable, reliable, and likely to continue for another 36 months, at least.
You may also be asked to show proof that alimony and child support payments have been made in the past reliably, so that the lender may use the income as part of your VA loan application.
If you are the payor of alimony and child support payments, your debt-to-income ratio can be harmed.
Not only might you be losing the second income of your dual-income households, but you’re making additional payments that count against your outflows.
VA mortgage lenders make careful calculations with respect to such payments.
You can still get approved for a VA loan while making such payments — it’s just more difficult to show sufficient monthly income.
VA loan assumption
What is VA loan assumption?
One benefit for home buyers is that VA loans are assumable. When you assume a mortgage loan, you take over the current homeowner’s monthly payment.
Verify your VA loan home buying eligibility. Start here
That could be a big advantage if mortgage rates have risen since the original owner purchased the home. The buyer would be able to acquire a low-rate, affordable loan — and it could make it easier for the seller to find a willing buyer in a tough market.
VA loan assumption savings
Buying a home via an assumable mortgage loan is even more appealing when interest rates are on the rise.
For example:
Say a seller-financed $200,000 for their home in 2013 at an interest rate of 3.25% on a 30-year fixed loan
Using this scenario, their principal and interest payment would be $898 per month
Let’s assume current 30-year fixed rates averaged 4.10%
If you financed $200,000 at 4.10% for a 30-year loan term, your monthly principal and interest payment would be $966 per month
Additionally, because the seller has already paid four years into the loan term, they’ve already paid nearly $25,000 in interest on the loan.
By assuming the loan, you would save $34,560 over the 30-year loan due to the difference in interest rates. You would also save roughly $25,000 thanks to the interest already paid by the sellers.
That comes out to a total savings of almost $60,000!
How to assume (take on) a VA loan
There are currently two ways to assume a VA loan.
The new buyer is a qualified veteran who “substitutes” his or her VA eligibility for the eligibility of the seller
The new home buyer qualifies through VA standards for the mortgage payment. This is the safest method for the seller as it allows the loan to be assumed knowing that the new buyer is responsible for the loan, and the seller is no longer responsible for the loan
The lender and/or the VA needs to approve a loan assumption.
Loans serviced by a lender with automatic authority may process assumptions without sending them to a VA Regional Loan Center.
For lenders without automatic authority, the loan must be sent to the appropriate VA Regional Loan Center for approval. This loan process will typically take several weeks.
When VA loans are assumed, it’s the servicer’s responsibility to make sure the homeowner who assumes the property meets both VA and lender requirements.
VA loan assumption requirements
For a VA mortgage assumption to take place, the following conditions must be met:
The existing loan must be current. If not, any past due amounts must be paid at or before closing
The buyer must qualify based on VA credit and income standards
The buyer must assume all mortgage obligations, including repayment to the VA if the loan goes into default
The original owner or new owner must pay a funding fee of 0.5% of the existing principal loan balance
A processing fee must be paid in advance, including a reasonable estimate for the cost of the credit report
Find out if you qualify for a VA loan. Start here
Finding assumable VA loans
There are several ways for home buyers to find an assumable VA loan.
Believe it or not, print media is still alive and well. Some home sellers advertise their assumable home for sale in the newspaper, or in a local real estate publication.
There are a number of online resources for finding assumable mortgage loans.
Websites like TakeList.com and Zumption.com give homeowners a way to showcase their properties to home buyers looking to assume a loan.
With the help of the Multiple Listing Service (MLS), real estate agents remain a great resource for home buyers.
This applies to home buyers specifically searching for assumable VA loans as well.
How do I apply for a VA loan?
You can easily and quickly have a lender pull your certificate of eligibility (COE) to make sure you’re able to get a VA loan.
Most mortgage lenders offer VA home loans. So you’re free to shop and compare rates with just about any company that catches your eye.
Getting a VA loan for your new home is similar in many ways to securing any other purchase loan. Once you find an ideal home in your price range, you make a purchase offer, and then undergo VA appraisal and underwriting.
VA appraisal ensures that the home meets its minimum property requirements (MPRs) and is structurally sound and safe for occupancy.
What’s more, VA-specific mortgage lenders are actually some of the highest-rated (and lowest-priced) on the market. Here are a few we’d recommend checking out.
Time to make a move? Let us find the right mortgage for you
Getting money to start in real estate investing is the biggest hurdle for people. Traditional lenders have stringent requirements, making it hard for people just getting started and hard for people looking to take their real estate investing to the next level.
This is where private money, an alternative to traditional financing, comes in. In this article, I’ll cover what you need to know.
Private money has been a key piece of my strategy. I would not have built my real estate business without it.
Table of Contents
Understanding Private Money
Private money refers to loans sourced from individuals or non-traditional institutions rather than conventional banks. These people invest their own capital directly in your project, secured by the property itself.
Said another way, private money usually means borrowing from a person who is looking to earn interest on their cash. For taking a risk on you and your project, they get some form of recourse, which may include getting the title to your property if you don’t pay the loan back according to the terms of the agreement.
Here’s what real estate investors get with private money:
Faster closing times: No red tape, which expedites deal execution.
Flexible criteria: Less rigid evaluation and underwriting, catering to scenarios banks might reject.
Private money loans are different than hard money loans. You can read about Hard Money here.
Want to make a lot of money? Learn about money with my Money Mastery course.
Key Points to Remember
Higher interest rates: Compared to traditional loans, expect rates ranging from 8% to 15% or higher.
Shorter loan terms: Private money is typically short-term financing, lasting 6-24 months.
Due diligence is crucial: Verify the lender’s credentials, experience, and track record thoroughly.
Legal agreements are everything: It’s best to have a lawyer draft a comprehensive loan agreement outlining terms, rights, and responsibilities. If there is a dispute, it’ll come down to the terms of the agreement. A lot can be on the line in these deals, so ensure you understand the agreement in full.
Just starting out? See my post The Best Way To Invest In Real Estate.
Pros of Private Money
Private money is one of the best options to start your real estate investing and to scale it.
It can also help kickstart the BRRRR method to rapidly expand your real estate holding. Here’s my article on How to Use the BRRRR Method, including using private money.
Access to capital: Secure funding even with imperfect credit or unconventional projects.
Speed and agility: Move quickly on time-sensitive deals and capitalize on fleeting opportunities.
Direct relationship: Build rapport with the lender, potentially fostering future collaborations.
Cons of Private Money
High costs: Interest rates and origination fees can significantly impact your profit margins.
Short timelines: Pressure to exit the investment quickly for repayment can limit options.
Risk of default: Non-compliance with loan terms could lead to property foreclosure.
Additional Tips
Start small with your first private money loan to build trust and experience.
Network with real estate professionals and advisors for recommendations on reputable lenders.
Have a solid business plan and financial projections to demonstrate your investment’s viability.
How to Find Private Money
Private money can be a great option for real estate investors. And it’s been a great way for me to scale my real estate.
If you want to find private money, you can read my article How To Find Private Money For Real Estate Investments.
Conclusion
Private money can be an incredible way to get started and also scale up. It’s been critical in my journey.
However, know what you’re getting into. Carefully understand the terms, exit strategy, and your risk tolerance.
It’s possible to get approved for a home loan as a self-employed borrower, but you often have to take a few extra steps to prove your creditworthiness.
To boost your chances, consider non-conforming loans and/or non-qualifying mortgage lenders or mortgage brokers who specialize in the self-employed.
Other strategies include making a larger down payment, raising your credit score and lowering your debts.
If you run your own business — or are a gig worker, freelancer or independent contractor — financing a home could prove challenging. The reason? One of the first things lenders look for is a steady, verifiable income stream. Without a regular paycheck or W-2 statement, it can be harder to prove how much you make, and how reliably you make it. That’s why most lenders have stricter rules for self-employed borrowers.
Just because you work for yourself doesn’t mean you’re guaranteed to have a hard time getting a mortgage, however. If you supply the right documentation to verify your income, do your homework and know what to expect, you can get approved for a loan.
Can you qualify for a mortgage while self-employed?
Yes, it is possible to qualify for a mortgage while self-employed. However, in some cases, you may need to put in a little extra work.
It’s a common misconception that it’s always more difficult for self-employed applicants to get a loan than regular salaried or hourly workers with a W-2 from their employer, says Paul Buege, president and CEO of Inlanta Mortgage in Pewaukee, Wisconsin.
“In all cases,” says Buege, “the basic criteria to get approved are the same: You need to have a good credit history, sufficient liquid available assets and a history of stable employment.”
Challenges can crop up, however, if you’ve only been working for yourself for a short time or make less money than lenders prefer — even if it’s just on paper. “Self-employed individuals often take full advantage of the legal tax deductions and write-offs that are allowed by the IRS; unfortunately, this means that they often show a low net income — or even a loss — on their tax returns,” says Eric Jeanette, president of Dream Home Financing and FHA Lenders, based in Adelphia, New Jersey. “That can make it tougher to qualify for a mortgage.”
Complicating matters is that the rules for self-employed applicants can vary depending on the lender or loan type.
“This makes the process confusing, especially if you are shopping around and applying with multiple lenders,” says Anna DeSimone, a New York City-based personal finance expert and author of “Housing Finance 2020.” Often, “it lengthens the time you may have to spend trying to get approved for a loan.”
How to get a mortgage when you’re self-employed in 5 steps
If you’re self-employed, the loan approval process will be somewhat similar to that of a W-2 salaried applicant: You’ll need to provide certain documentation to verify your employment income and prove to the lender that you’re a creditworthy fit for a mortgage in general and a certain sum.
1. Determine if you’re classified as self-employed
If you own a business or have one partner, you will be considered self-employed. “A loan qualification is based on your taxable income shown on your personal 1040 federal tax returns,” says DeSimone. If earned income is verified by 1099 forms, rather than W2s, you’re likely to be considered a freelancer rather than a salaried worker bee.
The same goes if your return includes Schedule C, which is used “to report income or loss from a business you operated or a profession you practiced as a sole proprietor, to quote the IRS. “Mortgage applicants with a 25 percent or greater share in a business or partnership are considered self-employed,” says DeSimone.
Here are other factors that qualify you as self-employed:
You run a business as a sole proprietor or independent contractor
You are part of a partnership that runs a trade or a business
You are a gig worker or run a part-time business that accounts for most of your income
Even when you have a second, part-time job with a W2, a lender will likely place more weight on your own gig — if it’s your primary income source.
2. Prepare a pitch that explains your business
Depending on the nature of your work, your problem may not be so much the amount of your income as the reliability of it. While you’re not required to submit a full business plan, it may behoove you to prepare some documents that show the health of your industry and explain why your services are (and are likely to stay) in demand. Supply reports or tax returns that prove revenue growth and provide links to a professional website that helps an underwriter understand you’re serious and successful in your field.
If you have any contracts or written agreements indicating that you’re on retainer or guaranteed compensation for a period, include those. These details may convince a lender that you can make those monthly mortgage payments.
Providing the lender with any of the below items can help show your job is secure:
Data showing the health of the industry and demand for your services
A description of your experience in the business, including any certifications
Tax returns from previous years, especially if they show growth in revenue over time
Explanations of any revenue gaps
Your professional website
A business plan, if you have one
Description of the services you provide
Ongoing contracts you have with clients
Anything else that shows your income is likely to continue
3. Gather necessary documents to show lenders
Your lender will need to see proof of income, just like they would for a salaried employee. It’s just that you may have to jump through more hoops to provide that proof. “Since self-employed people have non-traditional income structures, they may be required to show additional income documents when applying for the mortgage,” says Alan Rosenbaum, founder and CEO of GuardHill Financial Corp. in New York City.
The sort of documents you might need include:
Employment verification
A copy of your business license
Proof of business insurance (if applicable)
Articles of incorporation, LLC or partnership (if applicable)
State or federal permits
Any other documents that prove when you began operating
Income documentation
Two years of federal income tax returns (personal and business)
Recent business bank statements and profit-and-loss reports (aka income statements)
An itemized list of unpaid accounts receivable
4. Shop multiple lenders
You may want to seek a loan officer who has experience underwriting a self-employment mortgage. These officers may fight harder for your approval and be able to explain your qualifications to the underwriting department. Lenders who offer FHA loans may also be a better fit than traditional loans because they are guaranteed by the government and lessen the risk to the lender.
A mortgage broker might be able to steer you toward lenders who specialize in self-employment mortgages.
5. Consider a non-qualified-mortgage lender
A non-qualified mortgage (non-QM mortgage or loan, for short) is a type of non-conforming loan, one in which there are looser income verification criteria. Instead of using standard federal qualifications to ascertain your creditworthiness, the lender bases approval on alternatives — like your average bank statement balance over the last 12 to 24 months, for example. The lender would be willing to consider this balance as an earned-income equivalent, in place of pay stubs.
This sort of mortgage is often tailor-made for the self-employed or those lacking the proverbial bi-weekly paycheck. If you choose this type of mortgage, just be prepared to pay a higher interest rate and some additional closing costs. There may also be some features, like balloon payments or 30-plus-year terms, that often aren’t allowed on traditional, “qualified” mortgages.
How to improve your chances of getting a mortgage when you’re self-employed
There are several ways to boost your odds of getting approved for a mortgage as a self-employed borrower.
Boost your credit score
Focus on improving your credit score and credit history. This requires making bill payments on time, paying down debt, correcting any errors or red flags on your credit reports and sticking to the limits on your revolving credit accounts.
Lower your debt-to-income ratio
Another way to increase your likelihood of funding is to lower your debt-to-income (DTI) ratio to 43 percent or less. This can be done by avoiding taking on any new debt, lowering your existing debt and paying it off faster than scheduled and earning extra money.
Make a larger down payment
Forking over a higher down payment than the minimum needed can help, too. “Down payment requirements for a bank statement loan were as low as 10 percent before COVID-19 hit,” says Jeanette. “But now, many lenders require 20 percent or more.”
Shop around for the right lender for you
Shopping around among different lenders and programs can yield the best opportunities. Focus on those that do business with independent contractors or sole proprietors.
“Work with an experienced loan officer who understands self-employed business records and documentation,” says Buege. “This person can help you present your business earnings and liabilities in a clear and understandable way that facilitates the approval process.”
Enlisting a skilled mortgage broker (again, one familiar with self-employed applicants) can also up your chances.
Loan types to consider when you are self-employed
Fortunately, self-employed borrowers are eligible for virtually all of the same mortgage types available to others. That means you can qualify for a conventional loan from a variety of private lenders or a government-backed loan.
“You should be eligible for all available options, including both conforming mortgage programs by Fannie Mae, Freddie Mac, FHA and others, as well as non-conforming loans if necessary,” says DeSimone.
Here’s a closer look at each:
Fannie Mae and Freddie Mac mortgages: These are traditional conforming loans that require a 20 percent down payment and may have fairly strict approval requirements. It’s not impossible for a self-employed person to get approved, but you may have more success after at least five years in business.
FHA: FHA loans are guaranteed by the Federal Housing Administration and only require a 3.5 percent down payment for most homebuyers. The fact that the government is backing the loan may make some lenders more likely to approve this loan for someone who is self-employed.
VA: VA loans are available to current service members and people who were previously active-duty. Requirements depend on the time of your service. These loans can guarantee up to 100 percent of the loan, which would mean you’re not responsible for any down payment. If you have a VA home loan COE, your lender may find your application more appealing.
What if I don’t qualify for a mortgage?
If you don’t get approved for a traditional mortgage, you can try applying for a non-conforming loan. “But these often come at a higher cost to the consumer, and not everyone can qualify,” says Buege, who adds that non-conforming loans can charge a higher interest rate and closing costs and impose less favorable repayment terms.
Alternatively, you could pursue a personal loan, although the maximum amount you can borrow likely won’t cover the cost of the home purchase.
If you’re trying to refinance and get denied, you could try applying for a home equity loan or home equity line of credit (HELOC) if you’ve built up enough equity in your property and meet the qualifications.
Self-employed mortgage FAQ
Lenders for self-employed mortgages will look at a borrower’s net business income to determine loan eligibility. This means they look at your gross income minus business expenses.
You can use tax returns to quickly calculate your gross and net income for previous years. Business owners may also find a recent income statement useful for proving your current income stream. Self-employed people may also be allowed to use rental income or government payments as a part of their overall income.
Also, keep in mind that loan applications for all types of self-employment are underwritten using a process DeSimone calls “add-backs,” whereby certain non-cash business expenses (like depreciation) are added back to your net income.
The short answer is yes, you can get a mortgage loan with less than two years of self-employment history. This situation may require more documentation to get a mortgage. Lenders typically want to see at least two years of self-employment before they will give you a mortgage.
However, your income isn’t the only factor they use to determine eligibility. Having a strong credit score can help boost your application. In addition, if you’ve become self-employed in an industry where you’ve previously worked, you can show continuity of career, even if you’ve been self-employed for less than two years.
If your self-employment income is insufficient to qualify for a mortgage, having a co-signer or a co-borrower can help you qualify for a mortgage or even a larger loan amount. Having either a co-signer or a co-borrower allows you to use their income and credit to qualify for a loan.
It’s important to note that co-signers are slightly different from co-borrowers. Both take on the debt as their own in addition to you. However, a co-borrower becomes a joint owner on the title, while a co-signer does not.
Keeping business expenses separate from personal expenses can help keep your credit utilization score lower because you won’t put any potentially large business expenses on your personal credit accounts. A low credit utilization score is one factor that lenders look at when assessing you for a mortgage.
Understanding debt collection practices is essential for anyone who has borrowed money. There are many misconceptions about how the process works, and today, we will address one common question: Can a collection agency sell my debt to another agency? The answer might surprise you.
Understanding Collection Agencies
What is a collection agency?
A collection agency is a company that specializes in collecting unpaid debts. They can be classified into different types, such as third-party debt collectors, first-party debt collectors, and debt buyers. Debt collection agencies play a crucial role in the debt recovery process, often stepping in when the original creditor is unable to collect the debt themselves.
How Collection Agencies Work
Collection agencies typically purchase debt from original creditors at a discounted price. This allows the original creditor to recover a portion of the outstanding debt while passing the responsibility of collecting the remaining balance to the collection agency. Once the debt has been transferred, the collection agency will attempt to collect payment from the debtor.
Can a collection agency sell your debt?
Legality of Debt Selling
According to the Fair Debt Collection Practices Act (FDCPA), it is legal for a collection agency to sell your debt to another agency. The FDCPA governs the actions of debt collectors and provides guidelines for how they must conduct themselves when attempting to collect a debt.
Reasons for Selling Debt
There are several reasons why a debt collection agency might choose to sell a debt:
Maximizing profit and minimizing loss: Debt buyers often purchase delinquent debt for a fraction of its original value. By selling the debt to another agency, the current debt holder can recoup some of their investment and reduce potential losses.
Prioritizing collection efforts: Debt collection agencies have limited resources and must prioritize which debts to pursue. By selling debts they deem less likely to be collected, they can focus on more profitable accounts.
Managing operational costs and resources: Selling debt can help a collection agency manage its cash flow and staffing needs, allowing it to maintain a steady stream of revenue.
The Debt Buying Process
How Debts Are Sold
Debts are often sold in large portfolios through auctions, where debt buyers and collection agencies bid on the right to collect the outstanding balances. Factors that can affect the price of debt include the age of the debt, the likelihood of successful collection, and the debtor’s credit history.
The Lifecycle of Debt
Debts can go through several stages during the collection and recovery process, with each stage affecting its collectability and sale value. As a debt ages, its value typically decreases, making it less attractive to potential buyers.
What happens when your debt is sold?
Rights and Responsibilities of the New Debt Owner
When a debt is sold, the new debt owner must abide by the FDCPA’s guidelines, just like the previous debt collector. This includes validating the debt and providing the debtor with a debt validation letter.
How Debt Sales Affect You
When your debt is transferred to a different debt collector, several changes may occur:
Communication with the new debt collector: You will likely receive notification from the new debt collector, explaining the transfer and providing their contact information.
Possible changes in collection tactics: Each debt collection agency has its preferred methods for pursuing debts, which means you might experience different collection tactics after your account has been sold.
Impact on your credit report: When a debt is sold, the original creditor typically reports the account as charged off, while the new debt collector will report the account as a collection account. This can negatively impact your credit score.
The Impact of Sold Debt on Your Credit Report
How Sold Debts Appear on Credit Reports
When a debt is sold to a collection agency, it can lead to multiple entries on your credit report. Initially, the original creditor will report the account as charged off, indicating that they have given up on collecting the debt.
Subsequently, the debt purchaser will create a new entry on your credit report as a collection account. If your debt is sold multiple times, each new debt collector may report the collection account, resulting in multiple entries for the same debt on your credit report.
How to Dispute Inaccuracies on Credit Reports
If you find inaccuracies on your credit report, such as incorrect balances, duplicate accounts, or accounts that should have been removed due to the statute of limitations, you are entitled to file a dispute. To do this, contact the credit reporting agencies (Equifax, Experian, and TransUnion) individually.
Send a written dispute letter to each agency, explaining the error and providing any supporting documentation. The credit reporting agencies are required to investigate your dispute and correct any verified inaccuracies within 30 days.
See also: How to Remove Collections From Your Credit Report
Strategies for Settling Sold Debts
Debt Settlement Companies and Their Role
Debt settlement companies can help you negotiate with debt collectors and potentially settle your debts for less than the full amount owed. These companies work on your behalf to reach agreements with creditors or debt collectors, often by offering a lump sum payment in exchange for forgiving the remaining balance.
While debt settlement companies can be helpful, they may also charge high fees and cannot guarantee success in settling your debts. Additionally, settled debts can negatively impact your credit score, as they will be reported as “settled” rather than “paid in full.”
Do-It-Yourself Debt Settlement
If you prefer to negotiate directly with debt collectors, follow these tips for a successful negotiation:
Assess your financial situation and determine how much you can afford to offer as a lump sum or monthly payment.
Research the statute of limitations for your debt, as this information can be a valuable bargaining tool during negotiations.
Contact the debt collector and make a reasonable offer based on your financial situation and the age of the debt.
Request a written agreement from the debt collector, outlining the terms of the settlement, and ensure that the agreement includes a statement that the debt will be considered paid in full upon receipt of the agreed-upon amount.
Keep records of all communications and payments, as this documentation can be useful in disputes or legal matters.
Protecting Yourself and Your Rights
Understanding Your Rights Under the FDCPA
The FDCPA provides protections for consumers against abusive and unfair debt collection practices. It’s essential to understand your rights under the FDCPA, including the prohibition of certain collection practices and your right to request debt validation.
Tips for Dealing with Debt Collectors
When dealing with debt collectors, consider the following tips:
Keep records of all communications: Maintain a file with all correspondence, phone call records, and payment agreements. This documentation can be useful in disputes or legal matters.
Negotiate a settlement or payment plan: If you cannot pay the full amount, try to negotiate a reduced payment or payment plan with the collector. Make sure to get any agreement in writing.
Know when to seek legal help: If you believe your rights under the FDCPA have been violated, consider consulting with an attorney or contacting your state’s attorney general’s office.
Bottom Line
It is legal for collection agencies to sell your debt to another agency. This practice is common in the debt collection industry, and understanding the process can help you understand the process of dealing with debt collectors. By staying informed about your rights and the collection process, you can better protect yourself and work towards resolving your outstanding debts.
Remember, financial literacy is crucial in managing debt and maintaining good credit. By staying informed and proactive, you can successfully deal with debt collection and take control of your financial future.
Dealing with debt can be an overwhelming experience. When you find yourself in a situation where you are unable to pay a debt, it’s important to understand the consequences of not paying a debt collector.
In this article, we’ll discuss the roles of collection agencies, the impact on your credit report, legal consequences, communication strategies, and ways to prevent debt collection issues.
Understanding Debt Collectors
Debt collectors are entities hired by creditors to collect debts owed by individuals or businesses. When you owe money to a creditor, such as on credit card debt or medical bills, and fail to make timely payments, the original creditor may sell or transfer the debt to a debt collection agency.
These agencies are responsible for collecting the unpaid debt and may employ various tactics, including phone calls and letters, to collect the outstanding balance.
The Debt Collection Process
Debt collection agencies follow a set process when collecting unpaid debts:
Initial contact: Collection agencies typically begin their collection efforts by sending a written notice, often called a demand letter, detailing the owed amount, the name of the original creditor, and instructions for repaying the debt.
Ongoing communication: If the initial notice is unsuccessful, the debt collector will continue to contact you via phone calls, emails, or additional letters to encourage you to repay the debt.
Reporting to credit bureaus: After a certain period of missed payments, usually around 180 days, the debt collector may report the unpaid debt to credit bureaus, which can negatively impact your credit score.
Potential legal action: If you still haven’t paid the debt, the debt collector may choose to file a lawsuit to recover the funds, which could lead to wage garnishment or seizure of assets if they obtain a judgment against you.
Legal Consequences of Not Paying a Debt Collector
1. Impact on Your Credit Report
When you don’t pay a debt collector, the collection account may be reported to the credit bureaus, which can have a negative impact on your credit score. A missed payment or default on your credit report can cause your score to drop significantly and remain on your credit history for up to seven years.
2. Lawsuits and Judgments
Debt collectors may resort to legal action in an attempt to collect an unpaid debt. Debt collection lawsuits can lead to judgments against you, which may result in wage garnishment, bank account levies, and asset seizures. It’s crucial to respond to a debt collector’s attorney or law firm if they initiate a lawsuit to avoid default judgments.
3. Statute of Limitations
The statute of limitations on debt is the time period during which a debt collector can sue you to collect a debt. This varies by state and the type of debt but typically ranges from three to six years. After this period, debt collectors can still attempt to collect the debt, but they lose the right to sue you for it.
4. Property Liens
In some cases, a debt collector may obtain a judgment against you and place a lien on your property. This means that if you sell the property, the debt must be paid from the proceeds before you receive any funds. Liens can also impact your ability to refinance or secure a home equity loan.
5. Seizure of Assets
Depending on the type of debt and the jurisdiction, a debt collector may have the legal right to seize your assets, such as your car or other personal property, to satisfy the debt after obtaining a court judgment.
6. Tax Consequences
If you negotiate a settlement with a debt collector for less than the full amount owed, the difference between the original debt and the settled amount may be considered taxable income by the Internal Revenue Service (IRS). You could receive a 1099-C form and be required to report this amount on your tax return.
7. Loss of professional licenses or certifications
In some cases, failure to pay certain types of debt may result in the suspension or revocation of professional licenses or certifications, impacting your ability to work in your chosen field.
Communication with Debt Collectors
The Fair Debt Collection Practices Act (FDCPA) is a federal law enacted to protect consumers from abusive debt collection practices. Under this act, debt collectors are prohibited from engaging in harassment, making false statements, and using unfair practices to collect debts.
If you believe your debt collection rights have been violated, you can report the violation to the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).
How to Respond to a Collections Notice
Receiving a collections notice can be stressful, but it’s important to act promptly and responsibly. Here’s a step-by-step guide on how to respond to a collections notice:
1. Don’t ignore the notice
Ignoring a collections notice can lead to further consequences, including damage to your credit report and potential legal action. It’s crucial to address the notice as soon as possible to avoid escalating the situation.
2. Verify the debt
Before taking any action, request debt validation from the debt collector to confirm the legitimacy of the debt. This collection agency should reply to you in a letter that includes the amount owed, the name of the original creditor, and any additional details about the debt. Ensure that the information is accurate and up-to-date.
3. Determine if the debt is within the statute of limitations
Research the statute of limitations for the type of debt in your state to determine if the debt collector can still legally sue you for the unpaid amount. If the statute of limitations has passed, inform the debt collector and dispute the debt with the credit bureaus.
4. Negotiate with the debt collector
If the debt is legitimate and within the statute of limitations, consider negotiating a payment plan or settlement with the debt collector. This may involve agreeing to pay a partial payment or making monthly installments until the debt is paid in full. Be sure to get any agreements in writing to protect yourself.
5. Dispute any inaccuracies
If you find any discrepancies in the debt validation letter or believe the debt is incorrect, dispute the information with the debt collector and the credit bureaus. Provide any relevant documentation to support your claim.
6. Seek professional advice
If you’re unsure about how to handle the collections notice or need assistance with debt management, consider consulting a credit counselor, financial advisor, or attorney. These professionals can provide guidance and help you deal with collections.
Preventing Debt Collection Issues
Dealing with debt collectors can be overwhelming, but taking proactive steps to prevent debt collection issues from arising in the first place is key to maintaining your financial well-being. Here are various strategies that can help you avoid the pitfalls of unpaid debts and ensure you stay on track with your financial goals.
Create a budget and manage expenses: Developing a budget and tracking your expenses can help you avoid accumulating debt and ensure you’re making timely payments to your creditors.
Prioritize debt repayment: Paying off high-interest debts, such as credit card debt, should be a priority to prevent the debt from growing and to protect your credit score.
Seek help from credit counseling agencies or financial advisors: If you’re struggling with debt, consider reaching out to a credit counseling agency or a financial advisor for guidance. These professionals can help you develop a debt repayment plan, negotiate with your creditors, and offer advice on managing your finances more effectively.
Understand the importance of timely bill payments: Making timely payments on your bills, including credit card debt and medical bills, is essential for maintaining a healthy credit score and preventing collection accounts from appearing on your credit report.
Build an emergency fund: Having an emergency fund can provide a financial cushion in times of unexpected expenses or income loss. This can help you avoid resorting to credit cards or loans, reducing the likelihood of falling into debt.
Monitor your credit reports: Regularly reviewing your credit reports allows you to spot any inaccuracies or signs of identity theft early on. You can also track your progress in improving your credit score and ensure that paid-off debts are accurately reflected.
Conclusion
Failing to pay a debt collector can lead to several negative consequences, including damage to your credit report, legal actions, and financial stress. It’s essential to understand the roles of debt collectors and collection agencies, as well as your rights under the FDCPA. If you find yourself dealing with unpaid debts, it’s crucial to communicate effectively with debt collectors and explore your options for repayment or dispute.
By prioritizing debt repayment, creating a budget, and seeking help from credit counseling agencies or financial advisors, you can work towards resolving your debt issues and maintaining good financial health. Remember, knowledge is power, and understanding the debt collection process and your rights will help you overcome these challenges more effectively.
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If you successfully dispute a charge, the bank will notify the merchant and return funds to the issuing consumer via a chargeback. From here, merchants can decide if they want to dispute the chargeback or not.
If you file a dispute for a credit card charge with a bank, that bank will quickly notify the corresponding merchant that you’ve initiated this process. From here, the merchant can review your claim and decide whether or not to accept or deny your dispute.
Disputing a credit card charge can be a lengthy process with sweeping ramifications. That’s why it’s important to understand what a credit chargeback is and whether this tool is the best option at your disposal.
Key Takeaways:
Merchants may want to cancel a chargeback even if your bank sides with you.
Your bank will initially cover the cost of a chargeback until the matter is settled.
It’s often best to contact a merchant before initiating a chargeback.
What Is a Chargeback?
A chargeback occurs when you successfully dispute a charge on your credit card. The charge is taken off your credit card account and the money paid to the merchant is reversed (or “charged back” to the merchant). Many people dispute credit card charges for services not rendered. For example, there was a strong link between COVID-19 and chargebacks throughout 2020 as many companies struggled to keep up with demand.
A chargeback can be a powerful tool for consumers who do not receive products or services they paid for, but it comes with several caveats. Even if the credit card company sides with you, the merchant may not—and they may try to collect the chargeback funds.
What Happens When You Dispute a Charge?
The Truth in Lending Act is the federal law that gives consumers the legal right to dispute credit card charges if there is a billing error, as outlined in the Federal Reserve’s Consumer Compliance Outlook. This law defines a card issuer’s responsibilities when cardholders file disputes.
When you dispute a charge with your credit card company, it must conduct what the law calls a “reasonable investigation” to determine whether the charge was correct. It must also present you with the result of the investigation within 90 days.
During that process, the credit card company typically reaches out to the merchant involved in the charge. It requests documentation from the merchant regarding the transaction in question, and the merchant may be able to state why the charge was correct.
If the credit card company sides with you, it removes the charge from your credit card statement, and you do not need to pay the charge on your credit card.
Can a Merchant Try to Collect the Money From You After a Chargeback?
The Truth in Lending Act covers your right to dispute a credit card charge, but it doesn’t define what merchants are obligated to do—nor does it bar a merchant from trying to collect the money from you later. Instead, merchant agreements outline what actions a merchant can and can’t take concerning a dispute.
A chargeback means that the credit card company decides in your favor regarding the dispute. It doesn’t mean the merchant agrees or that they’ll return your funds.
Merchants can engage in “chargeback representment” to challenge your chargeback request and prove the original payment was valid. This process can be challenging, and merchants must decide if the potential loss of revenue is worth it—or if they might lose consumer trust with an aggressive approach without evidence.
The merchant might also seek to recover its loss by invoicing you for the charges. If you don’t pay, it might threaten collections activity or even sue you. Understanding your debt collection rights is pivotal if legal action seems imminent.
What’s the Difference Between a Refund and a Chargeback?
Chargebacks are granted by card issuers, while refunds come directly from merchants. While chargebacks can become lengthy and complicated processes, refunds are often straightforward.
So long as your claim aligns with a merchant’s terms and conditions, you’ll likely receive a refund shortly after the merchant receives the product you wish to return.
How Do You Manage Chargebacks?
No one wants to deal with an issue only to have it pop up unexpectedly in the future—especially financial issues that could affect credit scores. Here are some tips to avoid future issues when you request a chargeback.
Only Dispute Credit Card Charges If You Have a Legitimate Reason
Unfortunately, some people request chargebacks even if they received the goods or services in question. They might do so because they have a problem with the vendor or simply because they don’t want to pay for the products. That last instance counts as fraud, and it could lead to your credit card account being closed or other legal consequences.
Reach Out to the Vendor First
Before you file a chargeback, give the merchant a chance to make the issue right first. Many merchants are willing to work with you and might refund the money, offer an exchange, or work to resolve your specific grievance.
As part of your chargeback process, you’ll want to demonstrate that you attempted to contact the merchant about the issue. If you file a chargeback without working with the vendor first, you give the vendor more of a reason to insist that you still owe the money.
Act Quickly
You must dispute a credit card charge in writing, and your letter should reach the credit card company within 60 days of the first bill or statement with the error on it. This short timeline means knowing how to read a credit card statement is critical.
Keep an Eye on Your Account
According to the Federal Trade Commission, you can withhold payment for disputed charges while the investigation is underway. Your credit card company can’t penalize you with late fees, interest, or reports to the major credit reporting agencies regarding nonpayment of those charges.
That doesn’t, however, extend to your account in general. Implementing relevant tips for improving your credit history can keep your score from falling during the investigation. If you do pay your credit card charges and then realize something isn’t right, you can dispute that error. A decision in your favor might result in a credit to your account.
Save the Documentation
Don’t toss receipts, emails, or other evidence just because the chargeback occurred. You might need the documentation again if the merchant decides to try to collect from you. Typically, the higher the amount in question, the more important it is to maintain your documentation.
Monitor Your Credit With Credit.com
Chargebacks won’t affect your credit score alone, but there’s a margin for error while investigation is underway. In addition to reviewing your statements regularly, ensure you’re familiar with the laws that protect you and how you can assert your rights.
If any type of inaccurate negative reporting dings your credit—whether it’s related to a chargeback collection or not—tools like credit repair letters can be vital. One way to help protect yourself is to stay on top of your credit and invest in products and services that let you easily monitor your credit, such as ExtraCredit®.
I’ve been in the real estate world since 2002 as an investor, agent, broker, and even author. Real estate has changed over the years but I still love it and still invest today. Over the years, I have learned many things and evolved from trying to rent and screen tenants based on gut feelings to developing systems that work much better!
Being a landlord can be rewarding, but navigating the world of rentals also comes with its share of challenges. To be successful and avoid unnecessary headaches, it’s crucial to avoid these common pitfalls.
Table of Contents – Top 5 Mistakes Landlords Make
1. Skipping Thorough Tenant Screening
Rushing to fill a vacancy almost always backfires. A proper screening process, including checking references, credit reports, and employment history, helps identify responsible tenants who are likely to pay rent on time and respect your property. Gut feelings are not the best way to choose tenants, even if they are friends or family, especially if they are friends or family! Don’t rush to rent a place to the first people who apply because you don’t have the time. If you don’t have the time, you should not be the one leasing the property.
I use DoorLoop for all of my tenant applications and screening. It makes managing background checks very easy.
You can read more about how I screen for tenants.
2. Neglecting the Lease Agreement
A clear, detailed lease agreement is what protects you when a dispute arises, including evictions. If you don’t have a lease or the right lease, it can make eviction take much longer and cost much more money. We try to avoid evictions but that is not always possible even with proper screening.
It must outline expectations, responsibilities, and procedures for rent payment, repairs, maintenance, and dispute resolution. Vague agreements lead to confusion and potential legal issues.
Either get a lease from a local attorney or use a high-quality online legal document generation tool. I use Legaltemplates.com. Using a local real estate attorney will be helpful in case a dispute arises later.
See my tips for the best ways to manage rental properties.
3. Ignoring Maintenance Issues
Ignoring leaky faucets, malfunctioning appliances, or minor repairs can snowball into bigger problems down the line. Prompt maintenance not only keeps tenants happy but also prevents costly damage and potential legal action. You cannot rely on your tenants to tell you about every issue. It is also important to schedule regular inspections to see if there are any major issues in the property and that the tenants are taking care of it.
See my article on how to find contractors for house flips and rentals.
4. Setting Unrealistic Rent Prices
Overpricing your property can lead to long vacancies and lost income. Research fair market rents in your area and consider factors like amenities, location, and condition before setting a price. Remember that asking price for other rentals is not always the best way to gauge market value. Those properties could be for rent for months and overpriced. Pay attention to the market to see which ones are being rented and which ones are sitting.
Zillow provides fairly accurate rent estimates (rent is easier to estimate than value).
Once you have an idea of market rent, you can use my Rental Property Cash Flow Calculator to understand your financials.
5. Failing to Communicate Effectively
Communication is key to a healthy landlord-tenant relationship. Be professional, responsive, and address concerns promptly. Ignoring tenant issues or being dismissive can create frustration and escalate into bigger problems. Ignoring tenants can also get you in trouble with the city or county where you reside.
I don’t personally deal directly with issues. I instead chose a great property manager to ensure communication is open and issues are handled promptly. They typically charge a percentage fee, which I simply build into my expenses.
Read my article on how to find a great property manager.
Conclusion
By avoiding these common mistakes, you can create a positive rental experience for both yourself and your tenants, leading to a smoother, more profitable investment.
Are you thinking about downsizing your home? Whether you’re an empty nester looking for a more manageable lifestyle or starting a family and seeking a change, transitioning from owning a house to renting an apartment can offer a ton of benefits. In this guide, we’ll answer the question of how to downsize your home, from decluttering and preparing for the move to finding the perfect apartment and making it feel like home.
Know your why: understanding the motivation behind downsizing
Before setting off on the downsizing journey, it’s important to understand why you want to make this change. There are plenty of reasons why homeowners choose to downsize, like retiring, embracing a minimalist lifestyle, saving money or moving to a smaller house in a new city. By keeping your motivation in mind, you’ll be better equipped to navigate the challenges that come with figuring out how to downsize your home.
Embracing the positives of downsizing
Downsizing your home doesn’t have to be viewed as a loss. Instead, focus on the positives that come with this transition. Consider the financial benefits, like lower mortgage payments, property taxes and maintenance costs. Downsizing can also offer newfound freedom and flexibility, allowing you to pursue other interests and experiences. By shifting your mindset and embracing the advantages, you’ll be more prepared to downsize successfully.
Planning the move in advance
To make the moving process easier, make sure downsizing your belongings ahead of time is on your to do list. This includes not only getting rid of unnecessary items but also evaluating your furniture and larger possessions. Determine what will fit into your new apartment and what you can live without. By downsizing your stuff before the move, you’ll have a clearer idea of what to expect and can make the transition to a smaller area more seamless by finding ways to save space while you save money.
Buying vs. renting: determining the best option for you
Once you’ve decluttered and prepared for the move, it’s essential to decide whether buying or renting an apartment is the right choice for you. Owning a home offers long-term stability, but it also comes with additional costs like mortgages, insurance and maintenance. On the other hand, renting provides flexibility and fewer responsibilities. Consider your financial situation, lifestyle preferences, and long-term plans to make an informed decision.
Hidden costs
When downsizing from a house to an apartment, it’s crucial to be aware of the hidden costs that might not be immediately apparent. Moving expenses, like hiring movers, purchasing packing supplies and potentially paying for a storage unit, can add up quickly.
While the apartment’s rent might seem more affordable compared to a mortgage, you have to consider the security deposit, pet fees, parking fees and any amenity fees that apartments often charge for extras like a personal on-site storage unit. These costs can significantly impact your budget, making it important to thoroughly research and factor these expenses into your financial planning.
If your new apartment requires any furnishings or renovations to make the space work for you, these are additional costs that need to be considered ahead of the move.
Utility bills
Utility bills in an apartment can differ significantly from those in a house, often leading to significant savings. Apartments typically have small rooms and less square footage than houses, which can result in lower heating and cooling costs. Many apartments offer utilities included in the rent, like water and trash services, which can simplify monthly budgeting and potentially save money.
It’s important to understand exactly what utilities are covered and what you’re responsible for paying. Some buildings may have less efficient HVAC systems or lack individual unit controls, leading to higher electricity or gas bills than expected. Researching and asking for average utility costs from the apartment management can provide a clearer picture of your monthly expenses.
Finding the perfect apartment
When searching for an apartment, it’s important to consider your specific requirements and preferences. Think about the location, amenities and size that will best suit your needs. If outdoor spaces or certain amenities are essential to you, prioritize only those things first in your search.
Consider potential future needs, like extra storage space, square footage for expanding your family or large windows for natural light. By carefully evaluating these factors, you’ll find an apartment that aligns with your downsizing goals.
Multipurpose rooms
Adapting to small rooms when moving from a house to an apartment requires creative use of space, making a multipurpose room not just a great idea, but often a necessity. A living room or guest room can double as a home office or a dining area with the right furniture and layout.
Investing in versatile furniture pieces, like a sofa bed, floating shelves, extendable dining tables or a functional storage unit, can maximize versatility without sacrificing style or comfort. Using room dividers or open shelving units for storage areas can help delineate spaces for different uses while keeping the apartment feeling open and airy. The key is to prioritize what functions are most important and design the new space around those needs, ensuring that every inch of your apartment works hard for your lifestyle.
Reviewing lease agreements and moving in
Before finalizing the lease agreement, thoroughly review all the terms and conditions. Pay attention to the rent price, security deposit, utilities and any maintenance policies.
Ensure that everything is as agreed upon and ask any necessary questions. Once you’re ready to move into your current home, you may choose to hire professional movers or handle the move yourself. Whichever option you choose, make sure you’re well-prepared and organized for a smooth transition.
Making your apartment feel like home
Once you’ve moved into your new apartment, it’s time to make it feel like home. Furnishing and decorating a smaller space requires careful consideration. Focus on selecting furniture that fits the apartment’s dimensions and serves multiple purposes in one room. Measure the rooms and furniture to ensure a proper fit. Personalize your space with colors, textures and accessories that reflect your style and create a warm and inviting atmosphere.
Decluttering
Decluttering is a critical step in downsizing from a house to an apartment. It involves carefully evaluating your possessions to decide what truly adds value to your life. Luckily, it also results in less stuff and, often, extra cash. This process not only makes the move easier and potentially cheaper but also helps in adapting to a smaller home.
Start by categorizing items into what to keep, sell at a garage sale, donate, get rid of or discard. Be realistic about the space limitations of your new apartment and prioritize items that are necessary or hold significant emotional value. Decluttering can be an emotional process, but a yard sale also offers an opportunity to refresh and simplify your lifestyle, making your new apartment feel spacious and organized.
Professional organizers
Hiring a professional organizer can be a worthwhile investment when downsizing to an apartment. These experts can offer invaluable advice and tips on how to efficiently use your new, smaller space, suggest ways to reduce clutter, and help you decide what to keep, donate or dispose of. They can also assist with the physical aspects of decluttering and organizing before the move, making the transition to a smaller home smoother and less stressful.
While the cost of hiring a professional organizer may seem like an unnecessary additional expense, their expertise can save you time and money in the long run by helping you avoid mistakes and make the most out of your new living situation. Their services can be particularly beneficial for those who are overwhelmed by the downsizing process or unsure where to start.
Embracing a minimalist lifestyle
Downsizing your home provides an opportunity to embrace a minimalist lifestyle. Prioritize what truly matters to you and let go of excess possessions. Adopting minimalist principles will not only help you maintain a clutter-free environment but also promote a sense of peace and simplicity. By using storage spaces, focusing on quality over quantity and reducing material possessions, you can create a space that feels spacious and organized.
Managing the transition and settling in
Transitioning from owning a house to renting an apartment may come with some emotional challenges. It’s important to be patient with yourself and allow time to adjust to the new space.
Take advantage of the amenities and community offered by your apartment complex to connect with neighbors and feel a sense of belonging. As you settle into your new, smaller home together, you’ll discover the benefits of downsizing and enjoy the freedom it brings.
You can live large with fewer square feet
Downsizing to a smaller home can be a transformative experience. By understanding your motivation, decluttering your belongings and carefully considering your options for your new small space, you can successfully navigate this transition.
Embrace the positives of downsizing, find the perfect apartment and create a space that reflects your style and values. With the right mindset and preparation, downsizing can lead to a simpler, more fulfilling lifestyle.