Tag Archives: action
If You Are Behind on Mortgage Payments, Take Action NOW!
I have gotten some emails from people who have wanted me to buy their house. The only problem is that they have waited too late. You see when faced with a problem like losing your home, many people get very nervous and scared.
In fact many families feel paralyzed with fear. They are so scared of what could happen to them with losing their home and their security that they aren’t sure what move to make. It is a very tough situation because you have one person telling you to file bankruptcy. You have another person telling you to talk to the bank (and you don’t want to talk to the bank because you don’t have the money that they want anyway). You have yet another person telling you to sell the house while you still can.
Well, I’m here to give you the most unbiased opinion I can. Your first option is probably the easiest. Do Nothing! If you are paralyzed with fear or angry about the situation then you can simply do nothing and hope that somehow the situation works itself out. Well more often than not the situation will NOT work itself out. People who help themselves in life do much better than those who just let life hit them. Take some action now. The longer you wait the less options you have.
If nothing else, sit down and right out your options so that you can see them on paper. Once you visually see them they won’t seem so confusing. Your next option is bankruptcy, well regardless of what any attorney may tell you here is a fact about bankruptcy. If you cannot afford your house then bankruptcy is only a temporary fix. It is like putting a band-aid on a gunshot wound. In some cases it may hurt your credit worse than the foreclosure.
For example, you can usually get a mortgage on a house after you are 2 years out of foreclosure. If you have a bankruptcy you may have to wait longer. Also, bankruptcy cost money. In many cases several thousands of dollars. You might be better off putting that money toward a workout plan with your bank. I have seen people say that many times before.
Your final option (in general) is to sell your house. The way I think about this is by this logic: If you can’t afford the house and you are going to have to move anyway, why not sell it and try and make a couple of bucks to help you along in your move. After all we are not really attached to any particular piece of property. Wherever we lay our head is our home. So stop all the unnecessary stress and move to a place you can better afford, if this is your only option. So please be proactive in your situation. The outcome has a better chance of being something that you control.
Till next time, Good luck and God Bless and remember… If you have any questions about saving or selling your home or any topics on real estate that you would like to know more about please email me and I will answer your questions in this column.
About Student Loan Garnishment
What is Administrative Wage Garnishment (AWG)?
Administrative wage garnishment (A.W.G) is the process by which a Federal agency (Dept. of Education) or a third-party given authority by a Federal agency (the collection agencies) may, without first obtaining a court order, order an employer to withhold amounts from the debtors wages to satisfy a delinquent debt. Dept. of Education considers AWG to be a tool of last resort. Before using AWG, Dept of Education expect its representatives to have attempted to resolve the debt through voluntary means: attempting to secure the balance in full, an approved settlement, or installment payments that are “reasonable and affordable” based on the debtors individual financial circumstances. Some within the industry may consider this the guaranteed recovery method.
Representatives must consider whether the debtor presents a legitimate defense to the repayment of the debt(s), and whether AWG may be ineffective because the debtor is self-employed or a Federal employee, in which cases the collection agency will recommend litigation or a salary offset.
What is the purpose of AWG?
The purpose of an AWG is to recover the amounts for the Federal taxpayers without the cost of litigation fees. It was created to basically recover the unpaid debts arising from federally supported activities, which include student financial assistance.
What are the debtors rights in the AWG process?
-To be sent a notice 30 days prior to ED ordering the wage garnishment that explains EDs intention to garnish, the nature and amount of the debt obligation, and the opportunity to inspect and copy records relating to the debt, to object to garnishment to collect the debt, and to avoid garnishment by voluntary repayment on terms agreeable to ED.
-To have the opportunity to inspect and copy Department records pertaining to the debt. (A copy of the original signature left on the promissory note and a payment history)
-An opportunity to present evidence and argument and on any objection by the debtor to the existence, amount, or enforceability of the debt, and to obtain a ruling on the objection.
-An opportunity to prove that the garnishment of 15% of the debtors disposable pay would produce an extreme financial hardship.
-Having garnishment action withheld by filing a timely request for a hearing, until the hearing is completed and an adverse decision issued; Not to be discharged from employment, refused employment, or subject to disciplinary action due to the garnishment, and to seek redress in federal or state court if such action occurs; and Not to have any information provided to the employer but that which is necessary for the employer to comply with the withholding order.
-An opportunity for a hearing to present and obtain a ruling on any objection that garnishment cannot be used at this time because the debtor is now employed for fewer than 12 months after involuntary separation from the most recent prior employment.