What Does Your Credit Report Say About You?

What Does Your Credit
Report Say About You?

 

In the 1970s, the Fair
Credit Reporting Act played an important role in shaping the credit reporting agencies,
as we know them today.  They focus their
reports on verifiable credit information – both positive and negative
information about a consumer’s ability to pay their debts on time on a
consistent basis.

What Does Your Report Contain?

 

Personal Information:  Compiled
from credit applications that you have filled out.  (name, address- past and current, Social
Security number, date of birth, current and previous employers).

Credit History:  details about the accounts that
are in your name or that list you as an authorized user are included in the
report.  In addition, details such as
date accounts were opened, credit limit, payment terms, balance and payment
history are included.  Closed or inactive
accounts may stay on your report for 7-10 years from the date of their last
activity, depending on whether the account was paid on time or not.

Inquiries:  each time a lender, landlord, insurer, or
service provider views your credit file, the credit reporting agencies record
that inquiry.  Inquiries remain on your
credit report for two years.

Public records:  liens, bankruptcies, overdue
child support, judgments, garnishments, and foreclosures are considered public
records.  Most public record information
stays on your credit report for 7 years.

What Information is NOT on your credit
report?

Your credit report does not
contain information about your checking or savings accounts, bankruptcies that
are more than 10 years old, charged-off or debts placed for collection that are
more than 7 years old, gender, ethnicity, religion, political affiliation,
medical history or criminal record.  Your
credit score is generated by information contained in the credit report, but is
not part of the report itself.

Who Can Look At Your Credit Report?

 

Potential lenders,
landlords, insurance companies, employers, or potential employers (with your
consent), companies that you allow to monitor your accounts for identity theft,
state or local child support enforcement agencies, any government agency or
someone that has your written authorization to obtain your credit report.  The credit-reporting agency must determine
that the person or company viewing your report has a permissible purpose to do
so.

What If I Discover An Error On My
Credit Report?

You have a right to dispute
any information that is in your report.  You
will find the directions for disputing information on your credit report on the
internet or they will be part of your report when you order your free copy at www.annualcreditreport.com.  You can also call 877-322-8228 or write to Box 105281, Atlanta,
GA 30348.

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How Does Divorce Affect Your Credit Rating?

Facts:

A married couple may think
that they have one credit file but that is incorrect.  Each individual has their own credit file
containing information about accounts or credit events that are linked to their
name.  Many married couples combine their
income when applying for credit.  The
creditor then considers each individual to be 100% liable for the contract they
agreed to.  In these situations, the
credit reference will show up on both individual files.

Who is Responsible?

If two people signed on the
credit transaction, both are 100% liable for the debt until the balance has
been paid in full.  The fact that the
Judge may award that debt to one person or the other does not change the fact
that both are 100% liable.  If payments
are missed, the late payments will show up on both credit reports.

What if I did not sign for the debt,
can I still be held liable?

 

Wisconsinhas a marital property law.  This law makes each spouse liable for debt
that is taken out in the interest of his or her marriage or family.  It is possible for one person in the marriage to take out the debt, yet both parties will be held responsible for its repayment.  When a transaction is taken
out by only one person, the creditor is supposed to send out a marital property
letter to the non-signing spouse, advising them that they will be held liable
for the debt.  Issuance of that letter
may make the non-signing spouse liable for a debt that they did not agree
to.  This can be a very sticky situation
and it is best to consult with your attorney about any debts that you did not
knowingly agree to.

Action:

How do I protect my finances before the
divorce?

Most marriages have one
partner who takes responsibility for the finances.  Although this can be convenient, it can place
the other partner at a disadvantage upon separation or divorce.

1)    You need to be aware of all the accounts that you are
responsible for including:  bank
accounts, mortgages, credit cards, utility and medical bills.

2)    Dissolve all joint accounts as soon as you can.  Cancel your accounts together legally.  Start with your joint checking and savings
accounts.  If you have both signed on the
car loan you may have to refinance the loan to remove your spouse’s name.  Any bills that you pay together, such as
utilities, put in just one name.  As for
credit cards, try to work with the credit card company to transfer 50% of the
debt on to two separate cards.

3)    Sell the house immediately unless one spouse is able
to refinance the mortgage in their name alone.
If you do not sell, and one spouse takes over the mortgage, later
defaulting, the foreclosure will show up on both credit files.  This will affect the ability of both spouses
to obtain a mortgage in their own name.
If you sell right away, you can split the profits and walk away without
any further liability.

4)    Document everything that you do.  If questions arise later, you will have the
proof that you need to help rectify the problem.

5)    Review your credit file and credit scores.  Make sure that all of the information that is
being reported about you is correct.
Take action to clear up any delinquent accounts as quickly as
possible.  www.annualcreditreport.com
provides a free credit report from each of the three credit reporting agencies.

6)    Notify your doctor’s office that you are no longer
liable for your spouse’s medical debts.

Divorce is a stressful
time.  If you would like help in creating
a budget or making sense of your credit report give us a call.  Many times, we were not taught how to handle
our money at school or at home.  It is
never too late to start to organize your finances.  Education is a big part of what we do at GAP
Financial Services.  You can reach us at
920-897-4130.

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Why Estate Planning?

The main
goal of estate planning is to safeguard your loved ones after you’re gone, and
to protect yourself if you’re incapacitated during your lifetime.  There are 5 legal documents that you will
need:

 

1)     A Will.  This document explains how you want your
assets distributed after you die.  If you
don’t have one, State law makes the decision for you.  You will also name a guardian for your children.  For more information go to:  www.mystatewill.com

 

2)     A Durable Power of Attorney.  This document names
a trusted person or institution to handle your finances if you are
incapacitated.  If you were in the
hospital, the person you choose has legal authority to write checks on your bank
accounts, etc.  You can revoke this
document at any time.  If you do not, it
is valid until you die.  A power of
attorney that isn’t durable expires if you become legally incompetent – exactly
when you want it to work.

 

3)     A Health Care Proxy.  This document gives someone you
trust the legal right to make medical decisions on your behalf if you can’t
speak for yourself.

 

4)     A Living Will.  This describes the medical treatments you
want and don’t want if you are unable to make decisions.  An example would be that you may choose to
not be kept alive by artificial means.

 

5)     Copies of Beneficiary Designations.  These are
your records of any retirement accounts and the forms you filed with your IRA
provider and the administrator of your employer sponsored retirement plans such
as 401 (k), 403 (b) and 457s.  These
forms are very important – They – NOT
YOUR WILL
– determine who gets your accounts when you die.  If you don’t have copies, ask your account
custodian or plan administrator to send you a copy.

 

6)     A Trust.  This is something you may or may not need –
depending on circumstances.  Different
types of trusts can help you leave money to a minor, disabled child, or
grandchild, or to provide a lifetime income to a surviving spouse or children
from a prior marriage.

 

Estate
planning documents are typically prepared as a package by an attorney who
specializes in estate law.  Check the
Martindale-Hubble Law Directory at www.martindale.com
– it covers all legal specialties and provides basic information to attorneys’
websites.  You can also ask friends or
family for recommendations in searching for an attorney.  Lastly, you can contact your local bar
association for referrals.

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It can be expensive to violate the rights of debtors!

Fair Debt Collection Practices Act

The Federal Trade Commission is there to protect consumers.  Recently one of the country’s largest debt collectors agreed to pay a record $1 million civil penalty to settle charges of violating the Fair Debt Collection Practices Act.  Nationwide Credit, Inc., of Atlanta, Georgia, has agreed to pay a $1 million civil penalty, the largest amount ever in a debt collection case.  According to the FTC, Nationwide’s debt collectors harassed consumers, made false and misleading representations, failed to send required validation notices, failed to verify debts when requested to do so by consumers, and made impermissible third party contacts regarding consumers’ debts.

The settlement includes a comprehensive consumer complaint and resolution program which was developed by Nationwide’s new management and owners.  “Under the new program, every consumer complaint about collection practices must be thoroughly investigated and responded to – I expect the new program to set the standard for handling consumer complaints in the debt collection industry,” said Jodie Bernstein, Director of the FTC’s Bureau of Consumer Protection.

The Fair Debt Collection Practices Act prohibits abusive, deceptive and unfair debt collection practices.  For example, debt collectors cannot make false statements, threaten to take legal action they know they cannot or do not intend to take, use profanities or obscenities, call consumers at work if they know it is inconvenient or that such calls are not allowed by the employer, or call consumers at other times they know to be inconvenient to the consumer – such as before 8:00 a.m. or after 9:00 p.m.

Remember that you do have rights.  If someone is violating those rights when they contact you to collect a debt you can report them to the FTC.  Their website is:  http://www.ftc.gov.  You can also write to them at the FTC’s Consumer Response
Center, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C.  20580.  Their phone number is:  (202) 382-4357.  Make sure you have the date and time, person’s name, and specific violation when you contact the FTC to report the situation.

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How to Prevent Identity Theft

How to Prevent ID Theft

One way to protect your identity is to check your credit report periodically.  It is free to pull a credit report – you can get 1 free report from each of the 3 credit reporting agencies once during each 12 month period.  Make sure you use www.Annualcreditreport.com  or call (877) 322-8228.  Some websites advertise a free credit report but then try to sell you a monthly credit monitoring service.  This website will not charge you any fee.  Look over the credit report and make sure there are no errors.   Stagger when you pull the credit report so that you can monitor your report throughout the year. 

Securing your mailbox is another way to protect your identity.  Do not leave outgoing mail in the mailbox that someone could steal and get your personal information.  Make sure you shred any mail you have received that has your name and any identifying information on it.  Having a mailbox that is locked is another way to protect your mail.  Get your mail as soon as possible each day – don’t let it sit in the box all day or over the weekend.  Ask a neighbor to bring in your mail if you will be gone for the day or weekend.

Don’t carry your social security card with you.  Protect your bank account numbers and ATM receipts – often times ATM receipts are dropped at the bank and laying on the ground for thieves to pick up.  If someone does get a hold of your credit card or checks contact all three credit bureaus and ask them to issue a fraud alert.  Contact the local police department, Social Security Administration, and all creditors you have accounts with. 

Credit Bureaus:

Equifax:  800-525-6285

Experian:  888-397-3742

Transunion:  800-680-7289

SSA Fraud Hotline:  800-269-0271

You can ask the credit reporting agencies to flag your account and you can add a victim’s statement saying that your ID was stolen and ask that they call you to verify any credit applications.  Make sure to check your credit report and look for items you don’t recognize.  Notify the Federal Trade Commission which keeps a database of identity theft:  (888) FTC-Help, FTC, CRC-49, Washington D.C. 20580.

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Renters Insurance – Is it necessary?

Renters Insurance – Is it necessary?

 

Regardless of whether you rent or own, insurance protects you and your belongings.  Although your apartment owner is responsible for damage to the building, replacing your possessions is your responsibility.

In addition to your belongings, renters insurance can reduce or eliminate additional accident related costs.  If a guest is injured in your apartment and needs medical attention, you may be liable.  By going without insurance you are putting yourself at risk.  Ask your car insurance carrier for quotes on renters insurance.  It is not very expensive to get the coverage you need to protect yourself and your possessions.

Here are some things that renters insurance will protect your personal property against:

–Fire or lightning

–Windstorm or hail

–Smoke damage

–Glass breakage

–Vandalism & malicious mischief

–Theft

–Weight of ice, snow or sleet

–Water damage due to rupture or overflow of household appliances or plumbing,

heating or cooling systems

–Freezing of plumbing

Your policy can also cover you:

–For costs associated with defending you in a lawsuit related to an injury or

property damage

–If you are held legally responsible for fire damage to your apartment, to the

building where you live, or vacation property you rent

–If your credit cards, ATM cards, or checks are stolen or used without your

permission

Accidents happen – by having renters insurance you are protecting yourself and your possessions. You also have protection for anyone who is accidentally injured while in your home, or their property, if it is damaged by you, your children, or your pets.  Taking a couple of minutes to obtain a quote for Renter’s Insurance, and then purchasing a policy, may save you thousands of dollars for losses that are never planned for.

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Why Spend Money on Life Insurance?

Why Spend Money on Life Insurance?

 

OK – your budget is tight.  Why would you spend your hard earned money on life insurance?  There are many reasons to have life insurance, even if you are not supporting a family.

  1. Keeping your home.  Whether you live by yourself, with a spouse, or a significant other, you may want to buy life insurance to protect your mortgage.  What would happen to the person you live with if you died unexpectedly?  Would they be able to afford the mortgage without your income?  Do you want them to lose the house?

    2.   Money for everyday expenses.  You and your spouse may have planned for a future based on two incomes – but what if one of you passes away unexpectedly?  Life insurance can be used to replace the lost income so the survivor can maintain the same standard of living.  Credit card debt, car payments, loans – secured and unsecured – all the bills you pay on now – how will those be covered if you are not contributing to the budget?

   3.   Money for final expenses.  Costs for the funeral, burial, and outstanding medical bills can add up.  Do you want your loved ones to shoulder this extra burden?

4.   Children’s expenses.  If you have children, life insurance can help fund a college education.  If you die, the death benefit may be invested and potentially grow to the needed amount by the time your children reach college age.  Wouldn’t you feel better knowing that you helped prepare for their future – even if you aren’t there to see it?

The time to purchase life insurance is now!  Don’t put it off.  The younger you are when you get insurance, the lower the cost and the easier to get approved.  Your life insurance needs will change as your personal situation changes – birth of a child, marriage, etc.  Be careful to ensure the product you purchase is suitable for your long term life insurance needs.

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Dealing with Foreclosure

Dealing with Foreclosure – Making Home Affordable Program

The U.S. Department of Housing and Urban Development (HUD) is a U.S. government agency that works to increase home ownership, supports homebuyers, and offers government help for homeowners.  HUD offers free or low cost foreclosure prevention counseling throughout the country.

To find out more information about any of the programs listed below you can visit the HUD website:  www.hud.gov or call toll free:  1-800-225-5342.

Home Affordable Refinance Program – This may help you qualify to refinance your mortgage and take advantage of lower rates.  It is an option if you are current on your loan but are having trouble refinancing because the market value of your home is lower than the total you owe on it.  Your mortgage cannot exceed 105% of your home’s value.  This program is handled through your lender.  Gather your documents before you call – pay stubs, bank statements, and your tax returns.

HOPE for Homeowners Program – This program will refinance mortgages for borrowers who are having difficulty making their payments and are at risk of foreclosure but can afford a new loan insured by HUD’S Federal Housing Administration.

Home Affordable Unemployment Program – This program is designed to help homeowners who are unemployed.  If you are currently unemployed and struggling to make your mortgage payments, you may qualify for a period of at least three months of suspended payments while you look for new employment.

Home Affordable Modification Program – If you qualify you may be able to restructure your mortgage payments to make them more affordable.  Your home must be your primary residence and the mortgage must have been taken out before 1/1/09.  Your payment (including taxes and insurance) must be more than 31% of your current gross monthly income.  You must be experiencing a financial hardship.   This government program was developed to help homeowners avoid foreclosure.

FHA Home Affordable Modification Program – for those who have an FHA-insured home loan.  This program may be able to arrange a more affordable mortgage payment.

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How to Prevent Impulse Buying

How to Prevent Impulse Buying

Have you made any large purchases lately?  If so, did you think about it, save for it, research it, and THEN make your purchase?  Or, like many people, did you see something in a store that you thought would be nice to have and buy it on the spot without any serious consideration?    Buying on impulse can wreak havoc on your budget.  You say you don’t have a budget?  Well that is your first step to preventing impulse buying!

Having a budget, or spending plan, can let you see where your money is going and can help you plan for those purchases, large or small.  Having a plan insures that you are not stressed out about how you are going to pay for the item after the initial thrill of the purchase is gone. 

You might want to set some rules for yourself.  If a purchase is over ($ ?) amount, you will check the prices from at least two other merchants to insure that you are getting the best deal before making the purchase.   You may also want to set a dollar limit amount for larger purchases, let us say $300.00.  Your rule might be if you want to purchase an item over $300.00, you must not only shop for prices at least two other merchants but you must also wait at least 48 hours before making the purchase.  If you are not wiling to follow your rules, then you know that the purchase is an Impulse Purchase.  Once you walk away from the item, the idea of purchasing it may have lost its appeal.  

If your purchase requires financing, you should always consider the cost of your purchase including finance charges.  You should also prove to yourself that you could afford the payments, by saving an amount equal to your new monthly payment for at least two months.  If you cannot save an amount equal to your new payment, what makes you think that you can afford to make long-term payments for the item you want to purchase?

The best thing that you can do is plan ahead for your purchases and after you have shopped around for the item, sleep on it to make sure the item is affordable and then  CHOOSE an item that is worthy of spending your money on.

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Debt Collection in Wisconsin

Debt Collection in Wisconsin

You have rights and responsibilities under the law if you are being contacted by someone who wants to collect a debt.  If you are contacted, ask the name, address, and phone number of the company calling you.  Find out the name of the business you owe the money to, if different from the caller.  Get the exact amount they claim you owe to them.

If you dispute the debt, write to the collection agency within 30 days of receiving the initial notice and inform them that you are disputing the debt.  The collection agency must stop collection activity until a copy of the verification is sent to you.  If the debt cannot be verified, the collection agency must cease activity on your account.  A collection agency cannot initiate legal action on its own but can recommend legal action to the original creditor.

A collector cannot use obscene or threatening language with you.  It is considered harassment to contact you at unusual hours – usually defined as before 8:00 a.m. or after 9:00 p.m.  The collector can only contact your employer to verify employment or the amount of your earnings or after a final court judgment has been made on the debt.

Once your account goes into default, a creditor or collector can demand any amount they wish, up to full payment of the debt.  Although many collectors might accept smaller payments on a regular basis, they are not obligated to accept any offer you make them.

The collector cannot disclose or threaten to disclose information about your personal or credit reputation to anyone, without a legitimate business need to know it.  They can contact a third party only to determine if you reside at the location listed on your account.  If you’ve moved, they can also ask for the new address, phone number, and where you are employed.  Any further discussion between a third party and a collector is prohibited in Wisconsin.

If you have questions or concerns about a collection agency’s activities you can contact the Office of Consumer Affairs

Department of Financial Institutions

P.O. Box 8041

Madison, WI  53708-8041

(800) 452-3328 (Wisconsin residents only) or

(608) 264-7968

They can only act on complaints filed in writing or submitted through their website:  www.wdfi.org

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