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Real Relief ... New Stiff Restrictions Coming For Debt Relief Companies

By
Mortgage and Lending with NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 IL Lic 031.0006220/WI

 

     When asked by a customer about debt relief counseling or services, I always take the time to thoroughly examine and determine exactly what the nature of the person's debt is ... and how severe.  Many lenders will do the same, and proceed in assisting those customers thaGene Mundt Chicago Bancorp Time to Talk Clockt they feel equipped to counsel and assist at no cost to the customer

     I do this to help straighten out debt and benefit credit scores for present customers, and those considering buying in the future or refinancing present loans.  I consider it just another way I can benefit my customers and also see it as extension of my personal lending services.  When I feel the debt or circumstances are beyond me, I say so and help in finding someone that is best equipped to handle the more critical stages of debt.  I will point out, that there are some companies that are more reputable and better capable of offering that assistance.  Obtaining THOSE contacts are key to the success of debt elimination. 

     Big changes came to those companies found within the debt settlement industry yesterdayThe Federal Trade Commission placed new restrictions on companies that promise to help consumers pay-down or eliminate their credit card balances and late fees.

     These new changes will apply to all debt relief companies selling their services over the phone ... not to those that make first contact in-person or conduct business entirely online.  These rulings are much more wide-spread than it would initially appear, as the large percentage of debt settlement companies utilize radio and television marketing to promote their toll-free numbers. That means they are included under these new restrictions.

     It's been reported by the Better Business Bureau that over 3,500 complaints have been received regarding these debt settlement companies since the recent recession began.  Complaints contained out-and-out fraudulent activities and stories of debt actually accumulating higher as a result of working with these companies.  While utilizing these companies services, many customers quit making their payments, which resulted in further debt, additional interest charges, and late fees being assessed.  This only exacerbated their credit problems.

     Perhaps the best change contained within these new rulings by the Federal Trade Commission, will be that these companiGene Mundt Chicago Bancorp Mortgage & Finance Budgeting Pices can no longer charge their customers an "up-front" fee for services.

     Starting on October 27th, 2010, debt settlement companies will only be able to charge their fees AFTER a customer's debt has already been settled, renegotiated ... or at minimum, seen a reduction.  Many companies were charging a percentage of the outstanding balance as their company's service fee.  For their fee, they were promising to negotiate for reduction or elimination of debts with the customer's creditors.

     Some debt settlement companies also demanded that monies be placed aside in accounts.  Of course, the settlement company had control over the accounts.  This has been ruled out as a result of the new restrictions.  From now on, any accounts maintained must be through independent financial institutions and in the customer's name(s).  The customer will retain the ability to withdraw the monies at any time ... and free of penalty. 

     Strict penalties ($16,000 per violation) will apply to for-profit companies that do not abide by these newer, more restrictive rules.  Non-profit agencies or companies do not fall under these penalty rulings.

     I suggest strongly that you contact me or your own lender, should you wish a credit/debt evaluation ... or recommendation for a debt settlement company.  Take the time to thoroughly know and understand what you are facing.  Educate yourself to your options and how best to proceed.  With the new restrictions going into place on October 27th, you will be better protected and better served if your decision then ultimately includes the services of a debt settlement company.       

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Gene Mundt

 Mortgage Originator  -  NMLS #216987    

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Comments(31)

Kate Bourland
Marketing with Kate - Redding, CA
Onlilne Marketing Mobile Marketing

Gene, as a Debt Consultant and now Social Media and Marketing Manager for one of those "debt settlement" companies I will be blogging on this issue in depth over the next few weeks.  This ruling by the FTC cleared out the fly by night companies who only entered the vertical to take advantage of the consumer and left in it's wake strong companies who have the infa-structure and financial backing to cover the substantial up-front costs of enrolling a client in the program.  It is good for the consumer on some levels and bad on others.  The ruling will limit competition and there are other possibilities that could hurt the consumer who benefits from our help.  We still need to ferret out all of the implications of the ruling and as we do that we will discover pros and cons.  For companies like mine, who have been helping consumers settle debts for eight years, this is a good thing.

I can tell by the many comments, that the banking industry has done a great job of spreading mis-information about the debt settlement industry.  Follow my blog guys....you'll get a clear headed and honest perspective on this issue.  I haven't been blogging on debt for a while as we were waiting on this ruling.  Now that it's out my fingers can dance across the keyboard again!

Jul 30, 2010 06:45 PM
Elliott S. Topkins
Topkins & Bevans-etopkins@topbev.com - Boston, MA
Massachusetts Real Estate and Title Atty

Gene--As usual, thisis an excellent and throughly researched post. I have had clients come to me with proposals from the companuies you describe, and I counsel them to think about what they are doing to their credit, and on an riskty basis with unregulated strangers, If anyone is interested in a fiirm I do trust, look into Take Charge America out of Phioeniix Arizona. I have sent many customers there. Their fees are reasonable, and they have been honest with me and my clients.

Jul 30, 2010 10:27 PM
Claire Record
Keller Williams Realty--Boerne Hill Country - Boerne, TX

Gene....thanks for the information.  This is something I will put in my arsenal for down the road.

Jul 31, 2010 02:03 AM
Jason Potrzeba
Home Loan Investment Bank - Warwick, RI
Senior Account Executive

Nice, rarely do I see regulation that I like...

Jason

Jul 31, 2010 02:34 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Gene,

Excellent information. Jane Peters re-blogged you and I came back in person to tell you this post is fantastic!

Jul 31, 2010 02:34 AM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

Gene, glad there is no upfront fees, it will weed out the scum bags who take advantage of consumers trying to get help.

Jul 31, 2010 02:40 AM
Mike Russell
Mike Russell Real Estate Group - Overland Park, KS
Overland Park Kansas Real Estate

I hate crooks, especially ones that prey on people who are already in trouble. 

Jul 31, 2010 03:46 AM
Bill Burchard
3B Realty: 951-347-3818, CA - Murrieta, CA
Broker, Realtor, Representing Buyers and Sellers

Excellent information, Gene... and great news for the consumer. I'm glad these protections were implemented to protect troubled borrowers from predators.

Jul 31, 2010 03:51 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Barb and Sal:  Appreciate the thumbs-up!  And yes .. you're right.  It's a novel concept.  Pay for work accomplished.  Who knew???

Charita:  Yes ...  and that's how the people that seek help are treated.  Is it any wonder that many do not?

Leslie:  Hopefully this provides a clearer path to that help that is needed.  Hopelessness is not a good place to be ..

Christine:  Sure sounds like it .. and it's about time!

Chris:  That is for sure!  This makes is so much easier to refer these services.  Before ... it was not so easy.  Like telling someone to walk into a mine field ...

Roseanne:  Someone likened it to kicking someone when they were down.  I agree .. and hope that eases some of that stress and lends a helping hand.

Gene 

Jul 31, 2010 05:27 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Kate:  I will be reading your upcoming articles with great anticipation .. and hoping to learn better and more clearly the pros and cons of this new ruling.  As with anything else ... it will have some of each.  I look forward to be educated!

Elliott:  Thank you so much for your comments!  I also appreciate the recommendation.  I still think word-of-mouth is the best and most reliable form of marketing.  You give us a place to start, for sure ..

Claire:  Glad you found it helpful now .. and for the future.  Thanks for writing ..

Jason:  You have a point!!  lol  This is one that I hope hold out hopes for ..

Dorie:  Thank you for the kind words and making the effort.  My thanks to Jane too.  She's become a good friend and supporter ..

Missy:  I like that part too!  Those having debt issues don't need to be worried about scams on top of all their other worries.

Michael:  How do they expect people who already have money problems to cough up MORE money .. or even find it?  Seems predatory to me ...  you're right.

Bill:  Maybe slowly but surely strides in the right direction are being made.  We can only hope so.  Thank you for writing.

Gene  

Jul 31, 2010 05:38 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Jane:  Simply .. thank you.  I appreciate your commenting here ... and re-blogging my efforts.  So very appreciated.  You are kind and generous.

Gene

Jul 31, 2010 05:44 AM
Evelyn Santiago, Managing Broker Heart Realty Group, Inc.
Heart Realty Group, Inc.. - Oswego, IL
Passionate About Real Estate & Our Clients!

Gene:

Thanks for the overview on this new ruling.  With 25% of the population with FICO scores under acceptable levels these companies have a large market base and its important that the right regulation control them.

 

Jul 31, 2010 06:33 AM
Karen Cooper
Karen Cooper | Sr Mortgage Loan Originator ! NMLS # 223305 | First Federal Bank of Florida, Ocala, FL - The Villages, FL
Helping Homeowners w/Home Loans in 27 US States

Hi Gene - Way to get the word out! You are providing your client base with a great service. Oregon is actively pursuing debt management companies who are not providing a tangible benefit to the consumer and following the rules. Hope other states do the same thing.

Jul 31, 2010 08:55 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Evelyn:  Good point.  That's alot of people in need.  Hopefully, this provides the help .. and hope .. they so definitely need.  Good to see you, Evelyn.  Thanks for writing ...

Karen:  Thanks for your thumbs up!  It means alot.  And just so you know ... the email blast to my clients goes out on Monday!  Kudos to Oregon on its pro-active stance regarding these companies.  I too hope that other states will also step up their efforts ...

Gene    

Jul 31, 2010 11:23 AM
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

Since the vast majority of the companies in this space are bordering on fraud, it is likely a good thing that they are going to have a tougher row to hoe...  We'll see what happens.  Of course, the flip side is that there were also probably a few good companies that will have a harder time. 

Jul 31, 2010 01:29 PM
Roland Woodworth
Blue Cord Realty - Clarksville, TN
Blue Cord Realty

Gene: I think it's a good thing that the gov't steps up to help the consumer.

Jul 31, 2010 07:41 PM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

Gene, great blog on this topic, which I have been following with interest.  Sorry I didn't get to suggest!

Jul 31, 2010 07:52 PM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Erica:  I've heard them too .. so it's good to also hear that strides are being made to address the problems that exist in these companies.  Hopefully the outcome is positive for people utilizing their services.

Lane:  A few more hoops may have been created for the honest companies as well ... but I believe they would think it a small price to pay for increased credibility and a more positive perception with the public.  In the long run, it will most likely mean more business for them with the new rules in place.

Roland:  This is proof that the intervention can be positive.  It was past time for more strict rules and regulations to be in place.  

Pamela:  Thank you!  Appreciate the kind words. I thought it good news that needed some spotlight too .. 

Aug 01, 2010 04:39 AM
Kate Bourland
Marketing with Kate - Redding, CA
Onlilne Marketing Mobile Marketing

Hi Gene - Here's my educated response to this post.  I'll be adding more on the topic.  Thanks for creating a discussion.

The FTC Ruling on Debt Relief Companies May Hurt the Consumer - Not Help

 

Aug 16, 2010 01:33 PM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Kate:  Thanks for the comment and info .. I'll check it out!  Hopefully we keep the debate going ...

Gene

Aug 16, 2010 02:31 PM