Search
faq's
How do I start a budget?

First, calculate your monthly income. This information is obtained from paycheck stubs, child support, alimony, brokerage statements, etc. Make a list of all of your creditors and payments that you make to them each month. Review your bank statements and / or your check register to see how much cash is going out each month and on what. Include all your monthly living expenses, rent/mortgage, food, utilities, child care, etc. Write down all of your expenditures, no matter how small, so that you have a record. This is especially important for cash transactions. You can then determine where your money is going, where your money was wasted, and, most importantly, does your monthly income exceed your monthly expenses. If not, examine your expenses and find areas that you can cut back or eliminate. Once you have accomplished this, you can begin to put more money toward paying off debt and, ultimately more money back in your pocket.

How do I decide which expenses to cut back or eliminate?
The first step is to prioritize your expenses. There are basically three categories of expenses: essential, non-essential, and discretionary. Essential expenses are those that are vital to your survival and must be paid first. These include rent/mortgage, utilities, food car, etc. Non-essential expenses include those that would have no impact on your survival. Discretionary expenses are those that can be included in either category depending on your particular situation.


What if I am in a financial crisis?
Again, the first step is to prioritize. Place all of your bills into the three categories mentioned above, essential, non-essential and discretionary. Essential bills are those that must be paid when due to sustain your basic necessities or to avoid damaging your credit rating. Non-essential bills are those that would have no immediate impact on your life or credit report if paid late. These are unsecured debts and include medical, dental, utilities, newspaper subscriptions, etc. and, in some cases charge cards. These should be paid after all essential bills are paid. Discretionary bills are those that can be included in either category. For example charge cards could be essential or non-essential depending on what is being purchased on them and your current credit rating. For more information, contact us .


How can I find out what my credit score is?
You can order your credit reports online. The websites for the three credit reporting bureaus are: Trans Union ( www.transunion.com ) Equifax ( www.equifax.com ) Experian ( www.experian.com ) To get the best picture of your credit complexion, you should order your report from all three credit reporting bureaus. You are entitled to one free credit report from each bureau each year.


How do I dispute inaccurate entries on my credit report?
Once you have obtained copies of your credit report from the three major credit reporting bureaus you can dispute any accounts on the report with the credit bureaus that are reporting it. Write a letter to each credit reporting bureau disputing the entries. Make sure to include the account numbers, your name, social security number, and address in the letter. Also include your reason for disputing the entries. You may also be able to dispute erroneous entries online. For additional help, contact us . The credit reporting agencies will begin an investigation with the creditors. The investigation must be completed within 30 days. Once the investigation is complete, the credit reporting agencies will send you an updated credit report. When you receive the updated report, make sure the items have been corrected. If not, contact the applicable agency again until it is resolved or contact us for more information.


What do I do if I become a victim of identity theft?

The following is a list of actions you need to take:

  • Contact your creditors immediately.
  • File a police report. Occasionally, the police department is reluctant to file a report, but insist that they do.
  • Contact the three major credit-reporting agencies to have a "fraud alert" placed on your file.
  • Keep copies of all correspondence. You want to have proper documentation in the case that problems arise later due to the identity theft.
  • If your social security number was stolen contact the social security department and have them cancel the number and re-issue a new social security number.

What about Bankruptcy?
Bankruptcy can stay on your credit report for up to 10 years and should be used only as a last resort. The underlying policy of bankruptcy law is that the honest debtor who is in debt beyond his/her ability to repay the debt should be given a fresh start through the discharge of debts in a bankruptcy proceeding.


Can I keep my house after bankruptcy?
Depending upon which exemption scheme is selected and your circumstances, you may exempt up to $100,000 in equity. When calculating your equity you should use a value that is based upon a forced liquidation as opposed to the best selling conditions to arrive at a value for your home. Once you know the value, subtract the amount owed plus selling and transfer costs from the value to calculate the equity. In the depressed California market, liquidated properties are often valued less than what we like to think the property is worth.


Can I keep my credit cards after bankruptcy?
Under some circumstances you may keep your credit cards. There are many factors which must be considered. Some of those include the credit card balance at the time of the bankruptcy, what the credit card company is willing to do and your ability to pay the present and future credit card debt.


Will I lose my job?
No. Bankruptcy laws prohibits discrimination based upon a debtor filing for protection under the bankruptcy laws.

Will my employer find out about my bankruptcy?
Under normal circumstances, unless your employer is a creditor, your employer will not know.

Will bankruptcy stop a wage attachment?
Yes


Will bankruptcy stop a judgment?
Yes. Most civil judgments are stopped by bankruptcy.


Will a bankruptcy remove a lien?
Under some circumstances once the bankruptcy proceedings have started, special motion can be filed to remove certain liens. It will take a bankruptcy court order to remove them. This is a complicated area of the bankruptcy law and an attorney should be consulted.


Will bankruptcy stop an eviction action?
Perhaps. However, this will only delay the inevitable. The owner is entitled to possession of his property and at best you will be able to remain in the property until you have received your discharge from bankruptcy or the landlord obtains an order from the bankruptcy court. I must caution you that if the only reason you filed the bankruptcy is to stop an eviction then this might be considered an abuse of Chapter 7. If the bankruptcy court finds that this is true then the court can immediately dismiss the bankruptcy and impose other legal and monetary sanctions on you.


Will bankruptcy stop a foreclosure?
Yes. However, a home is an asset usually secured by a deed of trust. The mortgage company is entitled apply to the court for relief from the automatic stay, the order preventing creditor action by virtue of the bankruptcy. Depending upon several factors, you may be able to prolong a foreclosure until you have received your discharge from bankruptcy. Usually, to keep a home that is in foreclosure you will have to make a deal with the note holder.


Will bankruptcy wipe-out my obligation to pay community debts?
In general, you will be discharged from all dischargeable community debts. However, you should discuss this with your family law attorney to understand the other implications of the filing of a bankruptcy during the pendency of a dissolution action (divorce case). Also, remember that if you are discharged from community debts, your spouse is responsible for the entire balance owing on the debt.


Are there any debts that I can't wipe out in bankruptcy?

Yes, there are certain debts that are NOT dischargeable in bankruptcy. Generally speaking, the following debts will not be discharged:

  • Taxes.
  • Spousal and Child Support.
  • Debts arising out of willful or malicious misconduct.
  • liability from driving while intoxicated.
  • debts from a prior bankruptcy.
  • Student loans.
  • Criminal fines and penalties.

Those debts which are secured will be discharged, however, expect the creditor to take the necessary legal steps to take back any collateral. In most cases if the debtor's equity interest in the property is exempt, the debtor may retain the property by redemption or reaffirmation.

For more information or alternatives to Bankruptcy, contact us

 

www.MortgageDesigners.com
Our Resources:

  Loan Process

  Mortgage Calculator

  Our Partners

  FAQ's



Mortgage Designers, & www.MortgageDesigners.com © 2007 All Rights Reserved