Michael Creed's Blog

Credit and Divorce
July 24th, 2008 8:44 AM
Oftentimes, in the world of online lending, I see part of today's topic, "Credit and Divorce," as the exact reason that a person has inquired about a new mortgage - a pending divorce.  Although unfortunate, it's a fact of life that some married folks must deal with.

Below is an excerpt that I pulled from the FTC's website that addresses the advantages and disadvantages of Individual vs. Joint accounts, as well as account "users" and what happens if you divorce.

Mary and Bill recently divorced. Their divorce decree stated that Bill would pay the balances on their three joint credit card accounts. Months later, after Bill neglected to pay off these accounts, all three creditors contacted Mary for payment. She referred them to the divorce decree, insisting that she was not responsible for the accounts. The creditors correctly stated that they were not parties to the decree and that Mary was still legally responsible for paying off the couple's joint accounts. Mary later found out that the late payments appeared on her credit report.

If you've recently been through a divorce - or are contemplating one - you may want to look closely at issues involving credit. Understanding the different kinds of credit accounts opened during a marriage may help illuminate the potential benefits - and pitfalls - of each.

There are two types of credit accounts: individual and joint. You can permit authorized persons to use the account with either. When you apply for credit - whether a charge card or a mortgage loan - you'll be asked to select one type.

Individual or Joint Account

Individual Account: Your income, assets, and credit history are considered by the creditor. Whether you are married or single, you alone are responsible for paying off the debt. The account will appear on your credit report, and may appear on the credit report of any "authorized" user. However, if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), you and your spouse may be responsible for debts incurred during the marriage, and the individual debts of one spouse may appear on the credit report of the other.

Advantages/Disadvantages: If you're not employed outside the home, work part-time, or have a low-paying job, it may be difficult to demonstrate a strong financial picture without your spouse's income. But if you open an account in your name and are responsible, no one can negatively affect your credit record.

Joint Account: Your income, financial assets, and credit history - and your spouse's - are considerations for a joint account. No matter who handles the household bills, you and your spouse are responsible for seeing that debts are paid. A creditor who reports the credit history of a joint account to credit bureaus must report it in both names (if the account was opened after June 1, 1977).

Advantages/Disadvantages: An application combining the financial resources of two people may present a stronger case to a creditor who is granting a loan or credit card. But because two people applied together for the credit, each is responsible for the debt. This is true even if a divorce decree assigns separate debt obligations to each spouse. Former spouses who run up bills and don't pay them can hurt their ex-partner's credit histories on jointly-held accounts.

Account "Users"

If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, a creditor who reports the credit history to a credit bureau must report it in your spouse's name as well as in yours (if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.

Advantages/Disadvantages: User accounts often are opened for convenience. They benefit people who might not qualify for credit on their own, such as students or homemakers. While these people may use the account, you - not they - are contractually liable for paying the debt.

If You Divorce

If you're considering divorce or separation, pay special attention to the status of your credit accounts. If you maintain joint accounts during this time, it's important to make regular payments so your credit record won't suffer. As long as there's an outstanding balance on a joint account, you and your spouse are responsible for it.

If you divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. Or ask the creditor to convert these accounts to individual accounts.

By law, a creditor cannot close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor, however, does not have to change joint accounts to individual accounts. The creditor can require you to reapply for credit on an individual basis and then, based on your new application, extend or deny you credit. In the case of a mortgage or home equity loan, a lender is likely to require refinancing to remove a spouse from the obligation.

For More Information

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

Source: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre08.shtm

If you have any questions or concerns about your credit and how it relates to a past or pending divorce, please contact me to discuss your options further. Thanks for reading!

 


Posted by Michael Creed on July 24th, 2008 8:44 AMPost a Comment (0)

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Buyer's Agency
July 18th, 2008 10:47 AM

 

A Buyer Agency is defined as a "principal-agent relationship in which the broker is the agent for a buyer, with fiduciary responsibilities to the buyer." What does that mean? It means that as a buyer's agent you are tied to the buyer, and that all of your loyalties are to the buyer. Or, if you are a homebuyer, that your agent is tied to you, and that all of their loyalties are to you.

Buyer agency is a relatively new concept for the real estate world. In the past, agents were Seller's Agents, working for the person who signed a contract employing them to sell real estate. Over time that arrangement resulted in too many misunderstandings. A buyer working with a Seller's Agent often regarded that person as his/her agent, and felt free to make confidential statements, not understanding they would be passed on to the seller.

Complaints were made to real estate commissions, and lawsuits were filed. As a result, many states now require Realtors® to explain agency status to the buyer. In many states, this disclosure must be made at the first significant contact with the buyer, even if that contact is over the phone.

In today's real estate world, you'll find agents who work as Seller's Agents and Buyer's Agents, and in some areas you'll see Dual Agents and Designated Agents. Here's a simplified breakdown of those terms.

Seller's Agent

This agent's duty is to obtain the best deal for the seller. They are allowed to give the buyer only material facts about the property.

A Seller's Sub Agent is an agent from another office who is not working as a Buyer's Agent.

Buyer's Agent

This agent's duty is to obtain the best deal for the buyer. They may pass along any and all information they obtain about the seller or the property to the buyer.

Dual Agent

This agent must be loyal to both parties. Dual agency occurs when a real estate agency owns a listing, and an agent from the office, working as a buyer's representative, shows that listing.

In areas where it's allowed, Dual Agency must be disclosed and agreed-to in writing by both parties. Many consider this type of agency to be similar to "walking a tightrope," since it's sometimes difficult for the agent to focus on the needs of one client versus the other.

Designated Agent

Very similar to Dual Agency, and also not available everywhere. The broker-in-charge designates two agents to work a transaction, one for the seller, one for the buyer.

You might think that all Buyer Agents are alike. Not so. There are two entirely different opinions on the definition of the term.

NAEBA
Members of the National Association of Exclusive Buyer Agents represent only buyers. They never handle listings, even for their own homes.

REBAC
The Real Estate Buyers Agent Council is associated with the NAR (National Associated of Realtors). Some members choose to be exclusive Buyer Agents, but others represent both buyers and sellers, depending on the transaction.

Although they aren't required for membership, this group awards two designations for completion of Buyer Agency training. The ABR (Accredited Buyer Representative) is awarded after successful completion of a 2-day class. The ABRM (Accredited Buyer Representative Manager) is the more advanced designation given to broker/managers.

Visit both Web sites to learn more about the differences between NAEBA and REBAC.

To learn more about why you should hire a real estate professional, please view this posting on my blog from November of last year.

Parts of this article were paraphrased by an article found on about.com.


Posted by Michael Creed on July 18th, 2008 10:47 AMPost a Comment (0)

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DAP in Danger of Elimination
July 11th, 2008 5:02 PM

 

The Department of Housing and Urban Development (HUD) has re-issued a proposed rule that would eliminate all private downpayment assistance programs (DAPs) and we need your help to make sure that doesn't happen! 

As you may know, DAP programs - such as the Nehemiah Program - have a long history of successfully protecting and advancing homeownership opportunities for homebuyers. For over 10 years, Nehemiah has worked together with lenders to help more than 290,000 families achieve their homeownership goals.

Together, we can defeat HUD’s proposed rule.

Act Now! We Only Have One Month to Stop This Action

Please speak up now! The proposed rule comment period ends on August 15, 2008.

Making your voice heard is simple. Submit a comment through Nehemiah's website and let Federal housing officials and your congressional representatives know how you feel about preserving private downpayment assistance as an option for today’s homebuyers.

Your Trusted Source

I will continue to be your trusted source of information on this important matter. Please watch my blog for updates as they become available.

 


Posted by Michael Creed on July 11th, 2008 5:02 PMPost a Comment (0)

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