The Loan Default Support Center

Facing the Initial Impact of Loan Default

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Every person is unique, but when you face a challenge like loan default, you are never alone. Countless men and womenhave faced the exact same problem and have survived and thrived. The following guide is designed to help you navigate your journey with the best information and resources that helped other survivors when they faced the same challenge.

TSC has scoured the Internet and assembled the links to the very best loan default resources: articles, forums and tools that can help you make better decisions and take action to overcome the range of financial, emotional and other challenges you may face.

As you'll see, we always welcome your ideas and suggestions to make this Guide to Loan Default even more helpful to survivors like you.

A number of the links provided lead to sites offering commercial services. These links are given for informational purposes only and do not constitute an endorsement of the companies or any services advertised on their sites. Should you consider using any of these companies or their services, please scrutinize them carefully.

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Survivors Say: Best Resources for Coping with Defaulting on a Loan

The Big Picture    

If you find yourself in the position of defaulting on a loan, you are far from alone. Famous people have done it, large corporations and even nations have done it.

About: Banking/Loans - More Default on Loan Payments

To default simply means failing to live up to the terms of an agreement. Most loan defaults occur when borrowers miss payments, but even making late payments could be considered a default. Failing to meet any of the other terms of the debt contract could also put a loan into default, such as failing to maintain a property used to secure a loan so that it declined in value, or not carrying adequate insurance.

Nolo: Legal Definition - Default

Defaulting on a loan is a serious business. It could potentially affect your credit rating for years to come, making it more difficult for you to secure loans and paying higher interest rates when you do. In some cases, it could put other outstanding loans into default as well, even though you’ve never violated terms of any of those other agreements.

Rate Empire: Loan Default

What Happens When You Default

The first thing you can expect is that the lender will contact you. Most defaults can be cleared up by simply making up the missing payments. If you still fail to pay, however, your creditor will begin to doubt your willingness, or ability, to repay the loan. At that point the creditor may demand payment in full of the outstanding balance. The creditor may sell off the loan to a collection agency, which will then mount a campaign to pressure you into repaying the debt. This will add collection costs to the amount of your debt, which has also been steadily increasing as interest charges mount up. In the end, creditors may take legal steps to seize your wages or property that could be sold to cover the debt.

MD Bankruptcy Law: What to Do if a Bill Collector Crosses the Line 

Your Survivor Experience

It’s to your benefit to resolve the matter as quickly as possible. As time passes, your creditor will take more stringent steps to collect his money. Your best strategy is to restore the original agreement or negotiate a new one before things progress too far. If you simply make payments you may have missed, a creditor will often simply choose to ignore the default and carry on as before.

Renegotiation

If you cannot meet the payments required by the original contract, contact the lender and see if he would be willing to lower them. Often this means extending the term of the loan, which means, ultimately, you will be paying more out of pocket.

Be Cautious. Always seek financial advice from reliable sources.

Federal Deposit Insurance Corporation: FDIC Consumer News

Be very wary of advice offered by firms in the business of credit repair, debt consolidation loans, and negotiating with creditors. Many predators specialize in victimizing people in financial trouble. They know such people are worried and distressed and likely to grasp at any solution that promises relief without looking it over carefully.

Associated Content: Avoiding Foreclosure Scams

Be alert for these potential dangers when seeking to renegotiate a loan.

Rate Empire: Abusive or Unfair Lending Practices

Deal only with reputable financial institutions and have a lawyer you trust examine any legal document or loan agreement you plan to sign. The lawyer’s fees may seem expensive, but that can literally save you thousands of dollars, and important assets like your home.

If you’ve been victimized by fraud, you can find some resources here:
Federal Trade Commission: Protecting America's Consumers

Your World

Financial problems can bring with them a host of emotional problems. Depression and anxiety brought on by worry over debt can take a heavy toll on family life. When a financial crisis develops the impact can be overwhelming: bill collectors call, possessions get repossessed, or you may be facing legal actions related to your debt. It’s easy to develop a feeling of hopelessness. Negative emotions, however, are truly a luxury you cannot afford. Only clear thinking can help you get out of this mess. Keep in mind that you’ll eventually get past these financial problems, and beyond them lies a new and better life.

Learn more stress and how to deal with it.
eHealth MD: What Causes Stress?

Loan Default Myths


Dealing With Loan Default

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Information and Recommended Links for Survivors

Types of Loan Default

Consolidation Loan

Debt consolidation means taking out a new loan at, if possible, a lower interest rate and using it to pay off a number of other outstanding loans. The best sources for debt consolidation loans are your bank or credit union. Steer clear of companies who specialize in debt consolidation and promote themselves heavily. This is an area where predators tend to linger.

Home Equity Loan

Is it worth risking your home to get out of debt? If so, a Home Equity Loan (HELOC) may provide the funds you need to help you get caught up. Be sure to read what the U.S. Federal Reserve has to say about Home Equity Loans first.

The Federal Reserve Board: Putting Your Home on The Loan Line is Risky Business

Dealing with collection agencies – The time to begin negotiating with a creditor is before a debt has gone to collection, but if a collection agency contacts you, here are some helpful tips.

Debt validation – Before you begin negotiating with a collection agency be sure they have the legal right to collect the debt.

Credit Info Center: Debt Validation - The Ultimate Weapon Against the Collection Agencies

Unfair practices – What collection agencies can and cannot do is strictly limited by The Fair Debt Collection Practices Act (FDCPA). If they violate the act, you may have grounds for filing a lawsuit against them.

Always Document Your Correspondence

When communicating with collection agencies or any creditor always do it in writing. Make notes of any discussions that take place by phone and write a letter summarizing the conversation. Send all correspondence by registered or certified mail so you have proof the letter was sent:

Credit Info Center: It's Important to Handle All of Your Correspondence with Creditors and Credit Reporting Agencies via Registered or Certified Mail

Statute of Limitations

Many debts have statutes of limitations; however, they vary from state to state. A creditor who plans to sue you for the debt must file suit before the statute of limitations runs out. If you receive notice you’re being sued, be sure to show up in court to give your side of the story. The court could potentially grant your creditor a judgment that could allow him to seize property, bank accounts, or garnish your wages.

Credit Info Center: What State Should I Use in Figuring the Statute of Limitations?

Possible Treatment Side Effects

Defaulting on a loan will have a negative impact on your credit rating. A lower credit rating means you will be paying more for future loans.

To get an idea of how the credit rating system works, go here:

MD Bankruptcy Law: What is Credit Scoring?

Creating a Support Circle

  • Set up your TSC Survivor Profile
  • Join support groups of other survivors or set up your own
  • Interact and provide updates on your profile or our forums

Insurance & Work Matters

Insurance Matters

Save money by eliminating unnecessary insurance coverage. A useful guide to understanding insurance may be found here:

About: Personal Insurance

See these sites for some tips on how to save on insurance:

Borrowing against life insurance as a debt reduction strategy.

In the scramble to prevent loan default, survivors often consider borrowing against a life insurance policy. Before you take this step understand the risks:

LA Times: Borrowing From a Life Insurance Can Have Dire Consequences

Insurance you have to have

Debt contracts usually require the borrower to maintain adequate insurance on property used to secure a loan. Failure to maintain insurance can put your loan into default.

Credit insurance may help you make loan payments should you encounter financial difficulties or become disabled.

If you carry disability insurance, and illness or physical disabilities led to your present financial problems, you may be able to file a disability insurance claim.

Center for Debt Management: Guide To Disability Income Insurance

Mortgage insurance insures the lender, not the borrower.

Save money by eliminating unnecessary Private Mortgage Insurance (PMI) premiums.

Work Matters

Many people are concerned that creditors may reveal their money problems to their employer. Under the Fair Debt Collection Practices Act a debt collector may not contact you at work if your employer forbids it, or if you have informed the collector that your are represented by an attorney.

MD Bankruptcy Law: What to Do if a Bill Collector Crosses the Line

Employee Assistance Programs

Financial counseling or even monetary assistance may be available through your workplace. Some employers maintain Employee Assistance Programs (EAP) designed to help employees facing personal and financial problems.

Health-care Providers Who Can Help

Financial problems can be a major source of stress. Understanding stress and how it can affect you and your family can help you take measures to deal with it. For more information about stress and how to deal with it:

Resources to find doctors

If you don’t have a doctor, try these online guides.

The Emotional Rollercoaster

When faced with the prospect of defaulting on a loan, remember: you will get past this challenge. If you use this time wisely to learn everything you can about budgeting and debt management, you will probably never find yourself in this position again. Don’t rely on others to solve your financial problems. Fix them yourself. Some legal steps, however, may require the services of an attorney. Bankruptcy and credit laws vary from state to state, so find a reputable local lawyer experienced in debt negotiations and bankruptcy law.

Find a lawyer:

Books Survivors Recommend

U.S. bankruptcy laws changed in 2005. Make sure the book you’re using has up to date information.

What Survivors Wish They’d Known

  • Everything the credit repair firm did for me I could have done at a fraction of the cost.
  • Filing for bankruptcy brings a halt to harassment from bill collectors and foreclosure proceedings.
  • The worst thing you can do is to avoid talking to your creditors. Things can often be worked out if they know you’re at least willing to repay.
  • Bankruptcy isn’t the end of the world.
  • Scam artists aggressively target those in financial trouble. Be especially wary of people who approach you and offer quick and easy fixes.
  • Before signing any agreement, check out the company with the Better Business Bureau.
  • Have a reputable lawyer look over any contract you intend to sign. It may cost a few hundred dollars, but it can save you thousands.
  • Correspond with creditors only in writing and send letters via services that offer proof of delivery.

Dealing With Loan Default: Information and Recommended Links for Co-Survivors

How you can help

  • Assist your friend or family member by seeking out resources in the local community that may be available to people facing financial hardship.
  • Help them forget their problems for a while. Take them along to a movie or for a stroll in a public park.

What to say   

  • "There’s nothing to be ashamed of. Everyone gets in a financially tight spot every now and again.”
  • "Are you sure the person who approached you with this offer is reputable?"
  • “It’s not hopeless. There’s plenty you can do to fix your financial mess.”

What not to say

  • "How could you have let this happen to you?"
  • "Stop answering your phone. It’s probably just bill collectors anyway.”
  • “You’d better pay up. You could go to jail."

Things you can do for a survivor everyday

Survivors of loan defaults have severe money troubles. Anything you can do to help will be appreciated. Helping them raise money by selling little used personal possessions can bring in money and clean up clutter at the same time. Help them set up a garage sale or post items on eBay. A part-time job can bring the loan default survivor some badly needed extra cash. Ask your circle of acquaintances if they know of any opportunities your friend or family member may be able to take advantage of.  

Build a support network

  • Set up your TSC Co-Survivor Profile
  • Help the survivor locate reliable sources of financial advice
  • Join with others who have gone through loan default, especially any group formed to dispute harsh or unfair lending practices from the same lender

Co-signers

Have you co-signed for a loan that is now in default? The creditor will now expect you to make the payments.


Recover & Thrive

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Once you have recovered from loan default and mended the conditions that led to it, it’s time to start thinking about rebuilding your credit rating.

Repairing Your Credit Rating after a loan default

Credit Scoring and Credit Reports

Legal aspects of credit reports and factors that can affect them.
Avoiding financial problems in the future:

Credit Repair Firms

Avoid using credit repair firms. They advertise heavily, but most of what they can actually do for you, you can do for yourself, easily and inexpensively. Beware of false promises. No one can remove negative information from a credit report as long as it’s accurate.

Give back

These days news reports are filled with stories of people in financial distress, as a survivor sharing your story with them may help them get through their own financial difficulties. Make use of the resources available on The Survivors Club website and look for opportunities to volunteer in your community. There’s no better way of reinforcing a lesson learned than teaching it to others.

Worst Case

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Creditors may obtain court judgments that allow them to take drastic steps against you such as freezing your bank accounts or garnishing your wages. This often comes as a surprise to debtors who have ignored legal papers sent to them or stopped opening letters sent by creditors.

New York Bankruptcy Lawyer Blog: What Can I Do If a Default Judgment Has Been Entered Against Me in New York

Foreclosure

To many of us, losing our home may be the worst financial disaster imaginable.
When foreclosure threatens, there are steps you can take to forestall it.

Homeforeclosure Help: Stop Foreclosure Process Now

When faced with the prospect of foreclosure it helps to have a thorough understanding of the process.

Unfortunately, foreclosure sometimes doesn’t free you from money troubles.

Ezine Articles: Can Creditors Garnish Your Wages After a Foreclosure?

Following foreclosure your creditor may decide to sue you for a deficiency judgment, that is to the difference between the original amount loaned and how much he was able to recover from selling the foreclosed property. In these days of declining real estate values, losses have become much more likely and the possibility of a deficiency suit is a real concern.

United Real Estate Loan Service: Deficiency Judgment

Bankruptcy

Bankruptcy is the last resort of someone who can no longer pay his or her bills. Declaring bankruptcy can have a devastating impact on your credit rating and will be part of your credit report for up to ten years.

Squidoo: Personal Bankruptcy

It also has some benefits. Legal actions being launched against you by creditors are automatically stayed. These stays are temporary however, and can often be set aside at the request of the creditor. It can also stop harassment by creditors attempting to collect bills.

Grossbart on Bankruptcy Law

Most personal bankruptcies are either Chapter 7 or Chapter 13.

A Chapter 7 bankruptcy can completely wipe out most of your debts. However, it protects only limited assets, anything above those modest limits may be sold to reimburse your creditors.

People who wish to protect their family home and other substantial assets file Chapter 13 bankruptcies. You repay more of what you owe, but it gives you the opportunity to work out a repayment plan you can actually afford.

Nolo: Bankruptcy FAQ

Bankruptcy laws are federal, but state laws also apply so it’s important to seek bankruptcy information from sources in your home state. Some good general information may be found here.

MD Bankruptcy Law: Will I Be Able To Buy a House If I File Bankruptcy?

If you are seriously considering filing for bankruptcy, you are far from alone. Take a look at these sobering statistics:

Bankruptcy Action: Bankruptcy Statistics

Perhaps the worst scenario of all would be falling victim to one of the scams that target people in financial difficulties. They have no hesitation in taking money from those that can least afford it. They know their victim is desperate and may not be thinking clearly.

National Consumer Law Center: Dreams Foreclosed [PDF]

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Survivors Say: Best Loan Default Blogs for Now