My American Benefits Plan - Home
 
With Kelly Edmiston and Mary Ann Martello

As the saying goes, sometimes “bad things happen to good people.” Any one of us can have bad things happen, especially when it comes to finances. This is only becoming more and more evident with the economic situation taking place right now in the United States. No one is safe from job loss, bank closures, tax increases or foreclosure. All of these incidents can lead to an escalating downward spiral, leaving many in a no-end financial crisis with seemingly nowhere to turn to for help.

 
Gov’t Agencies Are Better Than Lawyers
That’s where the government comes in. Not only is there help for people when can’t afford their bills, but the government can also work for you when you find you’ve been taken advantage of by a stock broker, your credit card company, a bank or some other financial institution. Uncle Sam has put into place agencies to help you protect your money, your credit and your home. You can check out the health of your bank, your pension fund, your credit, and your investment advisor before you even step in the door. You need to learn how to protect what you have and clearly understand the risks and responsibilities of any investment you make, whether it is in the stock market or in a home.
 
Cops For Your Stocks
The Office of Investor Education and Advocacy through the Securities and Exchange Commission offers classes, beginner’s guides as well as an online complaint form if you run into problems. The Beginner Guides will help educate you before you invest a penny of your hard earned money, so that you clearly know where you are investing your money and what the risks are. For example, if you are an investor and you decide to put your money into a mutual fund, but then find out that you are getting charged high fees and high taxes, there is a government office that can help you. The Office of Investor Education and Advocacy is where you can rectify any problem you may be having.
 
Protection From Bad Investment Advisors

That’s not all. Let’s say you’re not sure what to do with your money or your assets and you decide to talk to an investment advisor about it. Unfortunately, there are a lot of dishonest brokers out there who will charge you high fees and use your money in ways that aren’t always in your best interest. Well, Uncle Sam has developed ways to prevent you from choosing the wrong investor with websites like that offered by the Investment Adviser Public Disclosure where you can learn about the investor before you pay him any money. If you’ve made a bad decision and you did choose a dodgy investor, the government has an office where you can file complaints and they will research your complaint, contact the firm or person you have complained about and ask them to respond to your specific complaint or question. If the problem is resolved, Uncle Sam has just saved you a lot of money in legal fees.

 
Don’t Pay For Help With Your Credit

The government now requires credit reporting companies to give you a free credit report each year. By reviewing your report you can see if any errors are there and correct them before they become an issue. The Federal Trade Commission, will investigate any disputes you may have…again, at no charge to you, thus saving you a lot of money so that you don’t always have to turn to high priced lawyers to get your problems solved. The Federal Trade Commission can help you learn how to manage your credit in a good, responsible way, so that any sudden downturn in the economy won’t catch you off-guard.

Speaking of lawyers, the government even has an office where you can get free legal information and services when you can’t afford to hire a lawyer to help you out of your sticky situation.

There are a lot of ways people get stuck in life. Not having a job, health insurance, housing or food is hard enough without having to worry about whether the banks, investors and others are doing their job to protect consumers. Those people who are struggling need to know that there is help from Uncle Sam and their fellow Americans that will allow them to create and maintain a better life.

 
More Help If You Get In Real Trouble

A lot of individuals and families aren’t aware of is that many government agencies and other organization do have help available. You could save yourself a lot of energy, time, money, and even your home if you act as soon as you can when you find out that there is a problem.

  • For example, through a Career One-Stop partnership with Cumberland County Technical Education Center in Maryland, Jeannie, who is a single mom of five kids, finished her G.E.D. and was able to get the Commercial Driver’s License she needed to eventually land a good job
  • Additionally, through the Acorn Housing homeownership counseling program, Lee Yang, Ger Xiong, and their ten children were rescued from predatory lending, which saved them from becoming homeless by helping to lower their monthly mortgage payment.
  • Another example pertains to a young couple not able to make their house payment. Through the Homeownership Preservation Foundation, Ben and Kerry were finally able to get back on track by speaking with a FREE financial counselor and reassessing their monthly financial burdens. By being in touch with a free counseling service, this couple sold their home and saved their credit, allowing them to save for a down payment on a home they could afford in the future.
Below are some helpful ways you can protect yourself and your family during bad economic times.
Matthew Lesko
Information USA
 
Your Money is Protected by the U.S. Government

Luckily, in America, the general public is protected against losing all of their money if a bank goes under. This protection is called Deposit Insurance Coverage, which is run by the Federal Deposit Insurance Corporation (FDIC).

The FDIC is an independent agency of the United States government that protects against the loss of deposits if an FDIC-insured bank or savings association fails. FDIC deposit insurance is backed by the United States government. Since the FDIC was established in 1933 in response to the Great Depression, no depositor has ever lost a single penny of FDIC-insured funds.

The great thing about this coverage is that it’s automatic. There is no need for you to apply for FDIC insurance or even to request it.

 
So, is YOUR money protected?
It’s important to remember that not all banks and financial institutions are FDIC insured. As a smart consumer, you want to have your money in a bank that offers FDIC insurance because if a bank files for bankruptcy, you will want to get your money out and not risk losing your savings.
First of all, here is what is covered under FDIC:
FDIC insured:
  • deposit accounts, including checking and savings accounts
  • money market deposit accounts
  • certificates of deposit (CDs)
Not FDIC insured:
  • stocks
  • bonds
  • mutual fund shares
  • life insurance policies
  • annuities
  • municipal securities

Secondly, up until the recent bailout bill passed on October 3, 2008, the FDIC insured accounts up to $100,000. However, due to the $700 billion economic bailout, FDIC is now raising their insurance level to $250,000; these amounts are valid, as of now, until December 31, 2009:

  • Single Accounts (owned by one person): $250,000 per owner
  • Joint Accounts (two ore more persons on the account): $250,000 per co-owner (this means that you can have a total of $500,000 in a two-person account)
  • IRAs and certain other retirement accounts: $250,000 per owner
  • Trust Accounts: $250,000 per owner per beneficiary subject to specific limitations and requirements

Lastly, the FDIC has created a website to help consumers find out if their money is fully protected by FDIC insurance.  The website is http://myfdicinsurance.gov/, and if you have

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deposit accounts in any FDIC-insured banks, then you can enter in the name the bank and amount of your deposits, and find out if it’s backed by FDIC.   It’s important to remember that not all banks and financial institutions are FDIC insured. If you have questions about FDIC coverage limits and requirements, you can go to: http://myfdicinsurance.gov/ or call toll-free at 877-ASK-FDIC. You can also fill out a Customer Assistance Form online: https://www2.fdic.gov/starsmail
 
What Happens if Your Bank is NOT FDIC Insured?

You can find federally insured banks here: http://www2.fdic.gov/idasp/main_bankfind.asp; however, like we said, sometimes bad things happen to good people. You may have been lured in by a bank’s no-fee accounts or maybe you just made a wrong banking choice. Either way, there is help for those people who have been taken advantage of by a non-federally insured bank:

  1. The FDIC has a Division of Compliance and Consumer Affairs, which consumers can call toll-free at 877-275-3342 or send an email through the FDIC’s online Customer Assistance Form: https://www2.fdic.gov/starsmail

  2. Your state’s Attorney General can receive your complaint/s and take action to finding resolution to your problem. The Attorney General has a staff of attorneys and investigators who figure out what needs to be done to help protect people and catch and punish criminals. To find your state’s Attorney General’s office, go to: http://www.naag.org/attorneys_general.php

  3. The Federal Trade Commission helps protect America’s consumers. As part of their consumer protection, you can file a complaint with them at https://www.ftccomplaintassistant.gov.
What Happens if My Bank Fails?

Federal law requires that the FDIC makes insured funds available as soon as possible. In most cases, this occurs by the next day. Generally, the FDIC finds another bank that is willing to take over, or buy the rights to the failing bank. This would mean all existing customers immediately become customers of the new bank, and business continues as usual.

 
 
 
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Chapter 1 Pensions
 
The Pension Tax Guys

No need to pay an attorney money to interpret the tax issues surrounding retirement and pension plans. You can talk to the guys who wrote the law! The Internal Revenue Service operates a hotline that allows you to speak to hose specializing in retirement and pension plan issues. They are available to help you Monday through Friday, so give them a call.
Contact
Internal Revenue Service,
TE/GE Division, Correspondence Unit,
P.O. Box 2508, Cincinnati, OH 45201;
877-829-5500; Email:
RetirementPlanQuestions@irs.gov;
http://www.irs.gov/retirement/sponsor/article/0,,id=140413,00.html;
http://www.irs.gov/retirement/article/0,,id=96919,00.html

 
Pension Watchdogs
Pension Benefit Guarantee Corporation is a federal corporation created by the Employee Retirement Income Security Act of 1974. It currently protects the pensions of nearly 44 million American workers and retirees in 30,000 private single-employer and multiemployer defined benefit pension plans. Under PBGC's single-employer program, PBGC takes responsibility for paying benefits to current and future retirees when a pension plan runs out of money, when a company liquidates and has an underfunded plan, when PBGC must end a plan to protect participants and the insurance fund, or when a sponsoring company demonstrates it cannot continue funding a pension plan and stay in business. PBGC guarantees "basic benefits" earned before your plan’s termination date (or the date your employer’s bankruptcy proceeding began, if applicable), which include:

 
•  Pension benefits at normal retirement age
•  Most early retirement benefits
•  Annuity benefits for survivors of plan participants
•  Disability benefits (see exception below)
•  PBGC does not guarantee:
•  Health and welfare benefits
•  Vacation pay
•  Severance benefits
•  Lump-sum death benefits for a death that occurs after the date the plan ended

 
Disability benefits for a disability that occurs after the plan’s termination date (or the date your employer’s bankruptcy proceeding began, if applicable)
When a company's pension plan is transferred to PBGC, the company is sometimes unable to locate persons who participated in that plan and is hence unable to give them any benefits they may be owed. PBGC is now continuing to look for them through the "Missing Participants" service. If you think you are owed a pension check out https://search.pbgc.gov/mp/ They also offer several publications to help educate you on your pension benefits and rights. Check out Your Guaranteed Pension at http://www.pbgc.gov/workers-retirees/benefits-information/content/page14090.html and Your PBGC Benefit Options: Questions and Answers for Participants at http://www.pbgc.gov/workers-retirees/benefits-information/content/page13389.html
For more information contact
Pension Benefit Guaranty Corporation,
P.O. Box 151750, Alexandria,
VA 22315; 800-400-7242;
http://www.pbgc.gov/
 
How To Check Up On Your Pension
It’s a good idea to check its pulse, blood pressure, and heart rate. You want to make sure your pension is around longer than you are. The Employee Benefits Security Administration can help you do that. They require administrators of private pension and welfare plans to provide plan participants with easily understandable summaries of plans; to file those summaries with the agency and to report annually on the financial operation of the plans. To find your local office go to http://www.dol.gov/ebsa/AboutEBSA/org_chart.html#section13 Consumer publications are available at http://www.dol.gov/ebsa/consumer_info_pension.html
For more information contact
Employee Benefits Security Administration,
U.S. Department of Labor,
200 Constitution Ave., NW,
Washington, DC 20210; 866-444-EBSA;
http://www.dol.gov/ebsa/
 
I’ve Been Working On The Railroad

For all those engineers, conductors, linesmen, and caboose riders, the Railroad Retirement System is the one responsible for managing the retirement system. It covers all railroad firms and distributes retirement and disability benefits to employees, their spouses, and survivors. They have information on service and compensation, appeals, and more.
For more information contact
Railroad Retirement Board,
844 North Rush St., Chicago,
IL 60611; 800-808-0772; 312-751-7139;
http://www.rrb.gov/

 
For Those Employees Of The Big Guy

Uncle Sam takes care of those dutiful bureaucrats through the Federal Employees Retirement System (FERS). FERS is comprised of three parts: a basic benefit plan, Social Security, and a Thrift Savings Plan. As a current or former employee of the Federal Government, you can find general and personal information about retirement benefits and make changes concerning your annuity payment.
For more information contact
U.S. Office of Personnel Management,
Retirement Operations Center,
Post Office Box 45, Boyers,
PA 16017; 888-767-6738;
http://www.opm.gov/retire/

 
 
Chapter 2 Commodities
Are Commodities For You?
Do people really invest in pork bellies? And if so, why don’t you ever see people lined up on the supermarket waiting to buy them? While the Commodity Futures Trading Commission (CFTC) may not be able to answer these sophisticated investment questions, they do offer resources explaining how the commodity market operates. The CFTC's mission is to protect market users and the public from fraud, manipulation, and abusive practices related to the sale of commodity and financial futures and options, and to foster open, competitive, and financially sound futures and option markets.
 
 
You can visit the Education Center at http://www.cftc.gov/educationcenter/index.htm which has information on Futures Market Basics, and Economic Purpose of Futures Markets and How They Work, as well as how to check the status of your broker, understanding your contractual obligations, and how to handle dispute resolution. The CFTC’s Reparations program is designed to provide an inexpensive, expeditious, fair, and impartial forum to handle customer complaints and resolve disputes between futures customers and commodity futures trading professionals.
You can find the Reparations Program at http://www.cftc.gov/customerprotection/redressandreparations/
reparationsprogram/index.htm
For more information contact
Commodity Futures Trading Commission,
3 Lafayette Center, 1155 21st St.,
NW, 9th Floor, Washington,
DC 20581; 202-418-5080;
http://www.cftc.gov/index.htm

 
 
Chapter 3 Banks
 
When Your Banker Takes You To The Cleaners

Even though you have good credit and a good job, your bank won’t give you a car loan because you’re divorced. What if your bank makes unusual deductions from your bank account each month for maintenance charges you don’t understand? What if you are having trouble with your bank issued credit card or mortgage. Depending upon what type of bank you have, they are regulated by different offices.

 
 

National Banks (banks that have the word National in their names or the initials N.A. after their names) are regulated by: Comptroller of the Currency. The OCC Customer Assistance Group was created to answer questions, offer guidance, and assist consumers in resolving complaints about national banks and their subsidiaries.
The first step is to try to resolve a complaint directly with your bank or its operating subsidiary before involving an outside agency. If you are unable to do so or are uncertain about whether your complaint involves an organization that the OCC supervises and regulates, the OCC Customer Assistance Group will try to assist you.

General inquiries about banking laws or practices often can be answered on the phone or through email by a Customer Assistance Specialist. The specialist may also be able to suggest other ways for you to try to resolve your problem directly with the bank or its subsidiary.
For more information contact
Comptroller of the Currency,
U.S. Department of the Treasury,
Customer Assistance Group,
1301 McKinney St.,
Suite 3450, Houston,
TX 77010; 800-613-6743;
http://www.occ.treas.gov/
 

FDIC-Insured Banks are regulated by the Federal Deposit Insurance Corporation. The Federal Deposit Insurance Corporation (FDIC) preserves and promotes public confidence in the U.S. financial system by insuring deposits in banks and thrift institutions for at least $100,000; by identifying, monitoring and addressing risks to the deposit insurance funds; and by limiting the effect on the economy and the financial system when a bank or thrift institution fails. FDIC Bank Find at http://www2.fdic.gov/idasp/main_bankfind.asp allows you to locate detailed information regarding a single FDIC-insured institution. This information includes answers to questions such as: Is my bank insured? Where are my bank's branches located? Where is my bank's home (main) office located? What is my bank's Web site address? What happened to my bank? Does my bank have a new name? Is my bank still open? Who do I contact with a complaint? The Office of Consumer Affairs will educate you about your rights, and help you file a complaint if necessary.
For more information contact
Office of Consumer Affairs,
Federal Deposit Insurance Corporation,
550 17th St., NW,
Room F-130, Washington,
DC 20429; 202-736-000;
877-275-3342;
http://www.fdic.gov/

Savings and Loans are regulated by the Office of Thrift Supervision (OTS). The OTS examines each savings association every 12-to-18 months to assess the institution’s safety and soundness, and compliance with consumer protection laws and regulations. OTS will investigate complaints against thrift institutions. Complaints are reviewed to ensure compliance with federal consumer protection laws and regulations, including those that prohibit discrimination.
For more information contact
Office of Thrift Supervision,
U.S. Department of Treasury,
1700 G St., NW, Washington,
DC 20552; 202-906-6000; 800-842-6929;
http://www.ots.treas.gov/

State Banks are regulated by your State Government Banking Commissioner located in your state capital. A consumer complaint may be filed with this office regarding a State-Chartered Bank, State-Chartered Trust Company, Mortgage Broker, Mortgage Lender, Finance Company, Payday Lender, or other Supervised Lender. You can locate your state Banking Commissioner by going to http://govengine.com/ and clicking on your state.

 
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Chapter 4 Insurance
 
Insurance Help

Did your insurance company cancel your car insurance without properly notifying you? Did your health insurance premium go threw the roof even though your broker said it would go down? Did your insurance company not honor a claim for reasons you don’t understand? Contact your state’s Insurance Commissioner. These state offices enforce the laws and regulations for all kinds of insurance, including car, homeowner, and health insurance, and they also handle relevant complaints from consumers. If you have a complaint about your insurance company’s policies, and the company won’t help you, contact the Insurance Commission in your state. To locate your state office you can go to the National Association of Insurance Commissioners website at http://www.naic.org/state_web_map.htm or go to http://govengine.com/ and click on your state.

 

The National Association of Insurance Commissioners also has a Consumer Information Service part of their website with information and guides about how to choose insurance that is right for you. You can search an insurance company for their financial information and their complaint numbers. They also offer Insure U at http://www.insureuonline.org/ which provides a wealth of information, consumer guides, and help in choosing an insurance company that is right for you.

Your state Insurance Commissioner offers a Consumer Services office which provides services to Ohio insurance consumers by answering questions, investigating complaints, and distributing educational material. They also often offer a Senior Health Insurance Information Program to help seniors with Medicare and Medigap questions. To locate your state office you can go to the National Association of Insurance Commissioners website at http://www.naic.org/state_web_map.htm or go to http://govengine.com/ and click on your state.

 
Chapter 5 Mutual Funds
 
Mutual Funds Guides

Over the past decade, American investors increasingly have turned to mutual funds to save for retirement and other financial goals. Mutual funds can offer the advantages of diversification and professional management. But, as with other investment choices, investing in mutual funds involves risk. And fees and taxes will diminish a fund's returns. It pays to understand both the upsides and the downsides of mutual fund investing and how to choose products that match your goals and tolerance for risk. Mutual funds are not guaranteed or insured by the FDIC or any other government agency — even if you buy through a bank and the fund carries the bank's name. You can lose money investing in mutual funds.

Most mutual funds fall into one of three main categories — money market funds, bond funds (also called "fixed income" funds), and stock funds (also called "equity" funds). Each type has different features and different risks and rewards. Generally, the higher the potential return, the higher the risk of loss. If you decide to invest in mutual funds, be sure to obtain as much information about the fund before you invest. And don't make assumptions about the soundness of the fund based solely on its past performance or its name.

 
 
If you encounter a problem with your mutual fund, you can send your complaint using the online complaint form at http://sec.gov/complaint.shtml For more information about investing wisely and avoiding fraud, please check out the Investor Information section of the website at http://sec.gov/investor.shtml
Publications on mutual funds can be located at
http://sec.gov/investor/pubs_subject.shtml#mutualfunds
Beginners' Guide to Mutual Funds
Breakpoints
Index Funds
Information Available to Investment Company Shareholders
Invest Wisely: An Introduction to Mutual Funds
Making the Most of Mutual Fund Breakpoints
Mutual Fund Classes
Mutual Fund Fees and Expenses
Mutual Fund Investing: Look at More Than a Fund's Past Performance
Mutual Fund Prospectus, Tips for Reading One
Mutual Fund Proxy Voting Records and Policies
Mutual Fund Cost Calculator
Ultra-Short Bond Funds: Know Where You're Parking Your Money
 

For more information contact
Securities and Exchange Commission,
Office of Investor Education and Advocacy,
100 F Street, N.E., Washington, D.C.
20549-0213; 800-SEC-0330;
http://sec.gov/investor/pubs/beginmutual.htm; or http://sec.gov/

 
Chapter 6 Investment Advisers
 
Investment Advisers
People or firms that get paid to give advice about investing in securities generally must register with either the SEC or the state securities agency where they have their principal place of business. Investment advisers who manage $25 million or more in client assets generally must register with the SEC. If they manage less than $25 million, they generally must register with the state securities agency in the state where they have their principal place of business.

Some investment advisers employ investment adviser representatives, the people who actually work with clients. In most cases, these people must be licensed or registered with your state securities regulator to do business with you. So be sure to check them out with your state securities regulator. 

To find out about investment advisers and whether they are properly registered, read their registration forms, called the "Form ADV." The Form ADV has two parts. Part 1 has information about the adviser's business and whether they've had problems with regulators or clients. Part 2 outlines the adviser's services, fees and investment strategies. Before you hire an investment adviser, always ask for and carefully read both parts of the ADV.

You can view an adviser's most recent Form ADV online by visiting the Investment Adviser Public Disclosure (IAPD) website at http://www.adviserinfo.sec.gov/IAPD/Content/IapdMain/iapd_SiteMap.aspx . You can also get copies of Form ADV for individual advisers and firms from the investment adviser, your state securities regulator, or the SEC, depending on the size of the adviser. You'll find contact information for your state securities regulator on the website of the North American Securities Administrators Association at http://www.nasaa.org/QuickLinks/ContactYourRegulator.cfm .

If the investment adviser is registered with the SEC, you can get a copy of Form ADV (Part 1 only) by accessing information on "How to Request Public Documents" at http://sec.gov/answers/publicdocs.htm In addition, at the SEC’s headquarters, you can visit the Public Reference Room from 10:00 a.m. to 3:00 p.m. to obtain copies of SEC records and documents. Because some investment advisers and their representatives are also brokers, you may want to check both the CRD and Form ADV.

Once you've checked out the registration and record of your financial professional or firm, there's more to do. For example, if you plan to do business with a brokerage firm, you should find out whether the brokerage firm and its clearing firm are members of the Securities Investor Protection Corporation (SIPC) at http://www.sipc.org/who/database.cfm SIPC provides limited customer protection if a brokerage firm becomes insolvent — although it does not insure against losses attributable to a decline in the market value of your securities. If you've placed your cash or securities in the hands of a non-SIPC member, you may not be eligible for SIPC coverage if the firm goes out of business.

Here are a few questions to get your started.
*What experience do you have, especially with people in my circumstances?
*Where did you go to school? What is your recent employment history?
*What licenses do you hold? Are you registered with the SEC, a state, or FINRA?
*Are the firm, the clearing firm, and any other related companies that will do business with me members of SIPC?
*What products and services do you offer?
*Can you only recommend a limited number of products or services to me? If so, why?
*How are you paid for your services? What is your usual hourly rate, flat fee, or commission?
*Have you ever been disciplined by any government regulator for unethical or improper conduct or been sued by a client who was not happy with the work you did?
*For registered investment advisers, will you send me a copy of both parts of your Form ADV?
For more questions and additional tips, be sure to read the publications,
Ask Questions
at http://sec.gov/investor/pubs/askquestions.htm and Get the Facts on Saving and Investing at http://sec.gov/investor/pubs/roadmap.htm .  In addition, although the SEC cannot recommend or endorse any particular entity, there are a number of non-profit educational and consumer organizations that offer free tools to help investors check financial professionals. 
For example, AARP offers a Financial Adviser Questionnaire at http://assets.aarp.org/www.aarp.org_/articles/bulletin/money/financialquestionnaire.pdf , and the Certified Financial Planner Board of Standards has a Checklist for Interviewing a Financial Planner at http://www.pueblo.gsa.gov/cic_text/money/financial-planner/10questions.html
Tips for Checking Out Brokers and Investment Advisers

Federal or state securities laws require brokers, investment advisers, and their firms to be licensed or registered, and to make important information public. But it's up to you to find that information and use it to protect your investment dollars. The good news is that this information is easy to get, and one phone call or web search may save you from sending your money to a con artist, a bad financial professional, or disreputable firm. 

Before you invest or pay for any investment advice, make sure your brokers, investment advisers and investment adviser representatives have not had run-ins with regulators or other investors. You also should check to see whether they are registered or licensed. This is very important, because if you do business with an unregistered securities broker or a firm that later goes out of business, there may be no way for you to recover your money — even if an arbitrator or court rules in your favor.

Brokers and Brokerage Firms: The Central Registration Depository (or CRD) is a computerized database that contains information about most brokers, their representatives, and the firms they work for. For instance, you can find out if brokers are properly licensed in your state and if they have had run-ins with regulators or received serious complaints from investors. You'll also find information about the brokers' educational backgrounds and where they've worked before their current jobs.

You can ask either your state securities regulator or the Financial Industry Regulatory Authority (FINRA) to provide you with information from the CRD. Your state securities regulator may provide more information from the CRD than FINRA, especially when it comes to investor complaints, so you may want to check with them first. You'll find contact information for your state securities regulator on the website of the North American Securities Administrators Association at http://www.nasaa.org/QuickLinks/ContactYourRegulator.cfm . To contact FINRA, either visit FINRA's BrokerCheck website at http://www.finra.org/Investors/ToolsCalculators/BrokerCheck/index.htm or call FINRA's toll-free BrokerCheck hotline at (800) 289-9999. 

 
FINRA’s BrokerCheck Program provides the following information on brokerage firms: the firm’s address, legal status, types of businesses, and direct and indirect owners and officers; felony charges and convictions, and investment-related misdemeanor charges and convictions, for the past 10 years; disciplinary actions and proceedings initiated by regulators; investment-related civil court actions and proceedings for the past 10 years; bankruptcy proceedings; unsatisfied judgments or liens; summary information on arbitration awards; and (for former FINRA firms-registered firms) the date that the firm ceased doing business, and, as appropriate, certain information regarding funds owed to customers or other firms.

The SEC’s IAPD Program at http://www.adviserinfo.sec.gov/IAPD/Content/IapdMain/iapd_SiteMap.aspx provides information about both SEC- and state-registered investment adviser firms. The SEC typically regulates investment advisers that have in excess of $25 million in assets under management. Investment advisers that do not meet this threshold generally are regulated by the states. Through the IAPD, you can (1) search for an investment adviser firm, (2) check the adviser’s registration status, (3) view the adviser’s current disclosures made through its Form ADV filing, (4) link to a state regulator’s website, and (5) link to the FINRA BrokerCheck website for information about broker-dealers and stockbrokers.

Investment adviser firms that have not registered with the SEC electronically will not appear on the IAPD page. If you do not see a firm listed through IAPD and you want to check the firm’s registration status, you should contact the SEC at (202) 551-6825 or contact the appropriate state securities authority through http://www.nasaa.org.

Information on individual investment advisers is currently available through state securities regulators.

Complaints

If you have a complaint about a broker or brokerage firm and it is not been adequately resolved, contact the Securities and Exchange Commission. At the SEC, they will research your complaint, contact the firm or person you have complained about and ask them to respond to your specific complaint or question. Sometimes their intervention yields a satisfactory result. If these steps don't work, you may need to take legal action on your own. They can send you information on mediation and arbitration, and suggest how to locate a lawyer if you need one.
For more information contact
Securities and Exchange Commission,
Office of Investor Education and Advocacy,
100 F St., NE, Washington, DC 20549;
http://sec.gov/complaint/selectconduct.shtml

 
Chapter 7 Credit Card Debt
 
Free Credit Repair

The Federal Trade Commission has many publications to get you on the road to good credit and can also tell you your rights in dealing with collection agencies. Contact Public Reference, Room 130, Federal Trade Commission, Washington, DC 20580; 877-FTC-HELP; www.ftc.gov; You can also get free counseling at your local County Cooperative Extension Service listed in the government section of your phone book under County Government. Or
contact one of the non-profits that can help with your debt:
National Foundation for Credit Counseling,
801 Roeder Rd., Suite 900,
Silver Spring, MD 20910; 800-388-2227;
www.nfcc.org;

or Credit Counseling Center of America,
P.O. Box 830489, Richardson,
TX 75083; 800-493-2222;
www.cccamerica.org.

Remember that these non-profits get money from credit card companies so they are not likely to explain your bankruptcy options to you.

Get A Free Credit Report

The three nationwide consumer reporting companies are using one website, one toll-free telephone number, and one mailing address for consumers to order their free annual report. To order, click on https://www.annualcreditreport.com/cra/index.jsp, call 1-877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can print the form from http://ftc.gov/freereports Do not contact the three nationwide consumer reporting companies individually. You may order your free annual reports from each of the consumer reporting companies at the same time, or you can order them one at a time. The law allows you to order one free copy from each of the nationwide consumer reporting companies every 12 months. 
For more information contact
Federal Trade Commission,
Consumer Response Center,
600 Pennsylvania Avenue,
NW, Washington, DC 20580; 877-FTC-HELP;
http://www.ftc.gov

Improving Your Credit Report

Under the Fair Credit Reporting Act, both the consumer reporting company and the information provider (the person, company, or organization that provides information about you to a consumer reporting company) are responsible for correcting inaccurate or incomplete information in your report. To take advantage of all your rights under the FCRA, contact the consumer reporting company and the information provider if you see inaccurate or incomplete information.

Tell the consumer reporting company, in writing, what information you think is inaccurate. Include copies (NOT originals) of documents that support your position. In addition to providing your complete name and address, your letter should clearly identify each item in your report that you dispute, state the facts and explain why you dispute the information, and request that the information be deleted or corrected. You may want to enclose a copy of your report with the items in question circled. Send your letter by certified mail, return receipt requested, so you can document what the consumer reporting company received. Keep copies of your dispute letter and enclosures.

Consumer reporting companies must investigate the items in question — usually within 30 days — unless they consider your dispute frivolous. They also must forward all the relevant data you provide about the inaccuracy to the organization that provided the information. After the information provider receives notice of a dispute from the consumer reporting company, it must investigate, review the relevant information, and report the results back to the consumer reporting company. If the information provider finds the disputed information is inaccurate, it must notify all three nationwide consumer reporting companies so they can correct the information in your file.

When the investigation is complete, the consumer reporting company must give you the written results and a free copy of your report if the dispute results in a change. (This free report does not count as your annual free report under the FACT Act.) If an item is changed or deleted, the consumer reporting company cannot put the disputed information back in your file unless the information provider verifies that the information is, indeed, accurate and complete. The consumer reporting company also must send you written notice that includes the name, address, and phone number of the information provider.

If you request, the consumer reporting company must send notices of any correction to anyone who received your report in the past six months. A corrected copy of your report can be sent to anyone who received a copy during the past two years for employment purposes.

If an investigation doesn't resolve your dispute with the consumer reporting company, you can ask that a statement of the dispute be included in your file and in future reports. You also can ask the consumer reporting company to provide your statement to anyone who received a copy of your report in the recent past. Expect to pay a fee for this service. 
For more information contact
Federal Trade Commission,
Consumer Response Center,
600 Pennsylvania Avenue, NW,
Washington, DC 20580; 877-FTC-HELP;
http://www.ftc.gov

What To Do If You Are Having Credit Difficulties

The first step toward taking control of your financial situation is to do a realistic assessment of how much money you take in and how much money you spend. Start by listing your income from all sources. Then, list your "fixed" expenses — those that are the same each month — like mortgage payments or rent, car payments, and insurance premiums. Next, list the expenses that vary — like entertainment, recreation, and clothing. Writing down all your expenses, even those that seem insignificant, is a helpful way to track your spending patterns, identify necessary expenses, and prioritize the rest. The goal is to make sure you can make ends meet on the basics: housing, food, health care, insurance, and education.

Contact your creditors immediately if you're having trouble making ends meet. Tell them why it's difficult for you, and try to work out a modified payment plan that reduces your payments to a more manageable level. Don't wait until your accounts have been turned over to a debt collector. At that point, your creditors have given up on you.

The Fair Debt Collection Practices Act is the federal law that dictates how and when a debt collector may contact you. A debt collector may not call you before 8 a.m., after 9 p.m., or while you're at work if the collector knows that your employer doesn't approve of the calls. Collectors may not harass you, lie, or use unfair practices when they try to collect a debt. And they must honor a written request from you to stop further contact. 
For more information contact
Federal Trade Commission,
Consumer Response Center,
600 Pennsylvania Avenue, NW,
Washington, DC 20580;
877-FTC-HELP;
http://www.ftc.gov

What If I Need Credit Counseling?

If you're not disciplined enough to create a workable budget and stick to it, can't work out a repayment plan with your creditors, or can't keep track of mounting bills, consider contacting a credit counseling organization. Many credit counseling organizations are nonprofits and work with you to solve your financial problems. But be aware that just because an organization says it's "nonprofit," there's no guarantee that its services are free, affordable, or even legitimate. In fact, some credit counseling organizations charge high fees, which may be hidden, or pressure consumers to make large "voluntary" contributions that can cause more debt.

Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, find an organization that offers in-person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops. Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Counselors discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer of follow-up sessions.  Some credit counseling agencies include those offered through the U.S. Department of Housing and Urban Development at 800-569-4287;  http://www.hud.gov/offices/hsg/sfh/hcc/hcc_home.cfm 
For more information contact
Federal Trade Commission,
Consumer Response Center,
600 Pennsylvania Avenue, NW,
Washington, DC 20580;
877-FTC-HELP;
http://www.ftc.gov

What Is Fair In Debt Collection World?

If you fall behind in repaying your creditors, you may be contacted by a debt collector.  These collectors must follow strict rules and guidelines. Any debts, such as personal family, household, automobile, medical care, and charge accounts are covered under the Fair Debt Collection Practices Act. A collector may contact you by phone, in person, by telegram, or fax.  But they may not do so before 8 a.m. or after 9 p.m. without your permission.  The collector is also not allowed to contact you at your place of work if your employer disapproves.  You can stop the debt collector from contacting you by sending a note to the debt collector asking them to stop.  The collector can then only notify you that they are stopping or what specific action will be taken on your account (such as suing you).  The collector can contact others about you to find out where you live, but they may not tell people you owe them money.  Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.  Collectors are prohibited from harassment, such as threats of violence or use of foul language.  They may not imply that they are attorneys or government representatives.  Also they cannot tell you that you will be arrested if you do not pay your debt, and send you an official looking document from a court or government agency when it is not.  You can actually sue a collector if they have violated the law and when up to $1,000 plus damages and attorney fees.  Report any problems to your state Attorney General’s Office and the Federal Trade Commission.  To learn more contact the Federal Trade Commission at 877-FTC-HELP and you can file a complaint on the FTC website at https://www.ftccomplaintassistant.gov/  You can also see publications on Debt at http://www.ftc.gov/bcp/menus/consumer/credit/debt.shtm

How Not To Get Your Car Repossessed

When you finance a car, whoever loans you the money holds the title until the last payment has been made.  If you are late on a car payment, the creditor can repossess your car without warning or any court action.  They can even sell your contract to someone else and they can take your car.  But some states have rules that limit the ways a creditor can repossess and sell a vehicle to reduce or eliminate your debt.  If any of the rules are violated, the creditor may be required to pay you damages. 

Once you default on your loan your creditor has legal authority to seize your vehicle.  Read your contract carefully to find out what constitutes default.  If your creditor agrees to change your payment date or other contractual obligations, get it in writing.  Your original contract might possibly no longer apply.  Creditors are allowed on your property to repossess your car, but they may not commit a breach of peace.  Sometimes going into a closed garage is considered a breach of peace. 

If your car is repossessed, it can be sold, but in some states you must be notified of the sale.  You may be able to buy back your car by paying the amount owed plus any expenses.  Some states say that creditors may not sell person property found inside the car.  If you car is not sold for an amount that completely covers your obligations, you can be sued for the remaining money owed. 

Make sure to talk to your creditor if you are going to be late on a payment.  They may be willing to work with you.  If you know you cannot afford the payments, you may reduce your creditor’s expenses if you voluntarily agree to repossession.  To learn more go to the Federal Trade Commission’s website at http://ftc.gov/bcp/menus/consumer/autos.shtm  To file a complaint against a creditor go to https://www.ftccomplaintassistant.gov/ 
For more information contact
Federal Trade Commission,
Consumer Response Center,
600 Pennsylvania Avenue, NW,
Washington, DC 20580;
877-FTC-HELP;
http://www.ftc.gov

 
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Here are some tips from the Federal Trade Commission
 
Choosing a Credit Counselor

Living paycheck to paycheck? Worried about debt collectors? Can’t seem to develop a workable budget, let alone save money for retirement? If this sounds familiar, you may want to consider the services of a credit counselor. Many credit counseling organizations are nonprofit and work with you to solve your financial problems. But beware — just because an organization says it is “nonprofit” doesn’t guarantee that its services are free or affordable, or that its services are legitimate. In fact, some credit counseling organizations charge high fees, some of which may be hidden, or urge consumers to make “voluntary” contributions that cause them to fall deeper into debt.

Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, find an organization that offers in-person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

Choosing a Credit Counseling Organization

Reputable credit counseling organizations advise you on managing your money and debts, help you develop a budget, and usually offer free educational materials and workshops. Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Counselors discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer of follow-up sessions.

A reputable credit counseling agency should send you free information about itself and the services it provides without requiring you to provide any details about your situation. If a firm doesn’t do that, consider it a red flag and go elsewhere for help.

Once you’ve developed a list of potential counseling agencies, check them out with your state Attorney General, local consumer protection agency, and Better Business Bureau. They can tell you if consumers have filed complaints about them. (But even if there are no complaints about them, it’s not a guarantee that they’re legitimate.) The United States Trustee Program also keeps a list of credit counseling agencies that have been approved to provide pre-bankruptcy counseling. After you’ve done your background investigation, it’s time for the most important research — you should interview the final “candidates.”

Questions to Ask
Here are some questions to ask to help you find the best counselor for you.
What services do you offer?
Look for an organization that offers a range of services, including budget counseling, and savings and debt management classes. Avoid organizations that push a debt management plan (DMP) as your only option before they spend a significant amount of time analyzing your financial situation.

Do you offer information?
Are educational materials available for free? Avoid organizations that charge for information.

In addition to helping me solve my immediate problem, will you help me develop a plan for avoiding problems in the future? What are your fees? Are there set-up and/or monthly fees?
Get a specific price quote in writing.

What if I can’t afford to pay your fees or make contributions?
If an organization won’t help you because you can’t afford to pay, look elsewhere for help.

Will I have a formal written agreement or contract with you?
Don’t sign anything without reading it first. Make sure all verbal promises are in writing.

Are you licensed to offer your services in my state? What are the qualifications of your counselors?
Are they accredited or certified by an outside organization? If so, by whom? If not, how are they trained? Try to use an organization whose counselors are trained by a non-affiliated party.

What assurance do I have that information about me (including my address, phone number, and financial information) will be kept confidential and secure? How are your employees compensated?
Are they paid more if I sign up for certain services, if I pay a fee, or if I make a contribution to your organization? If the answer is yes, consider it a red flag and go elsewhere for help.
Debt Management Plans

If your financial problems stem from too much debt or your inability to repay your debts, a credit counseling agency may recommend that you enroll in a debt management plan. A DMP alone is not credit counseling, and DMPs are not for everyone. Consider signing on for one of these plans only after a certified credit counselor has spent time thoroughly reviewing your financial situation, and has offered you customized advice on managing your money. Even if a DMP is appropriate for you, a reputable credit counseling organization still will help you create a budget and teach you money management skills.

How a DMP Works

You deposit money each month with the credit counseling organization. The organization uses your deposits to pay your unsecured debts, like credit card bills, student loans, and medical bills, according to a payment schedule the counselor develops with you and your creditors. Your creditors may agree to lower your interest rates and waive certain fees, but check with all your creditors to be sure that they offer the concessions that a credit counseling organization describes to you. A successful DMP requires you to make regular, timely payments, and could take 48 months or longer to complete. Ask the credit counselor to estimate how long it will take for you to complete the plan. You also may have to agree not to apply for — or use — any additional credit while you’re participating in the plan.

Is a DMP Right For You?

In addition to the questions already listed, here are some other important ones to ask if you’re considering enrolling in a DMP.

Is a DMP the only option you can give me? Will you provide me with on-going budgeting advice, regardless of whether I enroll in a DMP?

If an organization offers only DMPs, find another credit counseling organization that also will help you create a budget and teach you money management skills.

How does your DMP work? How will you make sure that all my creditors will be paid by the applicable due dates and in the correct billing cycle?

If a DMP is appropriate, sign up for one that allows all your creditors to be paid before your payment due dates and within the correct billing cycle.

How is the amount of my payment determined? What if the amount is more than I can afford?
Don’t sign up for a DMP if you can’t afford the monthly payment.
How often can I get status reports on my accounts? Can I get access to my accounts online or by phone?

Make sure that the organization you sign up with is willing to provide regular, detailed statements about your account.

Can you get my creditors to lower or eliminate interest and finance charges, or waive late fees?

If yes, contact your creditors to verify this, and ask them how long you have to be on the plan before the benefits kick in.

What debts aren’t included in the DMP?

This is important because you’ll have to pay those bills on your own.

Do I have to make any payments to my creditors before they will accept the proposed payment plan?

Some creditors require a payment to the credit counselor before accepting you into a DMP. If a credit counselor tells you this is so, call your creditors to verify this information before you send money to the credit counseling agency.

How will enrolling in a DMP affect my credit?

Beware of any organization that tells you it can remove accurate negative information from your credit report. Legally, it can’t be done. Accurate negative information may stay on your credit report for up to seven years.

Can you get my creditors to “re-age” my accounts — that is, to make my accounts current? If so, how many payments will I have to make before my creditors will do so?

Even if your accounts are “re-aged,” negative information from past delinquencies or late payments will remain on your credit report.

 
How to Make a DMP Work for You
The following steps will help you benefit from a DMP, and avoid falling further into debt.
Continue to pay your bills until the plan has been approved by your creditors. If you stop making payments before your creditors have accepted you into a plan, you’ll face late fees, penalties, and negative entries on your credit report.
* Contact your creditors and confirm that they have accepted the proposed plan before you send any payments to the credit counseling organization for your DMP.
* Make sure the organization’s payment schedule allows your debts to be paid before they are due each month. Paying on time will help you avoid late fees and penalties. Call each of your creditors on the first of every month to make sure the agency has paid them on time.
* Review monthly statements from your creditors to make sure they have received your payments.
* If your debt management plan depends on your creditors agreeing to lower or eliminate interest and finance charges, or waive late fees, make sure these concessions are reflected on your statements.
Debt Negotiation Programs
Debt negotiation is not the same thing as credit counseling or a DMP. It can be very risky and have a long term negative impact on your credit report and, in turn, your ability to get credit. That’s why many states have laws regulating debt negotiation companies and the services they offer.
The Claims

Debt negotiation firms may claim they’re nonprofit. They also may claim that they can arrange for your unsecured debt — typically, credit card debt — to be paid off for anywhere from 10 to 50 percent of the balance owed. For example, if you owe $10,000 on a credit card, a debt negotiation firm may claim it can arrange for you to pay off the debt with a lesser amount, say $4,000.

The firms often pitch their services as an alternative to bankruptcy. They may claim that using their services will have little or no negative impact on your ability to get credit in the future, or that any negative information can be removed from your credit report when you complete the debt negotiation program. The firms usually tell you to stop making payments to your creditors and instead, send your payments to the debt negotiation company. The firms may promise to hold your funds in a special account and pay the creditors on your behalf.
The Truth

Just because a debt negotiation company describes itself as a “nonprofit” organization, there’s no guarantee that the services they offer are legitimate. There also is no guarantee that a creditor will accept partial payment of a legitimate debt. In fact, if you stop making payments on a credit card, late fees and interest usually are added to the debt each month. If you exceed your credit limit, additional fees and charges also can be added. All this can quickly cause a consumer’s original debt to double or triple. What’s more, most debt negotiation companies charge consumers substantial fees for their services, including a fee to establish the account with the debt negotiator, a monthly service fee, and a final fee of a percentage of the money you’ve supposedly saved.

While creditors have no obligation to agree to negotiate the amount a consumer owes, they have a legal obligation to provide accurate information to the credit reporting agencies, including your failure to make monthly payments. That can result in a negative entry on your credit report. And in certain situations, creditors may have the right to sue you to recover the money you owe. In some instances, when creditors win a lawsuit, they have the right to garnish your wages or put a lien on your home. Finally, the Internal Revenue Service may consider any amount of forgiven debt to be taxable income.

Tip-offs to Rip-offs
Steer clear of debt negotiation companies that:
- guarantee they can remove your unsecured debt
- promise that unsecured debts can be paid off with pennies on the dollar
- require substantial monthly service fees
- demand payment of a percentage of savings
 - tell you to stop making payments to or communicating with your creditor require you to make monthly payments to them, rather than with your creditor
- claim that creditors never sue consumers for non-payment of unsecured debt
- promise that using their system will have no negative impact on your credit report
- claim that they can remove accurate negative information from your credit report.
 
If you decide to work with a debt negotiation company, be sure to check it out with your state Attorney General, local consumer protection agency, and the Better Business Bureau. They can tell you if any consumer complaints are on file about the firm you’re considering doing business with. Also, ask your state Attorney General if the company is required to be licensed to work in your state and, if so, whether it is.
 
Chapter 8 Lawyers
 
To Find Free Legal Services

There are two places to contact when you need a lawyer, but can’t afford one. The Legal Services Corporation provides free legal services to those that meet certain income requirements. They have offices throughout the country.
For more information contact
Legal Services,
Corporation, 333 K St., NW,
3rd Floor, Washington, DC 20009; 202-295-1500;
http://www.lsc.gov/
Many lawyers work pro bono depending upon your situation. Contact your state bar association to see if someone there can direct you to help. The American Bar Association website can help you locate a lawyer, learn your rights, learn what you can do if you are having trouble with your lawyer, and more.
Contact
the American Bar Association,
321 N. Clark St.,
Chicago, IL 60610; 312-988-5000;
http://www.abanet.org/legalservices/findlegalhelp/home.cfm

Child Support Legal Help

No matter what your income, you can get the most powerful organization in the world, your government, to fight for you to establish paternity, set up a court order for child support, track down a missing parent and more. To learn what you need to do
contact your state Child Support Enforcement Office or contact
Office of Child Support Enforcement, U.S.
Department of Health and Human Services,
370 L’Enfante Promenade, SW,
Washington, DC 20447; 202-401-9383;
http://www.acf.hhs.gov/programs/cse/extinf.html
http://www.acf.hhs.gov/programs/cse/

More Free Help Collecting Child Support

An association of concerned parents helps others learn about their rights and the remedies available for collecting what is due to them. Some services are free. They can show you that you don’t need to use a professional collection agency, and they will even contact officials on your behalf.
Contact
Association for Children for Enforcement of Support (ACES),
3474 Raymont Blvd.,
2nd Floor, University Heights,
OH 44118; 678-318-1481;
http://childsupport-aces.org/index.php

Free Help with Housing Discrimination

Buying your first home is a very exciting time. But for many, house shopping is more than an eye opening experience. Some people are not shown houses in particular neighborhoods or are denied a home because of their sex, race, or living arrangement. If you feel you have been treated unfairly, contact Office of Fair Housing and Equal Opportunity, U.S. Department of Housing and Urban Development, 451 7th St., SW, Room 5100, Washington, DC 20410; 800-669-9777; http://www.hud.gov/offices/fheo/index.cfm

Help For Veterans

The National Veterans Legal Services Program (NVLSP)has been fighting for the rights of veterans for over 25 years. The do so by providing advocacy and training, publications, and pro bono litigation for an appeal to the U.S. Court of Appeals for Veterans Claims.
To view the publications or to learn more contact National
Veterans Legal Services Program,
P.O. Box 65762, Washington, DC
20035; 202-265-8305;
http://nvlsp.org/

Free Legal Assistance for Domestic Violence Problems

Seven days a week, 24 hours a day, you can call the hotline and not only get access to sources that will solve your immediate problem, but also get information and sources in your area that can explain your legal options and get you through the legal process.
Contact
National Domestic Violence Hotline,
P.O. Box 161810, Austin,
TX 78716; 800-799-SAFE;
http://ndvh.org/index.php

If Your Lawyer Treats You Wrong

Do you feel your lawyer is over-charging you and is mistreating you in some way? These issues and more are handled by an agency or board that licenses this profession. Each state has an agency that investigates complaints against lawyers and law firms. These offices will investigate complaints about lawyers practicing in their state, and if necessary, take disciplinary actions on your behalf, that can include reprimands, dismissals, suspensions, and even disbarments. Many of these offices will help arbitrate disputes about fees between you and your lawyer, and some also have set up funds to reimburse clients who have had money stolen by their lawyer.
To learn who to contact in your state go to
American Bar Association,
321 N. Clark St., Chicago,
IL 60610; 312-988-5000;
http://www.abanet.org/cpr/regulation/scpd/disciplinary.html

 
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Chapter 9 Your House
 
Free Money & Help To Avoid Foreclosure
Including: Help With Payments, Protection for Military Members, Free Legal Help, and Free Credit Counseling

Getting behind on your mortgage payment is a frightening situation.  You could lose your home!  In fact, the foreclosure rate has gone up 93% since July 2006 according to RealtyTrac, an online marketplace for foreclosed properties.  This works out to one in every 693 households being in foreclosure.  In our research on this topic, we heard this advice time and again-

DON’T DELAY.  ACT NOW.

The sooner you contact someone for help, the more likely it is that you will be able to keep your home.  When we looked into the reason for the increase in foreclosure rates, we learned the most common issue facing home owners is the adjustable rate mortgage or balloon payments.  Many home buyers thought their salaries would increase enough that they could cover the future increase in rates only to find their raises did not match the increase, or they faced downsizing or unemployment. 

Studies show that over 50% of those people delinquent on their mortgage payments do not contact their lender.  Instead of acting on good financial advice, people often hope the problem will just resolve itself. Getting help early could save your home.

The First Steps:

1.  Contact the Home Ownership Preservation Foundation at 888-995-HOPE; www.995HOPE.org, which is part of neighborhood Works Center for Foreclosure Solutions.  This is a non-profit organization that has trained foreclosure prevention counselors on staff who will help homeowners with budgeting help, a written financial plan, assistance in contacting the lender, and referrals to other resources.  This hotline is available 24/7 and counselors answer the phone.  The Neighborhood Works program also has over 200 sites across the country where you can learn about pre-purchase counseling, home repair programs, and more.  You can check them out at http://www.nw.org/network/home.asp

2.  HUD sponsors housing counseling agencies throughout the country that can provide advice on buying a home, renting, defaults, foreclosures, credit issues, and reverse mortgages. This webpage allows you to select a list of agencies for each state http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm or you can call online at 800-569-4287.

3.  For those in Disaster Areas:  If you live or work in an area declared a disaster by the President and the hurricane, tornado, flood, wildfire, or other natural or man-made event damaged your home or reduced your income, your lender will provide disaster relief for 90 days on an FHA-insured loan and in most cases for other loans.

4.  The Federal Housing Administration will help an estimated 240,000 families avoid foreclosure by enhancing its refinancing program.  FHASecure will allow families with strong credit histories who had been making timely mortgage payments before their loans reset-but are now in default- to qualify for refinancing.  This program is effective immediately.  Many families were doing fine until their loans doubled, but now they will be able to refinance easily.  FHASecure is designed for families who are good credit risks but were steered into high-cost loans with teaser rates. 
To be eligible homeowners must:

  • have a history of on-time mortgage payments before the borrower's teaser rates expired and loans reset;
  • interest rates must have or will reset between June 2005 and December 2008;
  • have three percent cash or equity in the home;
  • a sustained history of employment; and 
  • sufficient income to make the mortgage payment.

For more information call the Federal Home Administration at 800-CALL-FHA or www.fha.gov

5.  For Active Duty Military:  If you or your spouse is on active military duty, you may qualify for a reduction in your interest rate resulting in lower payments through the Servicemembers Civil Relief Act of 2003 (formerly the Soldiers' and Sailors' Civil Relief Act of 1940) .  The Act applies to active duty military personnel who had a mortgage obligation before enlistment or before being ordered to active duty. This includes:

  • Members of the Army, Navy, Marine Corps, Air Force, Coast Guard
  • Commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration engaged in active service
  • Reservists ordered to report for military service
  • People ordered to report for induction (training) under the Military Selective Service Act
  • Guardsmen called to active service for more than 30 consecutive days.

In limited situations, dependents of service members are also entitled to protections.  See You Can Avoid Foreclosure and Keep Your Home from the Federal Housing Administration (included towards the end of this newsletter).

6.  Contact your State Housing Finance Agency.  The programs they offer vary state to state, but many are helping families refinance to make their mortgage payments more affordable.  They also may be able to refer you to local programs that offer assistance.  When I called the state of Ohio they referred me to several of the offices listed above, plus a local agency that offered the Ohio Rescue Fund which is a forgivable $3,000 loan for those whose income is 65% of the area’s median income (roughly $42,000 for a family of 4).  They also had a program from the Franklin County Department of Job and Family Services called Prevention, Retention, and Contingency which offers $1,500 grant to families whose income is 165% of poverty for emergency situations.

State Housing Finance Agencies
 
Alabama
Alabama Housing Finance Authority
2000 Interstate Park Dr., Suite 408
Montgomery, AL 36109
Mailing address:
P.O. Box 230909
Montgomery, AL 36123
334-244-9200
800-325-2432
www.ahfa.com
Alaska
Alaska Housing Finance Corporation
4300 Boniface Parkway
Anchorage, AK 99504
Mailing Address
P.O. Box 101020
Anchorage, AK 99510
907-338-6100
800-478-2432
www.ahfc.state.ak.us
 
Arizona
Arizona Department of Commerce
Office of Housing Development
3800 North Central
Suite 1500
Phoenix, AZ 85012
602-280-1365
www.housingaz.com
 
Arkansas
Arkansas Development Finance Authority
423 Main St., Suite 500
Little Rock, AR 72201
501-682-5900
www.state.ar.us/adfa
California
California Housing Finance Agency
1121 L St.
Sacramento, CA 95814
916-322-3991
www.calhfa.ca.gov
 
Colorado
Colorado Housing Finance Agency
1981 Blake St.
Denver, CO  80202
303-297-2432
800-877-CHFA
www.chfainfo.com
 
 
Connecticut
Connecticut Housing Finance Authority
999 West St.
Rocky Hill, CT 06067
860-721-9501
www.chfa.org
 
Delaware
Delaware State Housing Authority
18 The Green
Dover, DE 19901
302-739-4263
http://www.destatehousing.com/
 
 
District of Columbia
DC Department of Housing and Community Development
801 North Capitol St., NE
Suite 8000
Washington, DC 20002
202-442-7200
http://dhcd.dc.gov
 
 
Florida
Florida Housing Finance Corporation
227 North Bronough St., Suite 5000
Tallahassee, FL 32301
850-488-4197
www.floridahousing.org
 
 
Georgia
Georgia Department of Community Affairs
60 Executive Parkway South NE
Atlanta, GA 30329
404-679-4940
www.dca.state.ga.us
 
 
Hawaii
Housing and Community Development Corporation of Hawaii
677 Queen St., Suite 300
Honolulu, HI 96813
800-587-0597
www.hcdch.state.hi.us
 
 
Idaho
Idaho Housing and Finance Association
565 West Myrtle
P.O. Box 7899
Boise, ID 83707
208-331-4882
www.ihfa.org
 
 
Illinois
Illinois Housing Development Authority
401 North Michigan Ave., Suite 900
Chicago, IL 60611
312-836-5200
www.ihda.org
 
 
Indiana
Indiana Housing Finance Authority
115 West Washington St.
Suite 1350, South Tower
Indianapolis, IN 46204
317-232-7777
800-872-0371
http://ihcda.in.gov/
 
 
Iowa
Iowa Finance Authority
100 East Grand, Suite 250
Des Moines, IA 50309
515-242-4990
800-432-7230
www.ifahome.com
 
 
Kansas

Kansas Housing Resources Corporation
1000 SW Jackson St., Suite 100
Topeka, KS 66612
785-296-5865
www.kshousingcorp.org

 
 
Kentucky
Kentucky Housing Corporation
1231 Louisville Rd.
Frankfort, KY 40601
502-564-7630
800-633-8896 www.kyhousing.org

 
 
Louisiana
Louisiana Housing Finance Agency
2415 Quail Dr.
Baton Rouge, LA 70808
225-763-8700
www.lhfa.state.la.us
 
Maine
Maine State Housing Authority
353 Water St.
Augusta, ME 04330
270-626-4600
800-452-4668
www.mainehousing.org
 
 
Maryland
Maryland Department of Housing and Community Development
100 Community Place
Crownsville, MD 21032
410-514-7000
800-756-0119
www.dhcd.state.md.us
 
 

Massachusetts
MassHousing
One Beacon St.
Boston, MA 02108
617-854-1000
https://www.masshousing.com/portal/server.pt

Massachusetts Department of Housing and Community Development
One Congress St., 10th Floor
Boston, MA 02114
617-727-7765
http://www.mass.gov/dhcd/

 
 

Michigan
Michigan State Housing Development Authority
735 E. Michigan Ave.
P.O. Box 30044
Lansing, MI 48912
517-373-8370
http://www.michigan.gov/mshda

 
 

Minnesota
Minnesota Housing Finance Agency
400 Sibley St., Suite 300
St. Paul, MN 55101
651-296-7608
800-657-3769
www.mhfa.state.mn.us

 
 

Mississippi
Mississippi Home Corporation
840 River Place, Suite 605
P.O. Box 23369
Jackson, MS 39225
601-718-4642
www.mshc.com