Home     Log in    XML, RSS Subscribe Feed (RSS)     XML, RSS Comments Feed

Posts Tagged ‘bankruptcy’

Skip The Gift Cards This Holiday Season!

November 21st, 2008 by Matthew C. Keegan | 2 Comments | Filed in Consumer Tips

Its Christmas morning and you’re opening up one of your smaller gift boxes and quickly come upon a gift card which can be used only at a favorite retail establishment. You like the idea of getting a gift card because it allows you to buy what you want and when you want it.

Months goes by and you forget about the card, happening upon it again in June just a few weeks before you take your annual summer vacation. With glee, you begin to gift boxthink of ways that the money will come in useful, perhaps enough funds to purchase new bathing suits for you and the kids or a hammock and bird feeder for the backyard.

Before you run out and use the gift card you’ll want to make sure of one thing: is the retailer still in business? Unfortunately, a rash of bankruptcies even for popular retailers has meant that some consumers have been left holding the bag (or a worthless gift card) which could end up being the worst gift that you received this Christmas.

According to consumer advocate Clark Howard, when a retailer of restaurant goes into bankruptcy, it is up to the bankruptcy judge to determine what rights you have as a gift card holder. Unfortunately, judges usually wipe out those rights, leaving you with just a small piece of plastic as remembrance of a gift given. Howard hates gift cards and recommends that people give a time-honored gift instead: cash.

If you do receive a gift card this holiday season you can avoid losing the value of that gift by purchasing something immediately. The weeks following Christmas usually have the best sales of the year, stretching the value of the gift card further. However, with so many retailers on shaky ground, you might want to hit the store the day after Christmas because the New Year may not be so promising for that retailer.

Howard says that consumer groups are trying to have the Federal Trade Commission (FTC) issue guidelines on gift cards that would require retailers to escrow gift card money. This move would protect consumers in the event of a business bankruptcy and give gift card givers and receivers some peace of mind.


Tags: , , , , , ,

Should You Short Sell Your Home?

March 5th, 2008 by Matthew C. Keegan | 4 Comments | Filed in Home Selling

Foreclosure

If you are facing an irreversible financial problem, then to “short sell” your home is one method for possibly finding relief from an important debt obligation. With a short sell, you have found a buyer who is willing to purchase your home at a cost that is less than your mortgage’s outstanding balance. Yes, your lender loses money on the deal and so do you; but a short sell is an option that your lender may accept provided that you have done your research.

Why A Short Sell?

Why would any lender accept a loss on the sale of your home? For a few reasons: if you can convince the mortgage holder that you are hopelessly behind on payments and that you have no possible way to make additional payments, then you are a strong candidate for a short sell. The foreclosure process is costly, something that your lender will have to handle. With a short sell, your lender can reduce their lawyer fees, avoid dealing with your pending bankruptcy and the usual delays that take place with foreclosing (including eviction costs), and not have to be responsible for managing and disposing your property which can add thousands of dollars to their costs.

Your Buyer’s Offer Might Be Considered

A mortgage lender may consider a short sell if the price the new owner is offering to pay for your home is close to its current value. If their offered price is significantly lower, then you will be tasked with convincing your lender that it in their best interests to go with what is a certain sale now versus having to later manage a hard to dispose of and costly piece of property later.

To gain the upper hand in this battle, you may need to document that your home requires extensive repairs, that the housing and/or job market is unfavorable, or you may need to outline some other plan to persuade your lender to accept a short sell.

Avoid Bankruptcy & Fix Your Credit

For consumers, a short sell is better than a foreclosure because the second option means that your credit standing has been wrecked. By choosing a short sell, you can mend a still-damaged credit rating faster and return to the housing market quicker once you demonstrate that your financial situation has improved.

Further Reading

Home Selling Services

How To Short Sell Real Estate

Making the case for short selling

5-Step Home Selling Plan


Tags: , , , , , , , ,