Authors: Gudrun M. Nickel
ISBN-13: 9781572485730, ISBN-10: 1572485736
Format: Paperback
Publisher: Sourcebooks, Incorporated
Date Published: December 2006
Edition: (Non-applicable)
Gudrun Nickel received her bachelors degree from the University of Kansas, her masters degree from the University of Wisonsin-Milwaukee, and her law degree from Washburn University of law in Topeka. Licensed to practice law in Florida, Illinois, Kansas, and Montana, Ms. Nickel currently resides in Naples, Florida.
Book Synopsis
Start getting out of debt today.
Table of Contents
Introduction xiii
Frequently Asked Questions xix
Building Good Credit
Credit: A Vital Part of Our Economy 3
Types of Debt-An Overview 5
Secured Debt
Unsecured Debt
Debt after a Divorce
Contingent Liabilities
Business Debt
Student Loans
Child Support
Your Credit Report 19
Information a Consumer Reporting Agency May Furnish
Obtaining Information from the Agency's Files
Items Your Credit Report Cannot Contain
The "Quick Fix"
Disputing Items in Your Report
Cost of the Report
Reports for Employment Purposes
Reports Containing Medical Information
Requirements for Users of Reports
Use of Other Information
Obtaining Information under False Pretenses
Providing Information to an Unauthorized Person
Reporting Agency Liability for Noncompliance
For Further Research
Sample Letter Requesting Removal of Information
Sample Letter Reporting Inaccurate Credit Information
Sample Letter Complaining to FTC
Establishing Good Credit 33
Credit History
Credit Application Process
Using Credit Responsibly 41
Understanding Credit Pitfalls
Strategies Before Creditors and Collectors Call 45
Prepare Yourself and Your Creditors
The "Minimum One Dollar Payment" Myth
Wage Assignments
Credit Counseling
When the Collection Agency Calls 49
What a Collection Agency Can Do
The First Call from a Collector
What a Collection Agency CannotDo
If You Have an Attorney
What You Can Do on Your Own
For Further Research
Sample Letter Requesting No Contact
Sample Letter for Disputing a Bill
Sample Letter to FTC
The Internal Revenue Service 63
IRS Collections
Assuming Incorrect IRS Bills
Answering an IRS Inquiry
Property the IRS Can Take
Taxpayers' Bill of Rights
What the IRS Cannot Take
IRS Time Limitations
Audits
For Further Research
Sample Letter to IRS
Small Tax Case Petition Form
Loan Disclosure Requirements-Truth in Lending 73
The Federal Law
Required Disclosures
Time Periods in which Disclosures Must be Made
Finance Charge and Annual Percentage Rate (APR)
Truth in Lending Disclosure Statement
Good Faith Estimate-Residential Mortgages
Equity Line Mortgages and Your Right to Rescind
Balloon Payments on Consumer Loans
Refinancing
When Disclosure is Not Required
Lenders' Liabilities and Your Rights and Obligations
Credit Application Worksheet
For Further Research
Sample Loan Application Form
Sample Uniform Residential Loan Application
Sample Truth in Lending Disclosure Statement
Sample Good Faith Estimate
Sample Error and Omissions/Compliance Agreement
Sample Notice of Right to Cancel
Credit Cards and Other Open-End Consumer Credit Loans 99
Information That Must be Disclosed
Billing Disclosure Requirements
Penalties for Violations
Consumer Loan Billing Procedures
Unsolicited Credit Cards
Lost or Stolen Credit Card
New Credit Card Fraud
For Further Research
Sample Letter Notifying of Incorrect Billing
Consumer Lease Disclosures 107
Consumer Lease
Disclosure Requirements
Residual Value Calculation
Liabilities for Violations
For Further Research
Real Estate Loans 113
Mortgages
Contract or Agreement for Deed
Deed of Trust
Your Loan Documents
The Mortgage Foreclosure Process
Service of Process and Deficiency Judgments
After the Sale-Period of Redemption
Foreclosing a Deed of Trust
Selling the Property before Foreclosure
Deed in Lieu of Foreclosure
Negotiating with Your Lender
If You Are in the Military
Recap-Steps You Can Take after Foreclosure Is Started
For Further Research
Sample Mortgage Foreclosure Complaint
Responding to a Foreclosure Complaint
Sample Answer to Foreclosure Complaint
Assessing Your Financial Situation 131
Personal Financial Assessment Chart
Monthly Expenses Chart
Assets Chart
Assets Given as Collateral Chart
Repossession of Personal Property 137
Restrictions on Repossession
Sale of Collateral after Repossession
Lender's Pattern of Accepting Late Payments
Your Remedies
If the Lender Already Has the Collateral
Property Exempt from Creditors
For Further Research
When the Creditor Files a Lawsuit 145
Judgment
How a Creditor Gets a Judgment
Your Defenses to the Petition or Complaint
Moving to Another State
Confession of Judgment
Possible Alternatives if the Debt Is Legitimate
Effect of Judgment on Credit Report
For Further Research
Sample Motion for Modification
Sample Complaint
Sample Answer to Complaint
Collection of Money Judgments 157
Actions by a Judgment Creditor
When the Creditor Knows What Assets You Have
Garnishments
Writ of Execution and Levy
Attachment of Property Not Yet in Your Possession
Attachment of Property before Judgment
For Further Research
Protecting Your Future Credit
Bankruptcy as an Option 169
Types of Bankruptcy and Changes to Bankruptcy Procedures
Chapter 7 - Debt Liquidation
Chapter 13 - Repayment Plan
Bankruptcy Exemptions
Reaffirming a Debt
Pros and Cons
How to File for Bankruptcy
For Further Research
Divorce, Debt, and Community Property 179
Marriage and Debt
Property Settlements and Court Judgments
Debt Assumed in Divorce
Community Property and Debt
The Innocent Spouse and the IRS
Reestablishing Good Credit 185
Planning the Future 187
Making Yourself Judgment Proof
Glossary 191
State Resources 199
Federal Trade Commission Regional Offices 233
Statutes of Limitation 235
Frequently Referenced Laws 239
Index 241
About the Author 251
Subjects