Sunday

Credit Breach – To Freeze or Not to Freeze? That is the Question!



A record data breach has recently occurred at Equifax which is one of three credit monitoring companies. A data breach is an incident in which sensitive, protected or confidential data has potentially been viewed, stolen or used by an individual unauthorized to do so. Through identify theft, this could potentially result in unauthorized charges on the victim’s credit cards, money stolen from bank accounts, credit scores ruined, false tax returns filed, and the identity thief could even commit crimes in the victim’s name.



The massive data breach affecting 143 million Americans represents 58% of adults over the age of 18! To see if your personal data has been compromised with Equifax, go to the Equifax emergency website, EquifaxSecurity2017.com, to determine if your information has been compromised.

At this point, the question is not if your information will be compromised, but most likely when. What are victims of a credit breach to do to protect their identity, assets and credit standing?


"If there is a breach and you’re concerned about identify theft, credit monitoring is not the most effective measure," Chi Chi Wu, a lawyer with the National Consumer Law Center, told NBC News. "A credit freeze is."


Although there are several steps a consumer can take to monitor credit, they do not necessarily insure data protection. It’s sort of like closing the barn door after the horse has left the barn.

How to Freeze Your Credit Report

To freeze your credit at Equifax, go to www.freeze.equifax.com.


Enter your complete name, address, social security number, date of birth, and code verification. On the next screen, select that you want to place a security freeze. Then confirm by clicking on "submit." The next screen will notify you that your security freeze request has been processed and that you will need to view and print your one-time PDF letter containing your PIN#. Write down your PIN code in a secure place when you receive it. Equifax has waived any fees to freeze credit with their company.

If you prefer to submit your request in writing, send the same information as requested on the website to: Equifax Security, Freeze P.O. Box 105788, Atlanta, Georgia 30348


It is prudent to do the same thing at the other two credit bureaus. You will most likely have to pay to freeze your credit with the other two agencies, but experts say it's worth it.
Experian: https://www.experian.com/freeze/center.html

TransUnion: https://freeze.transunion.com/sf/securityFreeze/landingPage.jsp
(Allows a credit lock or freeze with advantages and disadvantages listed for each.)
After you complete your credit freeze, the only other entities that are allowed to see your credit report are government agencies carrying out a search warrant or subpoena and yourself (if you're trying to access the free credit report that is entitled to you once per year per credit bureau at annualcreditreport.com).  Once you have placed a freeze on your credit, if you wish to apply for new credit, you will need to unfreeze your records which can take a few days and in some states, you will be charged a fee for placing or removing a freeze.

Top 10 Credit Smart Actions to Take With or Without a Credit Freeze:
1. Contact one of the three credit bureaus -- Equifax, Experian and TransUnion -- to put a free fraud alert on your credit report, which makes it harder for an identity thief to open more accounts in your name. (Under law, each is obligated to notify the other two.) It lasts 90 days, but you can renew it. Fraud alert phone numbers for all three bureaus are: Equifax (1-888-766-0008), Experian (1-888-397-3742) or to speak with a person (714-830-7000), or TransUnion (1-800-680-7289).
2. File a complaint with the Federal Trade Commission (www.identitytheft.gov) and print your Identity Theft Affidavit. Use that to file a police report and create your Identity Theft Report.

3. Guard your information. Refrain from providing businesses with your Social Security number (even if they request it). Medicare recipients should be especially careful, because SSNs are printed on Medicare cards.


4. Don't provide personal information over the phone, through snail mail or via the internet unless you have initiated the contact or you know who you are dealing with.


5. When sending personal financial information to approved recipients over the internet, use encrypted transmission.

6. Beware of over-sharing on social media. Parents should also speak with their children about the dangers of sharing too much information.


7. Protect your password. Change logins and passwords monthly, use password generators and sign up for two-factor authentication.


8. Shop carefully. Don't send financial information on unsecured wireless networks, and when making purchases use a credit card, which has more fraud protections under federal law than debit cards or online payment services.


9. Review credit card statements promptly. Before you pay, make sure that there are no fraudulent charges.


10. Review your credit report (and your children’s) every 12 months at annualcreditreport.com. If you find an error, report it immediately and stay on top of the process.


Consumer Protection Laws – Fair Credit Reporting Act
Even as millions of consumers contend with fallout from the Equifax data breach, Republican lawmakers are quietly backing legislation to deregulate credit agencies and make them even less accountable for wrongdoing. Bills are pending in Congress to limit class-action damages for violations of the Fair Credit Reporting Act and to give credit agencies more latitude in profiting from identity theft protection products.


It’s ironic that, on the same day that Equifax announced this data breach, Congress was considering a bill that would dramatically reduce the consequences of violating the Fair Credit Reporting Act (FCRA) for the credit bureaus and other industry players.


We need stronger, not weaker, consequences when companies violate long-standing privacy laws, such as the FCRA. Credit bureaus, such as Equifax, should not be rewarded with reductions in legal accountability given these recent events.


Consumer advocates say the Equifax breach should serve as a wake-up call for Americans that the three leading credit agencies — Equifax, Experian and TransUnion — are focused primarily on earning cash from people’s personal information, not keeping such information under lock and key. "Consumers are not customers of these companies — they’re commodities," said Chi Chi Wu, a staff attorney with the National Consumer Law Center. "We have no say over what they do with our data."


"We need to prevent the fraudsters who need the creditors’ approval to open fake accounts using your stolen identity. Freezing your credit is the best way to accomplish this." Diane Pyshos reports.

 
Submitted By:
Diane Pyshos Sr. Mortgage Consultant, A & N Mortgage Services, Inc.
dianep@anmtg.com 312-909-9718
NMLS #137800 Company ID #19291
Offices in Chicago, IL and Union Pier, MI


Friday

Fannie Mae Underwriting Improvements as of 7/29/17


Fannie Mae has released changes to its Desktop Underwriter “DU” (automated underwriting) guidelines in the following categories:

 
  1. Maximum DTI:  Total Debt to Income Ratio is increased from 45% to 50%. 
     
  2. Disputed Credit Tradelines:  If DU issues an “Approve” recommendation including disputed tradelines, no further documentation for the disputed tradeline will be needed.  This change will result in faster approvals due to elimination of additional documentation.
     
  3. ARM LTV Ratios:  ARM LTV ratios will be increased to be aligned with fixed-rate mortgage LTV ratios for all transaction, occupancy, and property types, up to a maximum of 95%. 
     
  4. Self-Employment Income Documentation:  The number of self-employed loans eligible for one year of personal and business tax returns will increase.
     
  5. Student Loan Cash-Out Refinance:  Paying off student loans with a mortgage refinance will no longer be considered a “cash out” transaction, potentially saving the refinance borrower anywhere from .25% to .5% on the new mortgage rate.  Previously, when borrowers refinanced mortgages to pay off student loans, the transaction was considered a “cash out” transaction with higher rates for the cash out even though the funds were being used to pay off the student loans. 
     
  6. Qualifying New Job Without Paystub:   For primary residence, one-unit, purchase transactions, when borrower has a job offer for a new job but will not start prior to purchase date, borrower is able to obtain the mortgage loan without a paystub with alternate documentation requirements.  In the past, borrower had to have at least one paystub prior to closing.
     
  7. Site Condos:  Removed project review requirements for site condos.
     

Submitted By:

 

Diane Pyshos

Sr. Mortgage Consultant, A & N Mortgage Services, Inc.

dianep@anmtg.com    312-909-9718

NMLS #137800   Company ID #19291

Offices in Chicago, IL and Union Pier, MI

 

Should You Tap Into Your IRA Accounts for Down Payment?


What do you do when you are ready to purchase a home but your bank account is not as ready as you are?  Below is information from Diane Pyshos, Sr. Mortgage Consultant, A & N Mortgage Services, Chicago, IL on pros and cons of using IRA funds for your down payment.

 

IRA Withdrawal – First Time Homebuyer Exemption

The IRS allows penalty-free withdrawals of a limited amount of IRA funds for first-time homebuyers. However, taking that withdrawal comes with certain caveats that you need to carefully consider.


Who's considered a 'first-time' homebuyer


While IRA withdrawals before age 59½ usually trigger a 10 percent penalty, there are exceptions—including the first-time homebuyer exemption. Making it even more tempting, the definition of first-time homebuyer is broader than it sounds. 

It applies to your very first home purchase, of course, but it also applies if you or your spouse haven't owned a principal residence at any time during the past two years. The operating word here is 'principal', because even if you've owned a vacation home during that time, the exemption can still apply.

Also, you yourself don't have to be the homebuyer. You can also qualify for the exemption if you're helping your spouse, child, grandchild or parent buy a home.

What you can withdraw

 

The maximum penalty-free withdrawal from an IRA under the homebuyer exemption is $10,000.


That $10,000 limit is an absolute if you have a traditional IRA. However, if you have a Roth IRA that you've held for at least five years, you may have a little more leeway. That's because you can always withdraw contributions to a Roth tax- and penalty-free. But if you withdraw earnings from your Roth, you're subject to the $10,000 limit.

The good news is that you and your spouse can qualify individually for the homebuyer exemption, potentially doubling the amount of money you can withdraw.

Taxes you may have to pay


The homebuyer exemption is penalty-free, but not necessarily tax-free. Again, the rules are different for traditional and Roth IRAs.

With a traditional IRA, withdrawals are subject to ordinary income tax no matter what. So, if you're in the 25 percent tax bracket, your $10,000 withdrawal for a down payment is really only $7,500.

With a Roth, withdrawals of contributions are always tax-free because you've already paid income taxes on that money. So are withdrawals of earnings of up to $10,000 under the homebuyer exemption, assuming you've had the Roth for five-plus years. But if you withdraw more than $10,000 in earnings, that money will be subject to both ordinary income taxes and the 10 percent penalty.

Best to consult your tax advisor.

What you can use the money for—and when


Once the money is in your hands, the IRS wants to make sure you use it for the purpose intended. So, the funds must be used for what is defined as qualified acquisition costs—the cost of buying, building or rebuilding a home plus any usual or reasonable settlement, financing or other closing costs. Those funds must be used within 120 days of receiving the distribution.

 

Submitted By:

 

Diane Pyshos

Sr. Mortgage Consultant, A & N Mortgage Services, Inc.

dianep@anmtg.com    312-909-9718

NMLS #137800   Company ID #19291

Offices in Chicago, IL and Union Pier, MI