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Know what your enemy wants

Why are we successful? Why do we deliver seemingly impossible results?  How do we protect real estate?  How do we successfully navigate high earners through workout?

The answer lies in knowing what your opposition wants.  You can control the outcome of any negotiation or transaction if you know what your opposition wants.  Instead of focusing on the desires of our clients; “my client wants to keep his home” , “my client wants his PG released”, “my client wants to avoid a judgement”, we instead focus of what the banker wants, and from our experience in workout we know exactly what that is.  Through delivering what the banker is seeking we simultaneously achieve our objectives.  This happens because the bank wants to work with us.  We already know what they need, when they need it, and we cooperate immediately.  If someone does have real estate, they need to know the liquidated value and how much is owed against it.  If someone is a high earner, they need to see their monthly personal expenses along with their recent tax returns.

We give them this information up front, and if there is exposed equity or liquid cash, we settle for an agreed upon amount that covers the client’s liquidated net worth.  The bank gets what it wants, a settlement short of a legal battle that is equal to or greater than what they would experience through a forced liquidation or bankruptcy.  And if you’ve noticed, we too have achieved our objectives.  We worked with the bank so there is no judgement (likely),  we account for the equity in real estate in a liquidation scenario and therefore our client keeps their home, and because we show the bank the required monthly expenses of our clients, their income is also not a stake.  Instead of picking a fight, we give the banker what they want as quickly as possible and all of a sudden your recent enemy becomes an ally.

Many bankers are astonished at this approach as many borrowers in default will avoid the bank, have horrible communication, do not cooperate with the data and documents requested of them, and when they do finally communicate with the bank, the first words out of their mouths are “I want this or I need that”…. That doesn’t work.  You need to know what the banker wants and find out a way for both sides to be successful.  Deliver the opposition what they need and you too will succeed.

So this all begs the question… What does the banker want? Simple, the want to protect their SBA guaranty (for SBA loans) and they want a settlement offer that actually reflects the value of assets and of the guarantor, and finally, they want cooperation.  The bankers we deal with have hundred of defaulted loans they are currently working on in any given moment.  Cooperation, documentation, honesty, respect of their binding regulations, and adequate settlement are the only things they are looking for.

This is where we come in. Recently I dealt with a high earner who had high income and multiple properties…. We settled almost $300,000 in debt for $20,000… I knew what the banker needed.  I did not dodge him, I did not express what my client wanted or needed, I cooperated completely.  Without him having to ask me I got all of the documents nessary to support both the bank and the SBA’s regulations and helped the bank secure its SBA guaranty… And when all the facts were laid out, the real estate had no value in today’s economy and my clients monthly expenses were deemed justified and his income was not at jeopardy.

I knew what my opponent needed, I gave it to him, we became allies,and together we both won.

Call us, 413-584-2581, we can do the same for you.

Verification can be Scary!

Most borrowers who have credit card debt feel abused and put out by creditors calling all day every day and the many letters they get in the mail.  Credit reporting is already punishing them and they feel the calls and mail is harassment.

They may be right!

There are stringent rules that govern collection practices and credit reporting and most major creditors violate them every day.  They call friends and family, they call you when you have asked for communication only by mail. They have many aspects that are blatantly out of line.

How do you fight back?  You owe the debt, what can you do?

Ask for verification.  Ask for how they are calculating fees and interest in writing.  Ask for verification that you originally signed for the credit and for the charges that make up the debts they are trying to get you to pay.  How about asking for proof they are even allowed to collect a debt in your state and what the statute of limitations are in your state?

There are tons of hoops that creditors are supposed to be jumping through, but unless you show them you know where they are the dog and pony show will go on will creditors simply marching around the obstructions.

Use the magic word, it’s not please, it’s Verify.

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Accepting the Settlement… On Our Terms

A great success this week came during the negotiations with a banks lawyer regarding the settlement offer for my clients offer in compromise on his SBA loan.  After completely analyzing my client’s financial condition, it quickly became apartment that it would be difficult to offer the SBA anything at all to settle. He has a negative net worth in the tens of thousands, falls short of his monthly expenses by thousands of dollars, and is financially supported by his son.

Several weeks ago I presented the bank with a very aggressive settlement offer. I presented my clients financials, and expected the bank to realize that although the offer was small, it was all that my client would ever be able to afford.

Unfortunately, the banks lawyer told me that they had a hard stance on not passing any offer through to the SBA that was under 30%.  Instead of giving up, I called the lawyer and asked him where they expected to get that kind of settlement offer. We went back and forth for some time, but finally he came to the realization that it would be better for him to accept a small offer, than legally pursue my client for something he does not have.

Although we did not come to a final settlement this week, I plan on wrapping this up next week with an offer that my client can actually afford. Once again, logic and common sense prevails and leads to success!

 

The 14 Month Short Sale Closes!

14 months, 3 BPOs, 2 appraisals, 3 negotiators from the lending bank, and yesterday the seemingly never-ending short sale closed, eliminating over $200,000 in debt!

Short sales, while becoming a more popular alternative to foreclosure, are extremely difficult to navigate and complete successfully.  The process takes months, the buyer must be both flexible and patient, the guarantor must be smart and save cash reserves for future settlements while in this period of time where he is not paying his mortgage, the bank must do its appraisals and BPOs, HUD1s are exchanged, negotiations take place, and finally a closing is schedule… At which point the only remaining concern is that the buyer’s financing can close on time. Using a third party consultant or representative is extremely important.  They come with experience, the separate you from your creditors, and if they are good, they will maximize you debt reduction… This is what we do every day

The client I referenced early not only eliminated over $200,000 in debt, avoided foreclosure and auction, but did not pay his mortgage for over a year which allowed him to build funds to settle his other debts.  A huge success all around.  Many would have abandoned when things got tough, when foreclosure notices we sent from the bank… We did not and we won!  We made the best of a difficult situation, the buyer got a good price, the bank was able to turn the collateral into cas, and my client was able to avoid an auction.

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Second Wind Consultants

Second Wind Consultants business's mission is about eliminating debt and preserving assets. Helping business owners reach their goals, helping them overcome difficult business problems and build profitable organizations.