This is not legal advice, and qualified legal counsel should be sought for any legal purpose. VA Mortgage Loan and Loan Assumption for Veterans. The VA recognizes life events occur and remain focused on meeting the needs of veterans during such times. Undoubtedly, it was not the intent for any veteran to be “forced” to forfeit an entitlement or benefit due to an unplanned circumstance. The VA mortgage Loan program is no exception. While a divorce may not be avoidable, alternatives are provided for the veteran to continue with the VA mortgage loan when their spouse is a non-spousal veteran (NVS). From the beginning of the VA mortgage loan process education and transparency is provided for both co-borrowers. Explanations and procedures are including in cases of default and removing a co-borrower. Likewise, continuous opportunities are made available through transactions as well as posted publicly for both parties to understand the program and its’ affects in different situations. More specifically, the VA Pamphlet 26-7, is provided to the parties and not only states a veteran can release a spouse from joint owners, joint borrowers in the event of a divorce, but the ways in how to accomplish such. The goal is always to protect the veteran’s benefit while acknowledging a NVS’ need for loan release of liability. Some alternatives include refinancing, but with restrictions from lenders as well as the VA. These options do not avoid refinance charges or other lender fees. In those instances, the terms of the loan will reflect the current housing and lending interest rates rather than original terms of a mortgage. They can create future financial burdens with increased fees, interest rates and payments. The simplest way to protect a veteran’s VA mortgage loan benefit is to utilize a “loan assumption” with a “release of liability” (ROL). A loan assumption is not the same as a refinance loan. It allows a veteran to maintain the original VA mortgage loan terms and conditions. The VA mortgage loan would be “assumed” by the veteran while a NVS would be released (ROL) as a joint owner/borrower. The VA loan assumption and NSV ROL appears to be the best strategy if it would burden a veteran with increased monthly payments. Prior to March 1, 1988, loan assumptions were automatic. Thereafter, loan assumptions are required to be requested through the lender and the VA for permission. In the event, a lender cannot provide permission for a loan assumption, a loan can be transferred to another lender who can. The first step required would be to secure a lender for loan assumption. Once acquired, the lender should begin their loan assumption process. Upon completion of the loan assumption, a ROL through the Regional Loan Center (RLC), Department of Veterans Affairs in the area should be filed. Keep in mind a ROL has specific language to be included for success. There is a prerequisite, however. Loan assumptions require a legally binding separation agreement or divorce decree. But a signed separation agreement by all parties based on the local laws and ordered by the court can often be used in lieu of the final divorce decree. This is ultimately the first step and would seemingly be arranged through a negotiation process. The VA has provided the VA loan assumption method specifically to preserve well deserved VA Loan Mortgage benefits for veterans. Divorce should not impede, terminate, or cause a burden to a veteran regardless of the circumstances. Please know your rights and advocate for yourself!

1. What services do you need? M.I.S.T.E.R.S Medical, Income, Special Needs, Tax, Estate, Retirement, and Survivorship planning. 2. What does it cost to hire a planner? Flat Fee Set. Pd Quarterly % or $ Amt. calculated from managed assets’ value (sliding scale) Set. Pd Quarterly; Plus Fee Based 1-time pymt or trail pymts. % or $ Amt. calculated from managed asset value; plus % calculated from $ placed into product. Commission 1-time pymt or trail pymts. % Calculated from $ placed into product or plan. 3. What are their credentials ? L.E.E Licensing, Education and Experience 4. Ask them to describe their client experience. How frequently will they communicate with you and by what means? 5. Who is their personal planning mentor? What planning model do they prefer and use? 6. Do they use model portfolios from a particular source, for example, Charles Schwab? 7. Know the difference between a fiduciary and best interest . Both require legal compliance . Typically applied to the following situations: Annuities (variable) and Securities Regulated by state and federal authorities. A fiduciary is an individual or organization acting “in the best interest” of an individual including avoidance of any conflicts of interest. All investments should be the best fit for their clients. It also requires disclosure of compensation. Annuities and Life Insurance Regulated by State authorities. The best interest standard requires knowledge of a clients’ financial situation and objectives. Any recommendations should address objectives with avoidance of conflicts of interests. It also requires disclosure of role played in any transactions and compensation. 8. Ask for references . 9. Inquiry about resources available to you as a client. 10. At the end of your first meeting, ask them what your concerns, objectives and goals are to ensure they were listening to you. *Be careful to check federal contractors and vendors. Ensure they actively have government contracts and ask with what agency. Having a SAMS’ number does not represent they have acquired a contract with federal agencies. Prosperity Insights.

Let’s uncomplicate things. Part 1 of this series focused on the difference between education, certificates, designations, and licenses a planner may possess. This Part focuses on the individual planner and who they are. It is understanding their financial planning philosophy and experience. Consider this: Purchasing a new home is exciting. The vision is clear and simple, “find a home.” The “finding” is the action of a vision. The vision does not alter even though another component is needed to assist and navigate the process. The component, a real estate broker, assists with finding the right home and securing payment. A real estate broker can make or break the vision. Working with a financial planner is no different. The vision is clear and simple “find a financial plan”. The plan can be a retirement income plan, a tax plan, a college plan, an income plan, a long-term care plan or a combination of plans. Finding a plan is the action. The component, a financial planner, assists and navigates with finding the right plan and implementation. A planner can make or break a vision. Today, finding a planner seems overwhelming between commercials, internet, and referrals. There are options across the US with plenty of “fluff” marketing to recruit clients. But like finding a home, one size does not fit all. Finding a planner may require multiple interviews, but the vision is the “financial plan” So start with the financial vision and work backwards. Whether it is a meet and greet, seminar, or referral your vision should be steadfast. First, evaluate the marketing to ensure it aligns with the financial vision. Next, interview the planner in person, via phone or via video conference. Every potential planner should be evaluated in the same manner. Be sure the initial meeting is an interview and not a commitment to a financial plan or product. Planners who jump right in with products or plans are focused on their vision, not yours. Although it should go without saying, I will say it, if it sounds like a well-rehearsed infomercial, it is. If it walks like a duck, it is.

Financial planning is an everchanging game with many different players, positions, and rules. After a few hours of sorting out which player does what, it’s apparent going for a hotdog and coke would have been a more satisfying choice. The financial playbook is a tough read with tough and complex plays to grasps. It requires qualified professionals at many different levels, backgrounds, and experience. A financial plan is not a practice run. It cannot be. There is no time to learn from mistakes. Financial planning starts with the “Big Game”. There are no playoffs. Failing means losing, losing big. Planners are everywhere with different credentials, certifications, licenses, and designations. Recruiting a qualified player for the right position is daunting. Roosters seem to be disappearing from planner’s websites in the financial advertising industry with no way of identifying players, quality of players or the name of a firm. Today, it is not unusual to have a player come with an already pre-recruited team rather than an individual recruit. Once more, frustrations are increased when you cannot locate where the team is from or where they play. Rather, general resumes of team accomplishments are posted without individual or team batting averages, wins or losses. Positions seem blurred and foul lines missing. The game is blindly played. Let’s look at a typical game. Client A needs college, retirement, long term care, estate and specials needs financial planning. Client A is married to Client B (Clients) with a child C who needs special care. They both have 401(k)’s, outside brokerage accounts including an IRA, life insurance and medical insurance. Firm X markets to Clients through an advertisement offering comprehensive planning. Firm X has a team made up of 2 insurance agents (Agent A and B), Agent A refers to himself as a “Financial and Retirement Planner” while Agent B refers to himself as a “Tax Planner”. The team also includes an IAR, CPA and Estate attorney, all collectively called “The Team”. The CPA and attorney are crossed licensed with securities. The IAR is also crossed licensed with an insurance. The insurance agent and tax planner are life insurance licensed only. The relationship begins with Agent A, first baseman, who refers to himself as a “Financial and Retirement Planner” and the Clients. Agent A gathers facts and details surrounding Clients’ assets and goals. Shortly thereafter, Agent A recommends an indexed annuity to protect future income for the 401k’s. This recommendation has not been presented to Clients for the reason of the Team process requiring each member participate in planning. Next the second baseman, the CPA, performs a tax analysis identifying negative tax implications from the 401k’s and Ira. He recommends tax conversions. Then the third baseman, the IAR, enters the game to review the brokerage accounts. She recommends an Asset’s Under Management (AUM) portfolio including leveraging the 401k’s which Agent A had already recommended an index annuity. The plan is presented by the insurance agents to the Clients. The estate attorney, the catcher, has no part in the financial plays but is asked to review all the Clients’ assets for the reason of spousal income and legacy planning concerning the special needs child. This piece is presented by the attorney. Each player makes their play recommendations leaving the batter, Clients, to make decisions for the win. Question: Who is the Coach? Plans are presented time and time again to clients without acknowledgement of who is coaching. Clients often have an underlying trust built from reputation, yet no real affirmation of who is leading the team. It is obvious legal and tax advice can only be provided by an attorney or CPA who already carry fiduciary duties by possessing their earned degree. (Yes, degrees carry duties). But they are not the coaches. The financial industry is filled with professionals holding various licenses, certifications, and designations. Titles are governed individually by different laws, regulations, agencies, and organizations which seem to change yearly if not daily. Any change requires revisions for any financial plan. Financial decisions include many intertwined areas of financial considerations regardless of who the advisor or planner is. In the above scenario, Agent A and B, are insurance licensed only. Please note Agents A and B have self-acknowledged titles as “Financial and Retirement Planner” and “Tax Planner” as often happens in this industry. (We will touch on this in Part 3.) The CPA prepares and reviews taxes. He uses his securities license to properly analyze taxes for the security accounts keeping in line with his tax preparer position. He has no part in creating a plan. Next, the IAR advises on all the Clients’ assets focusing on an Asset Under Management portfolio (AUM). It is common for Investment Advisors to build AUM portfolio’s excluding insurance product. Sometimes the reason is due to not holding an insurance license, and other times it’s because removing money from a portfolio value causes lower compensation for the Advisor. Lastly, the attorney, the Catcher, provides legal advice for estate planning carefully not giving cross advice with financial planning without disclosures. You get where I am going with this? Who is coaching? You might not like the answer. Here it is: YOU ARE AND MUST BE THE COACH! Say it again for the people in the back. You cannot be a spectator. As a coach, you must recruit players for your team and qualify each one individually. Otherwise, you have no accountability for any given part of a plan for the reason of blurred lines. More importantly, your best interest could be comprised for personal gains. As confusing as all this is, I have created a “coach’s playbook” for financial planning. The book is made up of 3 parts which will be covered individually. Part 1 is “Recruiting: Questions You Should Ask Yourself”; Part 2 “Interviewing: Questions to Ask Your Qualifiers” and Part 3 “Regulations and Laws for Accountability” Of course, recruiting is overwhelming when you do not know how to begin qualifying a licensed professional. First, focus on who the player is not how you heard or know of them. Next, acknowledge and confirm what each player’s role is. Third, confidently, qualify their credentials with the following questions. 1. What is the title? 2. Where did the title come from? 3. What are the requirements to hold title? a. Education b. Exam c. Experience 4. What duty is owed? 5. What responsibilities does a title carry? 6. Are CE courses required to maintain title? 7. How can check status of title? Financial professionals can possess multiple degrees, licenses, certifications, and designations. Many do, but do not confuse licenses, certifications, and designations for formal education degrees. Formal education cannot be substituted for any title. For example, possessing a CFP designation is considered one of the highest certifications in financial planning, but it is not equivalent to a Doctorate or other post graduate degrees. Below is a quick reference cheat sheet to help point you in the direction to dig deeper. Keep in mind many of the agencies and organizations will provide status confirmation along with information on any complaints.