Student Loan Defaulters Have Hope
GOOD NEWS FOR STUDENT LOAN DEFAULTERS!
Recent changes to federal student loan regulations bring new hopes and opportunities for borrowers who have defaulted on their loans from the government.
With the changes that went into effect July 1, the process of Loan Rehabilitation became much more accessible to struggling student borrowers.
Loan rehabilitation allows borrowers to return to current repayment status, access the benefits offered to borrowers in good standing and have the default removed from their credit history.
What Is Student Loan Rehabilitation?
If a federal student loan borrower fails to make a loan payment for 270 days, the loan goes into default, which triggers a wave of consequences that include losing your eligibility for federal student aid; losing eligibility for deferment, forbearance and repayment plans; having your loan sent to a collections agency; wage garnishment; and several other unenjoyable things.
Other negative consequences include ruining your credit history. If you go into default your credit standing will take a severe hit, which will take years to correct, and you only have three options for getting out of default: repay the loan, consolidate the loan or enter loan rehabilitation.
To rehabilitate a Direct loan or FFEL Program loan, you must make 9 of 10 payments deemed “reasonable and affordable” by you, the Department of Education and the debt collector. (For a Perkins loan, you need to make nine of these payments consecutively) Once you’ve done that, a lot of good things happen: You once again have access programs like student loan deferment and income based repayment (IBR), and the default status is removed from your credit history (though delinquencies predating the default will remain) — that’s huge for your credit standing. You’re also not going to have to deal with wage garnishment anymore.
You need to be very careful, though: Outstanding collection fees (18.5% of the loan balance) will be added to your principal, meaning your loan payments could be much higher than they were when you defaulted, so it’s up to you to set up an affordable payment plan. Rehab is a one-shot deal, so if you default again, the option is no longer available to you.
What the Changes Mean for Borrowers
In its previous state, the rehab program had some hangups. The biggest issue had to do with the debt collectors trying to recover the defaulted loans.
“Debt collectors demanded a payment based on a commission payment, and they only took a commission if they took a payment of 1% or more of the loan,” said Joshua R.I. Cohen, a Connecticut attorney who calls himself “The Student Loan Laywer.” For example, if you had a $50,000 loan, the collector would demand a $500 payment for rehabilitation (on top of any involuntary wage garnishment), even if that amount exceeded 15% of the borrower’s discretionary income, which determines income-based repayment. Rehab was, in a word, unaffordable. For five years, Cohen has been filing lawsuits against collectors for not offering affordable payments.
Debt collectors were also not obligated to discuss loan consolidation with debtors, so rehab seemed like borrowers’ only option.
Now, borrowers should know they can use the income-based repayment benchmark to determine their “reasonable and affordable payment.” If the amount a defaulted borrower is supposed to pay on a 15% income-based repayment schedule is still unaffordable, the borrower can negotiate a lower payment. After five on-time payments, borrowers can ask to have their wage garnishment suspended (making it easier to continue the rehabilitation), and if they successfully complete their nine rehabilitation payments, the wage garnishment will be permanently removed.
“With this it becomes much more reasonable to switch from being in default with wage garnishments to having a more normal status,” said Mark Kantrowitz, Senior Vice President & Publisher of Edvisors.com. “That ultimately will benefit the lender, because oftentimes being in default on the loan causes all kinds of financial difficulties for the borrower that make it harder for them to pay.”
Having a default on your credit report will hurt your credit scores, and having poor credit makes other loans more expensive by way of higher interest rates. That in turn leaves the borrower less money to put toward the defaulted loan.
So how do I get out of default?
Consolidation is a faster way out of default than rehabilitation, but it doesn’t benefit your credit standing like rehab does. The added collection fees certainly aren’t a positive aspect of rehabilitation, but it may be worth the advantages.
Contact us at 877-433-7501 and discuss your situation with a student loan counselor who will help you figure out what your monthly income-based repayment amount would be.
If you successfully rehabilitate your loan, you’ll want to apply for income-based repayment so you don’t end up in the same predicament that landed you in default in the first place: unaffordable monthly payments. With IBR, any unpaid balance after 25 years of repayment will be forgiven.
If you’re concerned about how your student loan payment history is affecting your credit, it’s a good idea to check your credit reports regularly to make sure they’re accurate, and to monitor your credit scores. This way you can get a clear picture of your credit situation, and begin to put together a plan to get your credit back on track.
So if you are ready to consolidate, rehabilitate, and get on IBR do not wait anymore! Contact us at 877-433-7501 RIGHT NOW!
Leave a Reply