Many folks who have filed applications for Borrower Defense to Repayment seeking to discharge their federal student loans due to fraud by the school, are running into problems with their servicers sending bills that payments are now due — even though the application is still pending and the loans should…
It’s extremely important when consolidating federal loans that you do not add any Parent Plus loans to the consolidation of your own loans. It will taint the new loan and disallow many favorable options. Here’s an excellent example from a current client (Cecelia) who came to see us before she…
In a recent case, Harbin v. Roundpoint Mortgage Co., No. 18-11713 (11th Cir. Dec. 17, 2018), the Eleventh Circuit confronted a situation where a borrower applied for a loan modification and was told that the foreclosure sale was “temporarily postponed.” This borrower decided not to file bankruptcy to stop the…
Anyone with a federal HEAL student loan, should be aware that additional consequences can occur in the event of default. One of these consequences is exclusion from Medicare, Medicaid and all Federal health care programs pursuant to 42 U.S.C. Sec. 1320a-7(b)(14) for failure to pay your Health Education Assistance Loan(s)…
On January 31, 2019, Judge Stong of the Eastern District of New York denied the Motion to Dismiss filed by SLM Corporation, Sallie Mae, Inc., Navient Solutions, LLC and Navient Credit Finance Corp. In this Memorandum Decision, the Court dealt a blow to the private student loan defendants when it permitted…
Discharge by disability is something that I don’t see enough borrowers take advantage of to eliminate student loan debt. Today, there was a story in the Wall Street Journal, “Over 60, and Crushed by Student Loan Debt” focusing on the large increase of borrowers over age 60 who have student…
Many of our clients are getting their feet back under them now from the bankruptcies and foreclosures of the past few years. In our efforts to help them improve credit scores, we often will see an old creditor which reports a debt inaccurately after its been sold or transferred to…
What happens to the original debt when a consumer files an unlawful debt collection lawsuit? Sometimes the creditor will file a counterclaim to force the underlying debt to judgment in an effort to turn the tide in favor of the debt collector. Fortunately, in the Middle District of Florida there…
One key difference in the foreclosure crisis versus the student loan bubble is that many believe there is no possibility of relief. That is something that we seek to change every day for our clients via affirmative lawsuits for discharge of what is really consumer debt as it was debt…
This week, Adam Walser of ABC Action News reports on the problem where licensed health care workers who are in default on their federal student loans are at risk of losing that license here in the State of Florida “Florida Board of Health Suspends Health Care Licenses Over Student Loan…