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pslfI heard from a client today who attended one of our student loan seminars recently.  Many of her colleagues in the military recently submitted their PSLF applications and are now starting to get back denials.  Despite completing the ten years of payments while working full time for Uncle Sam, PSLF relief is being denied due to what amounts to loopholes.  The most common reasons are they have the wrong loan types or wrong payment plans.  So as I thought, many people still don’t know they have a problem!

Kathy wrote:

  • I cannot THANK YOU both enough for all the help and guidance getting my loans back on track for future forgiveness.  It’s a huge weight lifted knowing that now I have an end date to look forward to!! 🙂  I will absolutely write a review for you and have been talking you up to my fellow vets in the same position as me.  Quite a few of them recently tried to submit for loan forgiveness after 10 years of public service only to realize the same thing I did after your talk, Christie – that they did not have the correct loan type to do so.  I hope they reach out and utilize your expertise.
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https://www.tampabankruptcylawyerblog.com/wp-content/uploads/sites/10/2015/07/christie_d._arkovich_p.a_1_small.jpgI thought I’d take a few minutes to write a follow up to Jeff Gitlen’s informative piece on consolidation of federal student loans over on LendEDU.com.

As a student loan attorney, we have learned several tricks to take advantage of ways to reduce student loan debt while avoiding the traps in consolidation.  Consolidation is often misunderstood as a way to reduce interest rates.  Jeff emphasizes that this is not accurate, rather the loans remain at a market weighted average of what they were before the consolidation.  But it is much more convenient to have one loan, with one payment and one servicer.  Not only does it makes payment easier, it makes enrollment in income driven plans much simpler.  Same with the annual certification of your proof of income – only one place to send your proof of income.  One payment.  Nice and simple.

But consolidation is much much more.  You can actually change your loan type through a consolidation.  Did you know that prior to 2010, 80% of all federal loans were the older Family Federal Education Loans (FFEL).  And importantly, FFEL loans are ineligible for Public Service Loan Forgiveness.  I know of LOT of people who didn’t know this and have loans outstanding from prior to 2010 – and they aren’t getting the relief Congress intended through the PSLF – people who are counting on their loans being forgiven after 10 years of public service.  Consolidation of the FFEL loans to Direct loans would have fixed this problem that we’re now seeing in droves.  A recent GAO report shows only 55 borrowers have qualified for PSLF to date due in large part to having the wrong loan type or in the wrong payment plan.  Read about this more in this Student Loan Nightmare story focusing on two of our PSLF clients by ABC Action News.

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foreclosure-defenseIt’s well known that Florida foreclosure attorneys vary in experience and results.  Some do loan mods, some don’t.  Some do short sales, some don’t.  Some file bankruptcies, some don’t.  Some do appeals, some don’t.

We’ve always taken what I call a holistic approach.  While we can try for a dismissal and we’ve had many dismissals over the years, we are really looking for a complete and final resolution for the client.  A dismissal means the bank/lender will just keep coming back and file yet another foreclosure.  Some clients want that – they just need time in the house without a mortgage payment while they get back on their feet.  Some have saved some funds to apply to a down payment for another home that is not underwater.  Some try for a free house, which very rarely happens.

But many of our clients want to move on, they need some time to come to that decision, which occurs during the foreclosure defense case, but ultimately, they may seek a deficiency waiver, cash for keys and an extended move out date.  We negotiate that.

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Graph-Growth-in-SLs
I’ve been invited by the Tampa Bay Bankruptcy Bar Association to speak about student loan debt and what can be done – both inside and outside of bankruptcy.  This is for the Consumer luncheon on the fifth floor of the federal courthouse if any local attorneys are interested in attending.  You don’t have to pre-register, it’s free and there’s pizza!  I’ve got lots to cover, some new things going on and the results are fantastic!  Just check out our reviews and what our clients are saying!

This graph above should show why we have a problem with student loan debt – its tremendous growth even since the recession in ’08 is crazy.

Also, notice in the graph below, while our mortgage delinquencies are back to the lowest they’ve ever been, student loan delinquencies are the highest they’ve ever been — and more than credit cards, auto and mortgage debt.

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Giraffe-feedingOur associate attorney, Barbara Leon’s anniversary was today and she had the day off.  What did she choose to do:  Feed a giraffe.  Pretty cool.  A baby too.

I’m sure her husband Leo is around somewhere…

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robocallsRobocalling case law has been rapidly evolving over the past few months.  The latest case out of Tampa’s Middle District, is the case of MELANIE GLASSER, individually & on behalf of all others similarly situated Plaintiff, v. HILTON GRAND VACATIONS COMPANY, LLC. Defendant., No. 8:16-CV-952-JDW-AAS, 2018 WL 4565751, at *5 (M.D. Fla. Sept. 24, 2018) (Judge Whittemore) (holding at summary judgment that defendant’s dialer is not an ATDS and discussing a dialer that automatically enters the number but requires a clicker agents to push the “make call button” to control the pace of the calls doesn’t alter that the clicker agent’s actions were “integral to initiating outbound calls” …  “accordingly, it matters not that the computer actually dials the number forwarded to it by the clicking agent. Rather, the focus is on the agent’s human intervention in initiating the calling process.”).

Despite this case initially looking bad for consumers, there was some good language in the case – its just that the evidence wasn’t presented in this case for the telephone system to fall under the definition of an autodialer.

“Relevant here, ACA Int’l left intact earlier FCC rulings that “the ‘basic function’ of an autodialer is to dial numbers without human intervention:” For instance, the ruling states that the “basic function” of an autodialer is the ability to “dial numbers without human intervention.” 2015 Declaratory Ruling, 30 FCC Rcd. at 7973 ¶ 14; id. at 7975 ¶ 17. Prior orders had said the same. 2003 Order, 18 FCC Rcd. at 14,092 ¶ 132; 2008 Declaratory Ruling, 23 FCC Rcd. at 566 ¶ 13.”

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https://www.tampabankruptcylawyerblog.com/wp-content/uploads/sites/10/2015/07/christie_d._arkovich_p.a_1_small.jpgWhen you contact your private student loan company, you likely will be told the only options are: 1) a payment amount that is much higher than you can afford, or 2) to make an interest only payment which makes no dent whatsoever on the loan balance.  Stop that.  Read below.  Then call us.

Our latest Google review from Matthew:

My daughter and I contacted Christie last December regarding loans that I had cosigned for.  Navient was unwilling to offer an affordable payment.  They offered an interest only payment, and late payments were killing our credit. With Christies guidance we did exactly what she suggested and we were able to reach a settlement for around 30% with an affordable monthly payment.

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arbitration
Many consumers aren’t aware that when they sign up for a service, or buy a product, that they are agreeing that in the event of a dispute that the parties will be referred to arbitration.  These clauses often waive the consumer’s right to go to court, present their case before a jury or file a class action.  Most consumers have no idea that this is part of the contract.  To add insult to injury, often the creditor retained the right to file its own collection case in small claims or county court.  How is this legal you may ask?

Well that topic is for another day, most courts will uphold an arbitration clause.  However, there are ways around an arbitration clause by arguing that the clause doesn’t apply.  This would be in the event that the plaintiff bringing a lawsuit is not actually a signatory to the lease or contract.

  • Arbitration is party specific.
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https://www.tampabankruptcylawyerblog.com/wp-content/uploads/sites/10/2015/07/christie_d._arkovich_p.a_1_small.jpgWe’re looking to hire a full time legal assistant if any of my legal friends know of someone who is looking.  Helping people reduce their student loan debt is a very rewarding position for the right person who has great follow through and is a self starter who likes to work with little supervision (once trained of course :).  Competitive salary and 401k.

 

Contact Information
1520 W Cleveland St
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