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Experts state that by early 2013, the amount of student loan debt in the United States surpassed $1 trillion and that nearly 20% of Americans households owe on student loans.
It is also reported that student loan delinquency and default are also on the rise. By 2009, about 9% of borrowers had defaulted. Student graduating from for-profit schools have a much worse default rate.
There are many negative consequences for student loan borrowers who default. The federal government contracts with several private collection agencies to collect on defaulted loans. Collection charges may be as high as 20% or higher of the payment. Also in order to collect, the government can seize wages, tax refunds, and social security payments.
Deferment and Forbearance
Borrowers with federal loans who return to school or who are in a difficult financial circumstances may be able to obtain a temporary deferment or forbearance of payments. Information is available on the Department of Education's website.
Deferment means that the borrower is excused from making payments for a period of time. Borrowers who do qualify for deferment may seek forbearance from payment or a reduction in payments for up to 12 months. Unlike with deferment, interest continues to accrue on the loan.Jordan E. Bublick - Miami Bankruptcy Lawyer - North Miami & Kendall Offices - (305) 891-4055 - www.bublicklaw.com
Experts state that by early 2013, the amount of student loan debt in the United States surpassed $1 trillion and that nearly 20% of Americans households owe on student loans.
It is also reported that student loan delinquency and default are also on the rise. By 2009, about 9% of borrowers had defaulted. Student graduating from for-profit schools have a much worse default rate.
There are many negative consequences for student loan borrowers who default. The federal government contracts with several private collection agencies to collect on defaulted loans. Collection charges may be as high as 20% or higher of the payment. Also in order to collect, the government can seize wages, tax refunds, and social security payments.
Deferment and Forbearance
Borrowers with federal loans who return to school or who are in a difficult financial circumstances may be able to obtain a temporary deferment or forbearance of payments. Information is available on the Department of Education's website.
Deferment means that the borrower is excused from making payments for a period of time. Borrowers who do qualify for deferment may seek forbearance from payment or a reduction in payments for up to 12 months. Unlike with deferment, interest continues to accrue on the loan.Jordan E. Bublick - Miami Bankruptcy Lawyer - North Miami & Kendall Offices - (305) 891-4055 - www.bublicklaw.com
When you purchase something on credit, such as a car or a piece of jewelry, you enter into a Secure Loan because the item you've purchased secures the creditor because it automatically becomes collateral. Collateral is something that can be taken away, from the borrower, by the lender, if the debt is not paid.
The post Dealing with Secured Creditors appeared first on Tucson Bankruptcy Attorney.
When you purchase something on credit, such as a car or a piece of jewelry, you enter into a Secure Loan because the item you've purchased secures the creditor because it automatically becomes collateral. Collateral is something that can be taken away, from the borrower, by the lender, if the debt is not paid.
The post Dealing with Secured Creditors appeared first on Tucson Bankruptcy Attorney.
I have noticed a rush of Chapter 13 filings lately that never make it past the starting gate. The client gets the relief of the automatic stay, but not for very long. It seems that lately there is a lack of sincerity with regard to Chapter 13 filings. This trend is counterproductive to realizing the+ Read More
The post When Filing Chapter 13 Bankruptcy, Make A Good-Faith Effort To Succeed appeared first on David M. Siegel.
The idea of having your student loan debt forgiven might sound like a dream come true, but there are a few things you’ll want to consider should you be among those eligible for student loan forgiveness.
It turns out that there are many ways to get federal student loans forgiven. In fact, the Consumer Financial Protection Bureau a few years ago estimated that more than a quarter of working Americans are eligible for the Public Service Loan Forgiveness Program, but only a small percentage are actually using it.
And while student loan forgiveness in and of itself may not negatively impact your credit, the status of your loans before and after you enter into a forgiveness program could, so it’s important to thoroughly discuss with your lender how your loan discharge will be reported.
“Before entering into a loan forgiveness program, be sure you understand how the loan will be reported on your credit report,” said Rod Griffin, director of Public Education at credit bureau Experian. “For there to be no negative impact on your credit scores, the loan must be reported as if it were paid according to the original contract terms.”
That means you might need to negotiate if you’ve made any late payments or gone into default.
Let’s say you qualify for forgiveness because of a disability, and you fell behind on your student loans due to medical bills, inability to work and other factors that might impact your finances. If, when your loan is discharged, the servicer reports the missed payments to the credit bureaus, your balance will show up as zero, but those late payments will remain on your credit report.
You can try to persuade the lender (or collector if it’s gone that far) to remove the blemish from your reports, and they might consider it if you have a good explanation as to why it happened.
Also, if the lender indicates that the account was settled for less than originally agreed, that could also hurt your credit scores, Griffin said.
“It should indicate it is paid in full and that there are no delinquencies in the credit history” in order to not negatively affect your credit, he said.
Errors in your payment history also can negatively impact your credit score, so it’s a good idea to check your credit reports before entering into a student loan forgiveness plan. By doing so, you’ll be able to dispute any errors on your student loan accounts and have them corrected. You can start that process by checking your free credit scores, updated monthly on Credit.com, which will also show you major credit scoring factors like payment history. You can also get a free copy of your credit reports from each of the major credit bureaus annually.
Will You Pay Taxes?Certain types of student loans that are forgiven are not taxable, but other types are, so it’s good to know where you stand so you aren’t shocked by a big tax bill. A good place to begin your research is our primer on taxes after student loan cancellation. While President Obama’s 2017 budget proposal seeks to exclude Department of Education loan forgiveness programs from taxable income, it will require Congressional action to make that happen.
If you’re already behind on payments, there are some options available to help you get back on track, even if forgiveness isn’t one of them. To get out of default, you can combine eligible loans with a federal Direct Consolidation Loan, or you can go through the government’s default rehabilitation program. If you make nine consecutive on-time payments (these can be extremely low), your account goes back into good standing, and the default is removed from your credit report.
Copyright 2016 Credit.com, Inc. All rights reserved.
Last Week Tonight with John Oliver: Debt Buyers (HBO)
Debt buyers are an unsupervised group that prey on millions of naive people. According to this YouTube by John Oliver (please excuse some of his language) American households are more than $12 trillion dollars in debt, $436 billion are more than 90 days past due. Debts can come from unexpected debts, such as medical bills. Delinquent debts have been purchased over and over again by debt collectors. Billion dollars in debts are sold again and again. The largest debt buyer, Encore Capital Group, parent of Midland Funding, says that one in five Americans owes them money or has in the past.
The debt buyers buy only a spread sheet with names of the borrower. That sheet includes borrower’s name, address, SOCIAL SECURITY NUMBER, but no information to back up whether or not this is a valid date.
Debt buyers are harassing the borrower despite the fact that the debt was discharged in bankruptcy, or is outside the laws that prohibit collection of an old debt, hence “zombie debt buyers”. This video has tapes of horrible phone calls from debt buyers that threaten to do things that are completely illegal. Attorneys are involved and spending only seconds reviewing law suits before filing the suit hoping that the borrower will not answer and the debt buyer gets a default judgment. Next step: garnishing wages.
The latest debt collector “fraud” has been to use false letters on a government letterhead intended to scare a borrower into paying a debt that is already paid, discharged in bankruptcy, beyond the statute of limitations, or not even their obligation.
Federal Trade Commission and Consumer Financial Protection Bureau have tried to protect consumers. Unfortunately, several states, including Arizona and Arkansas, have loosened laws that required a debt buyer to prove that this was a legitimate debt.
The post Are You a Victim of Zombie Debt Buyers? appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Credit reports and background checks errors
Ever checked your credit reports? You will after watching this YouTube video: Last Week Tonight with John Oliver talking about errors credit reports and background reports. (I apologize for some of the language this reporter uses, but the information is extremely useful). What I did not know is that:
- 52% of debts on credit reports are for medical bills.
- One in four credit reports had errors and
- one in twenty were seriously wrong.
I was aware that the errors directly affected someone’s ability to get a job, buy a car or home, get insurance or rent an apartment. What I had not considered was the havoc errors in these reports would suffer on innocents. It literally takes years and lots of money to unwind credit or background reporting errors. That is years out of someone’s life. Time they could have spent with their family, contributing to their community or just relaxing. How alone they must feel!!
There are some regulations on the credit reporting companies, but not enough to protect you. The government agencies are well aware of the problems caused by credit reporting agencies, but do little to protect us. Except the Consumer Financial Protection Bureau. They are aggressively attacking credit reporting agencies. Check out their web site for tools, resources, many very valuable tips and an easy to file complaint process.
Background reports: Hundreds of companies offer background reports. These companies do not the same obligations as credit reporting agencies (which is minimum to say the least). According to the Federal Trade Commission “there is no list of these companies”. This YouTube review explains how often these background reports are inaccurate and how people are affected by these errors.
You may be one of those who have errors on your reports and never knew it. Order your free credit reports from www.annualcreditreport.com. By federal law each credit reporting agency must give you one free report each 12 month period.
The post Credit Reports Listed Me as a Terrorist appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Looking to purchase a new home, or possibly vacant land? Coming up with an initial down payment can be tough for some Delavan real estate buyers. This is why our Delavan Real Estate Attorney has put together some tips to help you save for a real estate down payment. Read these fantastic ideas below:
Creative Ways to Save for a Delavan Real Estate Down Payment
1. Take money from your savings account. You save money for a reason, right? Why not use the money you have saved toward your new Delavan real estate investment?
2. Find ways to earn more money. You could find a 2nd job, whether permanent, seasonal, or temporary, to help you earn money toward your Delavan real estate down payment. Consider side work projects, such as mowing lawns, painting, tiling a floor, or weeding a flower bed. You would be surprised how many people need help with simple projects, such as these. Do you have a talent or hobby, such as crocheting or furniture making? Use your skills to sell items in order to earn extra cash.
3. Use government loan programs. There are many programs available to help home buyers lower their costs. Ask our Delavan real estate attorney how government loan programs could help you.
4. Cut your expenses. What expenses do you pay monthly that you could use toward your Delavan real estate down payment? Consider cutting your cable or cell phone. Forego eating lunch out at work and bring a sack lunch instead. Skip your Starbucks coffee or Friday night pizza routine. Cut back on groceries, eating simpler.
5. Borrow money from friends and family. Ask your friends, parents, aunts, uncles, cousins, or siblings to lend you money with the promise to pay it back. You may get the money interest free.
6. Pull from your investments. If you must, pulling the needed money from a 401K, CD, Federal Bond, or Stock may give you just the amount of cash you need. Depending on which type you pull from, you may pay an early withdrawal penalty, but it may be worth it to put you into your new home.
7. Have a relative gift you the money. If a friend or family member gifts you money, you don’t need to pay it back. If it is under a certain dollar mount, no one pays taxes on it. Ask our Delavan real estate attorney about gifts and taxes.
8. Use existing equity. If you are fortunate enough to have existing equity in another property, use the equity to come up with the down payment on your current investment.
Contact Our Delavan Real Estate Attorney
Whether you are purchasing your first home, second home, or vacant land, it is always smart to have an experienced Delavan real estate attorney on your side. The earlier you contact a Delavan real estate attorney during the real estate process, the more effective an attorney will be in guiding you through complicated real estate transactions. Do not delay. Contact our Delavan real estate attorney today. You can reach our Delavan real estate attorney by phone at 262-725-0175 or by email via our website’s contact page. Wynn at Law, LLC has real estate offices located in Delavan, Lake Geneva, Salem, and Muskego.
*The content and material on this web page is for informational purposes only and does not constitute legal advice.
ILLEGAL DEBT COLLECTION PRACTICES BY PRESSLER & PRESSLER, LLP AND DEBT BUYER
Release from Consumer Financial Protection Bureau “CFPB”:
Presser & Pressler, LLP, a law firm, Sheldon H. Pressler and Gerard J. Felt, the firm’s two principal partners, and New Century Financial Services, Inc., a debt buyer, were ordered to stop churning out unfair and deceptive debt collection lawsuits. Most of these lawsuits were on little to no evidence that a debt was owed. The consent orders bar the companies and individuals from illegal practices that can deceive or intimidate consumers, such as filing lawsuits without determining if debts in question are valid. The orders also require the firm and the named partners to pay $1 million, and New Century to pay $1.5 million to the Consumer Financial Protection Bureau’s Civil Penalty Fund.
“For years, Pressler & Pressler churned out one lawsuit after another to collect debts for New Century that were not verified and might not exist,” said CFPB Director Richard Cordray. “Debt collectors that file lawsuits with no regard for their validity break the law and violate the public trust. We will continue to take action to protect borrowers from abuse.”
According to CFPB Pressler & Pressler, LLP is a New Jersey-based law firm that collects consumers’ debts for creditors through lawsuits and other means. New Century Financial Services, also based in New Jersey, buys and collects defaulted consumer debts, then hands those accounts off to Pressler & Pressler for collection, who filed hundreds of thousands of lawsuits against consumers. Attorneys generally spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit.
The CFPB found that the parties:
- Made false or empty allegations about consumer debts
- Filed lawsuits based on unreliable or false information
- Harassed consumers with unsubstantiated court filings
Read more of this article, plus a copy of the consent agreement
This action continues the Bureau’s work to address illegal debt collection practices across the consumer financial marketplace, including companies that sell, buy, and collect debt. In recent separate enforcement actions, the CFPB has ordered large banks, credit card issuers, debt buyers, and firms to overhaul their debt collection practices and refund millions to harmed consumers. The Bureau will continue working to ensure all players in the collections market treat consumers fairly.
The post Pressler & Pressler, LLP Fined $1M for Illegal Collections appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.