Leaving college with a degree and thousands in debt

By Alan J. Heavens
Inquirer Real Estate Writer

Americans are graduating from college today with mountains of debt that will take years to dig out from under.

Two-thirds of 2011 graduates of four-year colleges accumulated an average of $34,000 in debt each, according to FinAid.org – more than triple the amount of a 1992 graduate. For those who went on to medical or law school, the final cost could be 10 times that amount.

Until they get rid of the debt, “it is inconceivable that they’ll ever be able to buy a home,” said Steven M. Dunne, a Philadelphia consumer-bankruptcy lawyer who last year paid $36,000 to chip away at his student loans, $5,000 of that interest.

“When I graduated from law school, I knew I couldn’t make the payments with one job,” said Dunne, “so I’ve had two for the last three years.

“The impact is that I can’t afford to buy a house or a car,” he said. Essentially, “I have two mortgages to pay every month, but I don’t have any real estate to show for it.”

His friends and a huge number of his clients are in a similar position, thanks to skyrocketing educational costs – some attributed to workers seeking retraining as high-paying jobs are outsourced.

“In the last 20 years, tuition has risen 130 percent, four times the rate of inflation,” Dunne said. “Private colleges typically cost $38,000 a year with room and board.

“It is putting the economy in a dangerous position, delaying life-cycle events like homeownership, marriage, and having children,” he said.

The result has been fewer household formations, on which the demand for housing – both existing homes and new construction – depends.

With fewer first-time buyers in the pool, current owners who want to move cannot sell. With so many heavily indebted graduates moving back with their parents, people who thought they had emptied the nests cannot buy smaller houses.

“It boggles the mind how anyone can allow someone without a job to accumulate $200,000 in debt,” said Mayfair real estate broker Christopher J. Artur, who spent much effort over the years ensuring that his children graduated from college debt-free.

Dunne, a 1999 Pennsylvania State University graduate who got his law degree from New England University School of Law in 2005, started his firm, Dunne Law Offices P.C., in 2009, “believing that I could help others even though I couldn’t help myself.”

Of the legions in precarious financial straits because of high debt levels, many in this area find themselves sitting across from Dunne after defaulting on student loans.

William E. Brewer Jr., president of the National Association of Consumer Bankruptcy Attorneys, said that the amount of student borrowing crossed the $100 billion threshold for the first time in 2010, and that total outstanding loans exceeded $1 trillion for the first time in 2011.

What’s more, Dunne said, those who default on student-loan payments see their principal automatically increase 33 percent, so if you owed $100,000 and stopped paying, the balance goes to $133,000.

Part of the problem is that most students do not know what they are getting into.

The new Consumer Financial Protection Bureau is working on a one-page financial-aid shopping sheet (see it at http://consumerfinancial.gov) to help students figure out how much in federal loans and private loans they should consider taking on, and what kind of loan repayments will follow after graduation.

“They need to start teaching a course in high school about the hidden provisions of student loans and credit cards and how to make it financially in the world. It would be the most important class anyone ever took,” Dunne said.

Many of these struggling graduates are employed, but they are not earning what some of the schools had promised. That’s true in law schools especially, which promise 100 percent employment and starting salaries at $160,000, Dunne said.

“It is more like $50,000 to start,” he said, noting that a class-action suit had been filed in New York against several law schools over claims of universal employment and six-figure starting salaries.

What Dunne can do for his clients is limited. The national bankruptcy attorneys’ group said 82 percent of its members see little chance of discharging student-loan debt this way.

“Clients also read online that loans can be discharged under a hardship standard, but that’s legal fiction,” Dunne said.

“The banks got the laws changed in 2005, so that unless you are paralyzed or otherwise impaired, there’s no chance,” he said.

B is for Bailed out Banks

B is for Bailed out Banks

The Treasury Department has invested about $200 billion in hundreds of banks through its Capital Purchase Program in an effort to revitalize the banking industry and support new lending. In return, the banking industry has reciprocated the generousity of the American tax payer by modifiying
the mortgage loans of home owners in financial distress. Nope…

The Banking industry has made a calculated decision to force homes into foreclosure because it is more profitable for Banks to allow a home to foreclose than to help out a financially distressed home owner.

Why are bank’s unwilling to approve a mortgage modification? You guessed right: $$$$$$$$$.

Mortgage servicer’s are the arm of banks that manage all the residential mortgage loans. The mortgage servicing industry makes their money from managing mortgage loans. The mortgage servicing industry makes more money from a defaulted loan than a performing loan. The mortgage servicing industry makes more money from loans that need to be refinanced or foreclosed and less money from loans that need to be modified.

A Mortgage servicer recovers all costs in a refinancing or foreclosure, without incurring unreimbursed expenses. A servicer prefers refinancing as they incur no costs in a refinancing, other than the staff cost of providing a payoff statement, and may gain some incidental income from the prepayment.

Mortgage servicers second favorite option is a foreclosure because the servicer’s expenses, other than the costs of financing advances, will be paid first out of the proceeds of a foreclosure. Thus, the mortgage servicer will recover all expenses upon completion of the foreclosure.

The key to understanding the complex web of deceit in the Banking or Mortgage Servicer industry is to realize that the Banks or their Mortgage Servicers are paid by their investors to service a loan. Whenever more servicing is needed, the Mortgage Servicer gets paid more money and that is why a defaulted loan that needs to be refinanced or foreclosed is worth more money to a bank than a performing loan that simply needs to be modified. A defaulted loan that is unable to be refinanced goes into foreclosure and the servicer makes even more dough. The servicer gets paid in full after the foreclosure regardless of whether the investor ultimately takes a huge loss on the foreclosed property.

That is why the Mortgage Servicing Industry does not want to modify your mortgage loan.

But wait….Banks have figured out a way to make even more money by making it harder to refinance.

An investigation by ProPublica and NPR into government-owned mortgage giant Freddie Mac revealed that Freddie Mac was tightening credit standards making it harder to refinance and betting $5 billion in bets that are linked to $30 billion worth of mortgages tied to 100,000-plus homeowners.

What does that mean? Banks will make money twofold:
1) Servicing loans that foreclose; and
2) Gambling winnings from stocks that are tied to foreclosures.

A is for Arrest

A is for Arrest

If you’re behind in paying your bills, a debt collector may be contacting you. The Fair Debt Collection Practices Act prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

What practices are off limits for debt collectors?

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not: use threats of violence or harm; publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies); use obscene or profane language; or repeatedly use the phone to annoy someone.

Most common false statements by debt collectors?

  • Debt collectors falsely claim that they are attorneys or government representatives;
  • falsely claim that you have committed a crime;
  • falsely represent that they operate or work for a credit reporting company;
  • misrepresent the amount you owe;
  • indicate that papers they send you are legal forms if they aren’t; or
  • you will be arrested if you don’t pay your debt;
  • they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so.

Report a debt collector for an alleged violation?

Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

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Repayment Strategies for Getting Out Of Student Loan Default

The two primary ways to get out of Student Loan Default are through Consolidation and Rehabilitation.    The first step is to research your student loan online and determine what kind of loans that you have under your account.

Check the following website to research all federal student loans: http://www.nslds.ed.gov/nslds_SA/

 1.     Consolidation:

Borrowers can consolidate their defaulted student loans into a new Direct Consolidation Loan with a repayment plan tied to their income. After obtaining a Consolidation Loan, the borrower gets a fresh start with a new loan.  As of July 1, 2010, Direct Consolidation Loans are the only type of federal consolidation loans available. All federal loan borrowers may obtain Direct Consolidation Loans. However, they must have at least one Federal Family Education Loan (FFEL) or Direct Loan Program Loan (Direct Loan) to qualify for consolidation.

There are drawbacks and limits to consolidation as a way out of default. Borrowers should understand that the balance will increase after consolidation due to the addition of collection fees. One of the most important limits is that defaulted Direct Consolidation Loans may not be reconsolidated. In effect, this means the borrower has only one shot at consolidating as a way out of default.

To obtain a Direct Consolidation Loan, borrowers in default either have to make three (3) consecutive reasonable and affordable payments based on their total financial circumstances or agree to select an income-contingent repayment plan (ICRP) or income based repayment (IBR) plan.

 Payments Are Not Required to Get Out of Default Through Consolidation

Unfortunately, the Department of Education and Collection Agencies often claim inaccurately that all borrowers must make preliminary payments (sometimes three, sometimes six) in order to consolidate out of default.

This misinformation derives from the Department of Education’s monetary incentive system which motivates Collection Agencies to lie, cheat and steal from borrowers with limited means. The monetary incentive system disproportionately rewards Collections Agencies if borrowers make payments prior to consolidation. It is important to know that this is not the law and does not have to be followed in order to be successful at pursuing a consolidation to get out of default.

Furthermore, if a borrower applies directly to the Direct Loan Program for consolidation and does not use the Collection Agency as a middleperson, the agency will generally not earn any fee.

There is no charge to obtain a Direct Consolidation Loan. Borrowers may apply by regular mail, on-line, or by phone under certain circumstances. Borrowers may request an application by calling the current toll-free number, 1-800-557-7392 or, for TDD, 1-800-557-7395. Borrowers can also apply for Direct Consolidation Loans on-line at https://loanconsolidation.ed.gov/AppEntry/apply-online/appindex.jsp

Dunne Law Offices, P.C.
1500 John F. Kennedy Boulevard, Suite 200
Philadelphia, PA 19102
(215) 854-6342 (Office)
http://www.thephiladelphiabankruptcyattorney.com

Disability Discharge of Federal Student Loans

The borrower’s permanent and total disability is grounds for a student loan discharge. Borrowers with FFELs, Direct Loans, and Perkins loans are eligible for this discharge.[1] This includes consolidation loans.

The definition of disability changed as of July 1, 2010. The new definition is less restrictive and is more favorable for borrowers because it allows discharges to be granted to borrowers who are unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, can be expected to last for a continuous period of 60 months, or has lasted for a continuous period of 60 months.[2]

The borrower applies directly to the loan holder for a disability discharge. If the borrower has different loan holders, the borrower should submit a separate application to each loan holder.

In order to help ensure a more efficient application process, borrowers should follow these guidelines from the Department:

  1. Be sure to sign the application. A photocopy must contain an original signature.
  2. Separate applications must be submitted to each loan holder. Copies may be submitted. However, each copy must have an original borrower signature. Original physician signatures are not required on each copy.
  3. The application must be signed by a doctor of medicine or osteopathy who is licenses to practice in the United States.
  4. The doctor must complete the application.
  5. Doctors should not use medical abbreviations or insurance codes on the application.
  6. The doctor must provide more than a diagnosis. The doctor must also identify the medical condition and clearly and fully explain how the condition prevents the borrower from working and earning money.

The lender may continue collection activity until it receives the certification of disability.  The borrower may request an administrative forbearance to stop collection activity during the review period.

It is important for borrowers to realize that the Department of Education has a very high rate of denials due to “medical review failures.” However, the denial is not tied to an actual medical review. Instead, this is a generic denial category that can mean anything from a missing license number to the physician forgetting to check a box on the application form. The Department of Education often sends a follow-up letter to physicians that require a relatively prompt response and failure of the physician to timely respond may lead to a medical review failure. Borrower should not assume that a denial based on a medical review failure is tied to an actual medical review.

The Department of Education has set up a Disability Discharge Loan Servicing Center. The center can be contacted by phone at 1-888-869-4169, by email at disability_discharge@acs-inc.com, or by regular mail at U.S. Department of Education Disability Discharge Loan Servicing Center, P.O. Box 5200, Greenville, TX 75403-5200. Hearing impaired individuals with access to TDD can call 1-888-636-6401.

If borrower obtains a discharge, the balance of the loan is discharged.[3]

Dunne Law Offices, P.C.
1500 John F. Kennedy Boulevard, Suite 200
Philadelphia, PA 19102
(215) 854-6342 (Office)
http://www.thephiladelphiabankruptcyattorney.com


[1] 20 U.S.C. § 1087(a); 34 C.F.R.  §§ 674.61 (Perkins Loan), 682.402(c) (FFEL), 685.213 (Direct Loan).

[2] 34 C.F.R. § 682.200

[3] 34 C.F.R. § 682.402(c)(3)(ii).

Other Profession-Related Loan Cancellation Programs

The Department of Education administers a loan-forgiveness program for certain child care providers with FFELs or Direct Loans.[1] Under this program, borrowers who have received an associate’s or bachelor’s degree in early childhood education or child care and who are providing full-time child care services that serve certain low-income communities are eligible for forgiveness of up to 100% of their total eligible loans. Only loans made after October 7, 1998, qualify.  In January 2004, the Department of Education published the application for this cancellation program.[2]

The 2008 HEA reauthorization law created a number of new job-related cancellation programs, including loan forgiveness for service in areas of national need and limited loan repayment for civil legal assistance attorneys. Under the civil repayment program, attorneys may be awarded up to $6,000 in repayment assistance in 2010 and may be prioritized to receive assistance in future years if Congress continues to fund the program.[3]


[1] See 67 Fed. Reg. 55385 (Aug. 29, 2002).

[2] U.S. Dep’t of Educ., Dear Colleague Letter GEN-04-01 (Jan. 2004). The form is available on the Department of Education’s website at www.ed.gov

[3] For requirements and application procedures, see 75 Fed. Reg. 38999 (July 7, 2010).

Dunne Law Offices, P.C.
1500 John F. Kennedy Boulevard, Suite 200
Philadelphia, PA 19102
(215) 854-6342 (Office)
http://www.thephiladelphiabankruptcyattorney.com

Perkins Loan Forgiveness Program

The Perkins Loan Forgiveness Program was the first to provide for cancellation of loans for teachers in low-income school districts.

A 2005 Second Circuit decision broadened the Perkins Loan Forgiveness Program to include numerous occupations related to teaching, public interest law and social work. Since the Second Circuit decision, the Department of Education has clarified its position in a “Dear Colleague letter” explaining that the program has indeed expanded to include numerous occupations that are considered socially desirable professions.

A short list of covered occupations include:

  • Full-time nurses or medical technicians;
  • Full-time law enforcement or correction officers;
  • Full-time staff members in the education component of Head Start;
  • Military service;
  • VISTA or Peace Corps volunteers;
  • Full-time fire fighters in local, state, or federal fire departments;
  • Full-time speech pathologists with master’s degrees working in certain elementary or secondary schools;
  • Certain librarians working in certain schools;
  • Full-time attorneys employed in public or community defender organizations.
Borrowers must perform uninterrupted service for a specific length of time to qualify for a Perkins loan discharge. However, the Department of Education has waived the continuous service requirement for borrowers who are members of the military reserves or who are regular active duty members of the Armed Forces.
It is important to note that borrowers lose access to Perkins Loan Forgiveness Program if they consolidate their loans with “Direct Loans.”

Check the following website for more information:

De La Mota v. U.S. Dep’t of Educ., 412 F. 3d 71 (2d Cir. 2005)

U.S. Dep’t of Educ., Child or Family Service Loan Cancellation Benefit in the Federal Perkins Loan Program, Dear Colleague Letter GEN-05-15 (Oct. 19, 2005); 34 C.F.R. § 674.56(b).

Dunne Law Offices, P.C.
1500 John F. Kennedy Boulevard, Suite 200
Philadelphia, PA 19102
(215) 854-6342 (Office)
http://www.thephiladelphiabankruptcyattorney.com

Teacher Loan Forgiveness Program

Teachers who are full time and work five (5) consecutive years in certain schools that serve low income families are eligible to erase $5,000.00 of their federal student loans.

Math or Science teachers in eligible secondary schools and special education teachers in eligible elementary or secondary schools are allowed to erase up to $17,500.00 of their student loans in return for five (5) consecutive years of employment in certain schools that serve low income families.

The Teacher Loan Forgiveness Program under the FFEL Program and the Direct Loan Program apply only to borrowers with no outstanding loan balances as of October 1, 1998, or later.

FFEL and Direct Loan borrowers are not eligible for the Teacher Loan Forgiveness Program if their loans are in default status. If a borrower is in default status, it is imperative that they get out of default status by taking advantage of the Income Based Repayment (IBR) Program in order to establish their eligibility to participate in the loan forgiveness program.

It is important to note that teachers can take advantage of multiple loan forgiveness programs simultaneously. For example, teachers can apply for the Teacher Loan Forgiveness Program and the Public Service Forgiveness Program at the same time.

Check the following website for more information:

http://ibrinfo.org/

http://studentaid.ed.gov/students/attachments/siteresources/LoanForgivenessv4.pdf

http://studentaid.ed.gov/students/attachments/siteresources/PSLF_QAs_final_02%2012%2010.pdf

Dunne Law Offices, P.C.
1500 John F. Kennedy Boulevard, Suite 200
Philadelphia, PA 19102
(215) 854-6342 (Office)
http://www.thephiladelphiabankruptcyattorney.com

Loan Forgiveness Program

This program is available to all borrowers who work in public service jobs for ten (10) years and participate in a eligible repayment plan (IBR or ICR). The remaining balance of the student loan (principal and interest) is forgiven after ten years of public service is completed.

The program applies only to Direct Loans which encompasses Stafford, Plus, and Consolidation loans. Some borrowers may find it advantageous to consolidate their direct loans with their non-direct federal government loans in order to take advantage of this benefit.

Borrowers with non-direct loans should consolidate with direct loans as soon as possible because only payments made through the Direct Loan Program count towards the ten year forgiveness period. Borrowers who have previously consolidated their loans are eligible to reconsolidate their loans (combine direct loans with non-direct loans) to take advantage of this loan forgiveness program.

In order to qualify, borrowers must not be in default and must have made 120 payments on their loans after October 1, 2007. Payments can made through any of the eligible repayment plans (IBR or ICR). Borrowers must be employed in a public service job at the time of the forgiveness.

Jobs with federal, state, local, or tribal government organizations, public child or family service agencies, 501(c)(3) nonprofit organizations or universities should be considered “public service jobs.”

Borrowers who are working for organizations that provide any of the following services should qualify: Law Enforcement, Public Interest, Military service, Public safety, childhood education, public health care occupations, and public education.

It is important to note that the loan forgiveness is based upon the employer’s eligibility, not the type of job. Anyone working full time for a qualifying employer, regardless of his or her job, may qualify. There is no requirement that borrowers must work in the same public service job for the entire ten year period.

Check the following website for more information:

http://studentaid.ed.gov/students/attachments/siteresources/LoanForgivenessv4.pdf

http://studentaid.ed.gov/students/attachments/siteresources/PSLF_QAs_final_02%2012%2010.pdf