Tag: Perkins

Feedback From Public

This week, I had the opportunity to speak to a Rotary group about student loans.  I have been a member of Rotary, an international service organization, since the late 1980’s.  All clubs meet on a weekly basis.  A meal is shared and then club business is addressed.  At least 1-2 times per month, there is a guest speaker.

During the lunch, I had the opportunity to speak with the Rotarians at my table, all of whom have adult children who are finished with school.  All remarked how expensive college and graduate schools have become over the last 25 years, and that the high cost of post secondary education was postponing young people from marriage, buying a home, and/or having children.  The consensus was that this is not good for society.  I agree.  What was interesting about this conversation was that they all were of the opinion that a the biggest culprit for this almost exponential increase in post secondary education costs was the federal government. (and this was a town that went blue in 2016).  They reasoned that by making money readily available to students, the federal government actually encouraged schools to raise their costs of attendance far beyond the rate of inflation.  Although there are many reasons for the increasing in cost of education, they certainly have a point.

My speech went about 5 minutes over what I had planned, but only 2 or three of the audience appeared to be glazing over or nodding out.  Most of the presentation dealt with federal loans- the programs (Direct Loan, FFEL, Perkins); types of loans (Stafford, Parent Plus, Grad Plus, Perkins); deferments and forbearances; repayment plans (Standard, Graduated, and the various income driven plans); and how you get into and out of default.  The presentation concluded with a brief discussion on private loans and bankruptcy.  While the group seemed attentive, they did not react much until I started speaking about loan servicers.  That led to more than a few groans and chuckles.

After the talk, I had the opportunity to speak with 3 audience members who had specific questions.  All started out by saying that either they or their children had been trying in vain to get straight answers from their loan servicers.  Given their comments and the general reaction during my speech, even the casual observer senses that servicers are not doing a satisfactory job.

This anecdotal evidence is borne out by the fact that the Consumer Financial Protection Bureau (CFPB) has sued Navient, the largest servicer of federal and private loans, for failure to properly advise students about their options, losing documents and misapplying payments, among other things. The Bureau seeks to obtain permanent injunctive relief, restitution, refunds, damages, civil money penalties, and other relief for Defendants’ violations of Federal consumer financial laws.

It does not give students and their parents much confidence when the largest servicer of student loans is being sued by the government for failing to do its job.

The new administration knows that there is a problem with student loan servicing.  One of their solutions is to reduce the number of servicers to a single servicer.  I do not think that is a good idea.  With no competition, what incentive would this lone servicer have to fly right (especially considering that the administration is also vowing to eliminate the CFPB)?  Another solution is that servicing should be turned over to the IRS.  As crazy as this sounds, there is some bi-partisan support in Congress for this action.

IMHO, none of the proposed solutions to the servicer problem will insure good service to the consumer.  In the short run then, students and their parents might consider consulting and utilizing experienced student loan counselors (either attorney or non attorney) in assisting them with servicer and other student loan issues.

 

Closed School Discharge

For the most part, you have to pay your federal student loans for an extended period of time before the loan balance is forgiven.  And in most cases, even if the loan balance is forgiven, you will have to pay taxes of the forgiven debt.

However, there are some instances where your federal loan can be administratively discharged.  One such instance is when the school closes.  Nowadays, on a fairly regular basis, we hear reports of “for profit” school going out of business.  In 2013, the DOE reported that of 128 schools that had closed in the prior 5 years, 82 were “for profit schools”.

So, how do you qualify for a closed school discharge?  First, it has to be a federal loan.  That means a Direct Loan, a FFEL (Federal Family Education Loan) or a Perkins loan.  This includes a Parent Plus Loan.  Second, the loan proceeds were disbursed after January 1, 1986.  Third, the student was enrolled or on an official leave of absence on the date of closure, or had withdrawn not more than 120 days prior to the date of closure.  Fourth, you have to file an application for discharge of the loan.

Sounds pretty straightforward, but the closed school discharge, like everything with federal student loans, has its own regulations and internal rules.  So, if you do not follow the rules you may find that you do not get the discharge.

Moreover, there are some pitfalls.  First, if you already graduated, then you cannot get the closed school discharge.  I have heard from more than one student that the school from which they graduated had closed, and they should be reimbursed on payments because the education that they received was a useless waste of money.  That may lead to different issues, but it will not get you a closed school discharge.

Second, if the school has numerous branches, the discharge only applies if the branch that you attend is closed.  If you are taking all your courses online, then the closed school discharge applies if the main campus closes.

Third, if you transfer your credits to another school, and continue with your program at the new school, you are not eligible for the discharge.  This also applies to what is referred to as “teach out agreements”.  With teach out agreements, the closing school works out a deal with another school or with a non-closing branch of the school to accept the student into its program.  However, a school cannot force a student to accept a teach out agreement if the courses are being taught at a location different from where the student was enrolled.

If you received a closed school discharge, you do not have to repay the loan, any accrued interest or any collection or administrative fees associated therewith.  Moreover, the student borrower is entitled to reimbursement for any payments made on the loan.  And, if you qualify for the closed school discharge, the amount discharged is not subject to tax.