Defaulting Loans

 

  

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Defaulting Loans
Loan Forgiveness

No matter what happens, from the point you sign the loan you are responsible to repay it. It doesn't matter if you don't graduate or whether you have trouble finding a job after graduation. If you do not make any loan payments for 180 days, and don't make special arrangements with your lender to get a deferment or forbearance, your loans will be in default. Defaulting on a student loan is a really bad thing with some rather long lasting consequences.

Preventing Default

  • Make sure you understand exactly what you're getting into before taking out a loan. Research your options and responsibilities.
  • Make your payments on time.
  • Promptly notify your lender/servicer when any changes occur that may affect the repayment of your loan. Let them know if you move, change your address, change your name, graduate, terminate your studies, transfer to another school, or take a leave of absence.
  • If you are having trouble making payments, talk to your lender. They may be able to suggest some alternate repayment options
  • Research getting a consolidation loan to combine all of your educational loans into one big loan. This will sometimes extend the term of the loan and reduce the size of your monthly payments.
  • If you have financial difficulties that prevent the repayment of your loans, consider applying for a deferment or forbearance on your loans. It is much better to defer your payments than to go into default. Ask your lender about these options while you are still making payments not after you default on your loan. After you default you won't be able to get a deferment or forbearance.

Consequences of Default

If you default on a student loan:

  • Your loans may be turned over to a collection agency.
  • You'll be accountable for the costs associated with collecting your loan, including court costs and attorney fees.
  • Your defaulted loans will appear on your credit record. This tarnish on your credit record will make it difficult for you to obtain an auto loan, mortgage, or credit cards.
  • You can be sued for the entire amount of your loan.
  • You will be ineligible for assistance under most federal benefit programs.
  • You may have your wages garnished.
  • You won't receive any more federal aid until you repay the loan in full or make arrangements to repay what you already owe and make at least six consecutive, on-time, monthly payments. 
  • You may not be able to renew a professional license you hold.
  • Your federal and state income tax refunds may be withheld.
  • You'll be ineligible for deferments.
  • Federal interest benefits will be denied.
  • Not to mention, you still owe the full amount of your loan.

Postponing Repayment

There are two options available for postponing repayment of your student loans. These are deferments and and forbearances. Ask your lender whether you're eligible for a deferment or forbearance before you default the loans. Remember, you aren't eligible for a deferment or forbearance if you default the loan.

Deferments

In a deferment, the lender allows you to postpone repaying the loan's principal for a specific amount of time. In most federal loan programs, you can defer your loans while you're in school at least half-time. In Perkins and Subsidized Stafford Loans, no interest accrues during the deferment period, and the federal government pays the interest. In other loan programs, such as the unsubsidized Stafford loan, the interest still accrues during the deferment period. This increases the amount of the debt, and you will end up paying interest on the interest that accrued.

Deferments are commonly granted for disabled students who are participating in a rehabilitation training program, economic hardship, students who are enrolled in undergraduate or graduate school, and unemployment.

To get a deferment you must submit an application and provide documentation to support your request for a deferment. Do not stop making payments on your student loans until after you are notified that your deferment has been granted or you may end up defaulting your loan.

Forbearances

In a forbearance situation, the lender allows you to postpone or reduce your payments, but the interest charges continue to accrue. The federal government doesn't pay the interest charges on the loan during the forbearance period, you must do so. There are also limits on the length of a forbearance. Forbearances usually last in 12-month intervals for up to three years.

Forbearances are also not granted automatically. You must submit an application and provide documentation to support your request for a forbearance. And keep in mind that forbearances are usually granted only in cases of extreme financial hardship or other unusual circumstances. Also, as with a deferment, don't stop making payments on your student loans until after you are notified that your forbearances have been granted.

Getting Out of Default

To get out of default, you need to make arrangements with your lender/servicer to repay the loan. Once you have made six regular payments, on time, monthly payments,  you will be eligible for additional Title IV aid. After you have made twelve regular payments and applied for and received "rehabilitation", you will no longer be considered in default. At this point, your default will be removed from the reports to credit bureaus.

Federal Guide to Defaulted Student Loans

The US Department of Education Debt Collection Service has an online Guide to Defaulted Student Loans. This should help you repay your defaulted student loans. It has information on every aspect of federal loan default including: loan consolidation, loan cancellation and discharge, and the consequences of default. For more information on repaying a defaulted loan, you can call 1-800-4-FED-AID (1-800-433-3243) or 1-800-621-3115.

 
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