Тёмный

Borrower Defense for Federal Student Loans Explained 

Michael Bovee
Подписаться 24 тыс.
Просмотров 8 тыс.
50% 1

Опубликовано:

 

15 сен 2024

Поделиться:

Ссылка:

Скачать:

Готовим ссылку...

Добавить в:

Мой плейлист
Посмотреть позже
Комментарии : 110   
@blood_sausage9620
@blood_sausage9620 5 лет назад
You guys gave some great info but would it be possible to make an updated video on this topic since there have been some changes which I don't understand.
@francenecostello9915
@francenecostello9915 8 лет назад
Thanks Michael. Appreciate your time.
@mychellemiles6042
@mychellemiles6042 7 лет назад
I have been running into the attitude that when it comes to student loans it is impossible to "get out of them" and I find this is the attitude of a lot of attorneys as well, which is why when it comes to a REAL AND TRUE student loan dispute MOST refuse to even mess with them, unless it's for bankruptcy or credit counseling. My case is a one in a million....and trust me I'm sure many of you think, we'll aren't they all? But really, my situation stems from the Federal Student Aid/US Dept of Ed offsetting my 2015 Federal Tax Refund over a 20 year Federal Consolidated loan from 1996 that not only did I not know existed, but I knew as fact I never did. Easy peasy discharge right? WRONG. Imagine the shock. Imagine wondering HOW such a loan existed and WHY wait 20 years to offset my tax refund. In my 2 year battle with Federal Student Aid, I have come to learn that this lender never existed at all. NEVER. Yet, this lender was also supposed to have paid them directly in 1996 as well....which stems off the back of yet of other accused loans they claimed I did that is also missing EVERY single trace of a lender AND any single trace of my involvement. So HOW can the Federal Student Aid/US Dept of Ed pursue for lender claimed defaulted loans that is missing lenders? Something to this day I am still not understanding. No lender equals no lender claimed default which was the basis of their "settling" with such lenders, without a single legal proof internally or externally of these lender's existence. Funny, all my rightful and true student loans I have done, and paid off, ALL show provable trace of the lender's involvement, ALL show provable trace of my involvement. Yet for these disputed loans within the US Dept of ED/FSA internal loan history....NONE of these lenders/servicers are named in their own internal database system as ever being the holder of these disputed loans, even when such lender was supposed to have paid them directly. Every single direct document of a lender and/or requires a borrowers signature is of course ALL missing. ALL of them. When the lender claims default against a borrower there is a multitude of things the lender must do. They must file a claim form called the Lender Reimbursement Claim form and they must prove a borrower defaulted (due diligence) such as collective pursuit, forbearance/hardship documentation, and a multitude of other required applicable documents. The Lender claim form was completely bypassed on that consolidated loan, and not only was it bypassed, the Federal Guarantor actually notates that the lender never filed a claim. The consolidated promissory note, which I retracted PRIOR to borrowing a dime and before any loan was finalized was signed months in advance, no lender or their terms were even listed on the note and the note directly outlines a contract to be honored called the Repayment Schedule. This contract is of course the contract the lender directly holds and is the contract between lender/borrower. Weeks after my retraction (because they would NOT prove the original debt they accused me of doing that was not even my SSN) a typed sticker was affixed to the note in the lender section. After they failed to prove the original debt was mine, after I retracted I never heard another word from anyone. So imagine my shock 20 years later to find out this consolidated loan existed. Imagine my further shock to discover that this named lender that I never borrowed a dime from only existed by way of a typed sticker at the beginning stuck to a note and a notated bypassed lender claim form at the end. The "servicer" used on this loan wasn't even the lender's true servicer because while the lender is no longer a viable company I was able to obtain their investment portfolio to prove this and for what years. Nothing within those documents matches this missing lender. Not the address, phone number and more importantly not even the lender ID is a match. Not a single direct lender document, not their lender terms, not even a solicitation for this company---who was never their true servicer---to service this loan on their behalf. This servicer was able to service this loan without a single trace of the lender. So, as it stands, the US Dept of Ed has NO internal proof of this lender that was supposed to have paid them directly for the accused underlying loans. The Federal Guarantor they handed it to in 1996 settled this debt and breaking every single procedure and policy when they did so and even their own documentation clearly states that the claim form MUST be submitted for payment. The out of the blue servicer shows signing these documents by the servicer rep on the same date they notate the claim as "filed". 3 entities through this entire loan's existence and NOWHERE does this lender exists and I am now 1000% convinced NEVER existed and in NO WAY could have paid the department. And of course, the Repayment Schedule that outlines the direct promissory note as the contract to be honored, and even the controlling document, not a single one of these 3 entities involved in this loan ever obtained a copy of it. It doesn't exist. Naturally. And how was this ANY of my fault that it doesn't exist? I had absolutely NO control in any of the as to why EVERYTHING is missing when it comes to these lenders DURING THE ACTUAL DEFAULT. Even if a borrower IGNORES a debt, that has NOTHING to do with a lender not being able to still prove they were the HOLDER of your loan (s). So when my 2015 Federal refund was taken, absolutely NO WHERE could the US Dept of Ed look, internally or externally and ever once see a trace of this lender's provable existence. And in ALL my disputing process for 2 long years....never ONCE has any aspect of the US Dept of ED ever addressed these missing lenders directly in any single way whatsoever. As far as the underlying loans, ALSO is no trace I have ever done, NO provable lender to that as well and it is only an ACCUSED ASSUMPTION AND NOT BY ANY DIRECT PROOF I received a dime for those loans as well....with another completely vanished lender. AND YOU WANT TO KNOW WHO CARES? NO ONE! THESE LAWYERS AND LAWMAKERS REALLY NEED TO STOP WITH THE ATTITUDE THAT YOU CANNOT GET OUT OF STUDENT LOANS. MY CASE IS A PERFECT EXAMPLE AS TO WHY SUCH ATTITUDES ALLOWS THE US DEPT OF ED/FEDERAL STUDENT AID TO GET AWAY WITH SUCH MISCONDUCT TO THE POINT I FEEL IS EVEN CRIMINAL...WHICH IS WHAT I'VE BEEN TRYING TO LAUNCH---A CRIMINAL INVESTIGATION OF MY CASE FILE. It is MY firm belief that the ONLY reason why the FSA refuses to discharge this debt is because in order to do so it is an ACKNOWLEDGEMENT that this lender NEVER could have paid them....and that means LOAN FRAUD....and off the back of what I also am insisting was another fraudulent and illegal loans. The OIG USDE Hotline office is silent despite my repeated requests for an investigation into those that handled my case file. The FSA internal fraud department refuses to do a fraud review on those servicer documents that were withheld from me for a year! The FSA Ombudsman's Office refuses to approach FSA with just one single question....where is the legal trace of this lender---a lender that was supposed to have paid you directly. Nope, we can't have an affiliated agency putting FSA into position of acknowledgement. So what's left for me to do but now be forced to pay out God only knows how much in attorney fees to get this garbage discharged. I only have to prove ONE thing, that every one of these promissory notes are VOID...and despite ALL the provable and justifiable reasons as to why they are void and have been this ENTIRE time, every legal aspect of the US Dept of Ed refuses to address this one simple thing. this whole student loan industry is nothing but a travesty with everyone having their hands in the greedy pot of this multi billion dollar industry. Schools ripping off students. Lender's ripping off borrowers to the tunes of billions, and now having to deal with such deplorable misconduct by all offices of the US Dept of Ed? If the Government agrees to guarantor these loans, they should agree to protect our rights and yet mine were crushed every time this case was handled, for a span of 30 long years of loan deception that TO THIS DAY has not a single shred of proof I ever did, not a single shred of proof any lender claimed I defaulted....and not a single shred of proof such lenders ever even existed at all....and YET were settled as lender claimed defaulted loans. Do you know WHY I can make these allegations? Because it's PROVABLE. Two years on and I am STILL trying to pursue accountability and justice for what was done to me.
@blood_sausage9620
@blood_sausage9620 5 лет назад
That's wild bro, got an update?
@marielalinares6898
@marielalinares6898 3 года назад
Has anybody known of any borrower defense approved for Florida Coastal School of Law?
@fionagallagher9974
@fionagallagher9974 2 года назад
Thanks for the dialogue on this topic. What if you can't prove with emails and such that the deceit personally affected you? Are the uploads of brochures, etc... good enough? To say that's why I attended and got into this?
@MichaelBovee
@MichaelBovee 2 года назад
It may be. I would talk your situation over with an experienced student loan consumer law attorney in your state. You can find some using the menus here: www.consumeradvocates.org/findanattorney/
@victorcellijr2497
@victorcellijr2497 6 лет назад
Im.out of Washington and just submitted for borrower. I from ITT tech and graduated 11 years ago. I started 16 years ago. Im calling in the morning and asking more questions. My case definitely a whistleblower case
@MichaelBovee
@MichaelBovee 6 лет назад
Borrower defense is no longer the tool it once was. I would encourage you to talk with and experienced student loan consumer law attorney in your state. You can find some using the drop down menus here: www.consumeradvocates.org/find-an-attorney
@jazminaguilar1295
@jazminaguilar1295 5 лет назад
I graduated from the Art Institute a year ago and just a few days ago they closed ALL the schools abruptly without telling its students. There are a lot of students now discussing DTR and applying blindly without doing research. So we will see in increase in this as we speak. I would like to apply for the borrower defense as I do feel I was mislead. Recruiters came to my high school and after attending I realized a majority of our "qualified" instructors didn't know the subjects they were teaching. One even flat our said it in class. We were also promised industry equipment and software but that fell through as well. Not to mention financial Aid lost my paperwork and faculty would quit and class registration paperwork would be forgotten or lost. There is much more I can get into about The Art Institute of Hollywood. Fortunately I am working in my field of study and being paid decently but it was not at all thanks to the school. If anything it literally did hold me back from certain great opportunities and being there were the worst four years of my life. I'm willing to pay for professional help to see if I'm eligible
@MichaelBovee
@MichaelBovee 5 лет назад
You may want to talk with an experienced consumer law attorney that helps with student loan issues in your state. Jeremy Golden at www.goldencardona.com is one of the smarter guys in California with this stuff that I know. And he helps people no matter the distance in CA.
@clowncollege1234
@clowncollege1234 5 лет назад
I went to Kaplan online for a year or so 7 years ago. I remember being told that they were accredited and credits transferable. I withdrew from the program (bachelor's of social work) and when I went to try and attend a local school I discovered the majority of my credits were not able to be transfered. Would this be enough apply with? In fact when I told my local college what degree I was working toward, they looked at me like I was crazy.
@MichaelBovee
@MichaelBovee 5 лет назад
I would talk to an consumer law attorney in your state with a practice that focuses on student loan issues. It is worth looking into further.
@Countess559
@Countess559 5 лет назад
I just graduated from UEI College as a Medical Biller and Insurance Coder, and I've been applying for work since last month. I'm constantly being told that I don't have enough experience to work in this field and I also need to be "certified" as well. Well I wasn't told any of that information when the recruiter took me in. He told me that, I was able to get an entry level position in this field, basically no experience necessary, wasn't told about no additional licenses to take, and that I can earn up to about $20 dollars an hour. All false, except for that pay, BUT only if you have the experience and license of course. I felt like I was lied to and misleaded, it's very depressing.
@MichaelBovee
@MichaelBovee 5 лет назад
How much are your student loans?
@pyroboy4206
@pyroboy4206 8 лет назад
I am a former ITT Tech student. The high tuition cost was rationalized with their continuing education promise. As it was explained that any student could come back at any point in the future and receive career and resume services as well as retake any course in their degree program as long as they gave notice. Any new classes added to the degree program would be eligible to be taken for free in the future. Now onto the fact that they cannot possibly make good on this promise.. For any Itt tech student.. It seems that might be something to make note of when trying to apply for borrowers defense, do you agree? In that case they kind of screwed all alumni from further education. I am sure this has been brought up to you before. You seem to be ahead of this programs curve, so I thought I'd ask.
@MichaelBovee
@MichaelBovee 8 лет назад
I would not focus on any of the value add stuff (alumni access). I would focus on whether ITT used any false, misleading, or deceptive claims or practices. You need to bring a claim that is ultimately supported by your state law.
@dennisweber2494
@dennisweber2494 8 лет назад
Michael Bovee great video! I was also thinking about Justin's aspect on ITT. But if we do believe we were misled and deceived by ITT's tactics used to get students to enroll, how can we find out if our claims are supported by state law?
@chavez0321
@chavez0321 8 лет назад
Add on: I also went to DeVry because they said they where the best and everything that the Federal Trade Commission sued them for I remember I used to decide to Go to DeVry. For example 90% of graduates get hired in their fields after graduation and Devry students get paid more than any other people with similar degrees. Lastly, I thought i was going for a bachelors in Security management Degree but ended up with a Bachelor in technical management. I felt like they did a bait and switch on me.
@mmagearworks
@mmagearworks 4 года назад
Mine has taken 4 years and was just denied. I am fighting it since I still believe that I have a case. I am basing mine on actual case law where my schools loans have been thrown out. We will see.
@burnsey23
@burnsey23 7 лет назад
Can you help point me to Tennessee state law regarding BDR? I would like to read up on TN law regarding this before taking any possible action. Thanks for posting this video!
@MichaelBovee
@MichaelBovee 7 лет назад
You are basically looking at UDAP laws in each state. These are laws that govern Unfair and Deceptive Acts and Practices.
@wendyguerrero6540
@wendyguerrero6540 7 лет назад
Thank you for your video. I've been dealing with over 150K worth of student loans both federal and private for a school which has now closed its doors (Brooks Institute of Photography), and who also used deceptive methods in recruiting students. What type of attorney can I reach out to help me expedite my claim?
@MichaelBovee
@MichaelBovee 7 лет назад
I would suggest looking for an attorney with student loan experience here: www.consumeradvocates.org/for-consumers
@allyssaphone
@allyssaphone 6 лет назад
I went to The Art Institute International of Minnesota... I'm researching into this Borrower Defense and don't want to screw up my one shot. Has anything changed in the last 2 years? I'm trying to find an expert but I'm not sure where to look. Any ideas? Thank you for the video. This did help.
@MichaelBovee
@MichaelBovee 6 лет назад
You can still apply. The new administration appears to be prorating the relief available from borrower defense. There are no real hard numbers yet for how that is being applied, just the framework. Stay tuned, or subscribe. When there are fact based assumptions to make I will post here and likely do another video too.
@michaelsyMD
@michaelsyMD 5 лет назад
If, for whatever reason, my borrower's defense application is denied or dismissed - is there still a chance to appeal or am I done for good?
@tragik7542
@tragik7542 5 лет назад
Michael Sy chance of appeal
@chavez0321
@chavez0321 8 лет назад
Question: I used the Post 9/11 GIBill to go to DeVry university between 2012-2014. I could not start classes unless I paid upfront for the classes, the loan adviser advised me that because I am a transfer student that I qualified for grants to cover the tuition until the post 9/11 Gibill kicked in because the post 9/11 Gibill does not disburse money until I was actively in class and going to school. Once the money was disbursed to DeVry, DeVry refunded me money. Every time I started a new class it was the same thing the adviser said I was covered by grants then I would get refunded money because when the post 9/11 Gibill money went through Devry and said I had extra money in my student account. After my last class before graduating I did not get that last refund because I used up all of my post 9/11 Gibill so I did some investigation and i found out I was $36,000 in debt with student loans I did not know I had. Do you think I qualify for Borrower Defense to Repayment?
@MichaelBovee
@MichaelBovee 8 лет назад
From the sound of it, you could be a great fit to apply for borrower defense to repayment. Have you made any loan payments to date? What state are you in? If you would like to talk over more of your details you can reach me at 800-939-8357, choose option 2 to ring to me. I want to dig a little deeper into the types of claims that were made by DeVry.
@chavez0321
@chavez0321 8 лет назад
+Michael Bovee +Michael Bovee I been paying my loan sense mid 2015, 6 months after I graduated on Dec 2014, also I consolidated all my loans through federal loan consolidation so I would only pay one loan. I am currently up to date with my loans. I live in Las Vegas Nevada. Here is the link I am referring to. www.ftc.gov/news-events/press-releases/2016/01/ftc-brings-enforcement-action-against-devry-university
@nicoles.9487
@nicoles.9487 8 лет назад
What would be the correct state law in New York to cite in section 4? The school didn't send back portions of the loan after I withdrew from the class within two weeks, and got charged over $9,000?
@MichaelBovee
@MichaelBovee 8 лет назад
Fill in the talk to Michael form in the right column and ask for student loan attorney help in New York. I will send you an email with contact details to a dozen or so resources: consumerrecoverynetwork.com/question/sallie-mae-interest-student-loan-debt-growing-collection-job-loss/
@JamalAkberMLO
@JamalAkberMLO 7 лет назад
how does this devry vs FTC settlement effect defense for students. does this proves devry guilt automatically or as a student you still have to provide the proof?
@MichaelBovee
@MichaelBovee 7 лет назад
Unless there is broad relief spelled out in a settlement, you would be filing a borrower defense claim independently. And when filing your borrower defense you have to raise state law claims. There is now some doubt about how future defense claims will succeed with changes being made.
@thewonderfullifeofbrianweb7811
@thewonderfullifeofbrianweb7811 4 года назад
Hey thanks for the video. I have 18,000 in debt from attending Kaplan College in Florida . Kaplan was proven in court of defrauding 4 billion in government funds/loans. I’m currently trying to fill out my application for Borrower’s defense to loan repayment. My main argument is the misleading of the accreditation with the school credits. Anything recommendations on how to get my point across and optimize my opportunity for loan forgiveness?
@MichaelBovee
@MichaelBovee 4 года назад
You mainly want to focus on anything and everything that would be a viable state law claim.
@thewonderfullifeofbrianweb7811
@thewonderfullifeofbrianweb7811 4 года назад
Michael Bovee how do I find out what that is?
@MichaelBovee
@MichaelBovee 4 года назад
I would talk to an experienced student debt consumer law attorney in your state. You can find some through the National Association of Consumer Advocates.
@KatenKotsu
@KatenKotsu 5 лет назад
My case is a bit of an oddball one. I was homeschooled, and by the homeschool laws in the state I lived in, I dont have a GED and I never graduated/have a high school diploma. The FSA handbook states if their admission requirements is a diploma that they have to obtain a copy. The CFR also states that in order to get Title IV funds that I need one of the two. The college I went to never gave me an ATB test, nor received a copy of my high school diploma (which is nonexistent), my guess is that they lied which allowed me to get student loans that I shouldnt have been able to be granted. Do you think I have a case for Borrowers Defense?
@MichaelBovee
@MichaelBovee 5 лет назад
I think you have a case, but run this by an experienced consumer law attorney that works on student loan issues regularly, They are hard to find. What state are you in?
@KatenKotsu
@KatenKotsu 5 лет назад
@@MichaelBovee Pennsylvania.
@MichaelBovee
@MichaelBovee 5 лет назад
Greg Artim and Clay Morrow are in PA and really good with things like this. Call and talk to one of them. If they are not nearby enough, ask if they know someone experienced who is.
@nizhoni1616
@nizhoni1616 5 лет назад
HI! Quick question, I've heard that "creditors can't attempt to collect a debt" while a debtor is going through the bankruptcy process. Would this apply to student loans, also? What about federal student loans, not just private? Thanks!
@MichaelBovee
@MichaelBovee 5 лет назад
Talk to your bankruptcy attorney, but bankruptcy can cause a stay on virtually all collections, no matter the debt type.
@nizhoni1616
@nizhoni1616 5 лет назад
@@MichaelBovee Good to know, thank you!
@islandgirlresells
@islandgirlresells 5 лет назад
Are colleges allow to force loans on students that they are aware have learning and hearing disabilities in Hawaii? Please advise.
@MichaelBovee
@MichaelBovee 4 года назад
I would talk to an experienced debt collection consumer law attorney in your state about this.
@dj1394
@dj1394 6 лет назад
I attended Med Vance in Houston , Texas in 2009. When I talked to the recruiter, she told me I qualify for a government grant that paid 80% of my loan and I pay 20% over the 18 months that I attended. Needless to say my tuition was $35k and I got screwed. Now the school is closed or was brought out. Will this defense help me
@MichaelBovee
@MichaelBovee 6 лет назад
It is worth a try. Are your loans current or in default?
@dj1394
@dj1394 6 лет назад
Michael Bovee yes, they're in default. I'm currently in chapter 13 bankruptcy also
@MichaelBovee
@MichaelBovee 6 лет назад
Talk to your attorney about this before you do anything.
@soulflypw
@soulflypw 5 лет назад
I am dealing with this right now and talking to a company called Allied Financial Services, via a link from National Claim filing. They require five payments of $199.80 to settle, and have said they have been in business for 10 years, are accredited throught the BBB and are legit. My question is, is it? And are they?
@MichaelBovee
@MichaelBovee 5 лет назад
Who are they settling with?
@soulflypw
@soulflypw 5 лет назад
Perhaps I chose the wrong verbiage. They are basically going through all the necessary steps for me to get this discharge for my University of Phoenix loans. The charge is the five payments.
@MichaelBovee
@MichaelBovee 5 лет назад
I am skeptical. You can apply for borrower defense yourself. What claims are they making in order to qualify you for borrower defense?
@soulflypw
@soulflypw 5 лет назад
@@MichaelBovee They are not guaranteeing or claiming that they can wipe this out. But they are saying they have a high success rate, have already started an interview process with me, and are basically saying they're providing a conduit for me to file this in totality in the correct fashion. I've attached the initial site that started the rabbit hole. By the way, thank you for your prompt replies, and any further information you may be able to provide. I'm really just at a crossroads. nationalclaimfiling.com/uop-defense-to-repayment/
@MichaelBovee
@MichaelBovee 5 лет назад
Borrower defense requires you make what amounts to state law claims that will be considered in whether you qualify or not. What are those claims being made?
@2100wiggins
@2100wiggins 6 лет назад
If I consildate my student loans can I still fight for loan forgiveness from itt tech even though I graduate and was not enrolled when they closed down
@MichaelBovee
@MichaelBovee 6 лет назад
I am not sure I would want to be making payment when going for closed school loan forgiveness or borrower defense. But then again, none of those program resemble what they did prior to the current administration, so I am not sure what results can be expected.
@chrisbrinson7936
@chrisbrinson7936 7 лет назад
I attended Itt tech online in Connecticut but moved to South Carolina what state laws would I file a claim under Connecticut or South Carolina?
@MichaelBovee
@MichaelBovee 7 лет назад
Talk to an experienced consumer law attorney with debt collection defense experience, but for my part, I would file in the state I reside.
@wendyw1943
@wendyw1943 6 лет назад
I graduated from the Art Institute of York, PA in 2009. They have since been sued and closed their doors. I am drowning in student loan debt and was given misleading information about salaries and job markets prior to enrolling. I just found out that I potentially am eligible for the Borrower's Defense Program but I need help to fill out the paperwork properly so that I can be approved. I almost paid out $1400 in a scam to receive this help and luckily got out of that (I think). I am strapped and don't have money for an attorney. Please advise me. Thank you.
@MichaelBovee
@MichaelBovee 6 лет назад
Here is an outline from the DOE on what to include in a borrower defense claim: studentaid.ed.gov/sa/about/announcements/corinthian#fraud-violations-state-law The borrower defense program outline by the DOE appears to be at a standstill right now though.
@wendyw1943
@wendyw1943 6 лет назад
Thank you very much. Where can I find status updates of the program such as the standstill?
@MichaelBovee
@MichaelBovee 6 лет назад
There are no regular reports coming out from the DOE like before. A friend of mine puts out new information on borrower defense more than any other resource I know of. Check out getoutofdebt.org.
@MichaelBovee
@MichaelBovee 6 лет назад
Here is a recent update that speaks to borrower defense, and the uphill battle in front of people seeking relief through that channel: pubcit.typepad.com/clpblog/2017/11/dept-of-education-begins-to-walk-back-rules-protecting-students-from-fraud.html
@wendyw1943
@wendyw1943 6 лет назад
Thank you
@transamlover50259
@transamlover50259 8 лет назад
I graduated from Wyotech, (Corinthian Colleges) in 2008 and I've been following along with borrowers defense for the past couple of years. The class that I attended was added to a massive list of classes that are apparently eligible for borrower's defense on an expedited level, however that list is for attendance from 2010-2014. The list is available on the Department of Education website. I'm not sure if I should wait a bit longer and see if the class I took is added to the list or if I should just go for it... Any advice would be fantastic.
@MichaelBovee
@MichaelBovee 8 лет назад
Are you paying on the loans now? If it were me I would submit for borrower defense now. If I was already not paying it won't change anything meaningful. If I was current with the loans I am submitting, but doing so about loans that are highly likely to qualify, I would want to stop the bleeding. If you are paying, and concerned about the fact that interest will continue to be added to the loans until you are accepted for borrower defense, I would set that money aside just in case.
@transamlover50259
@transamlover50259 8 лет назад
Thank you for the reply, I am currently paying and am current on the loan. It's a parent plus loan in my mother's name... it is my understanding that it could still be eligible for Borrower's Defense. My big concern is that it would get denied and that I might lose any ability to apply for borrower's defense again should my claim be denied. The situation with Corinthian is still evolving and currently there doesn't seem to be that much of a guarantee that debt for the classes I took on the dates I attended would be forgiven.
@MichaelBovee
@MichaelBovee 8 лет назад
I understand your concerns. While I cannot think of a reason you would apply now, and get a different outcome than if you apply next year, I then think about an ITT tech borrower defense claim filed, say last October, and how different that would look today (after ITT shut down this week).
@DevD750
@DevD750 7 лет назад
Michael Bovee hello sir. I went to itt tech. Graduated in 2012 and the school has shut down due to the fraudulent and deceptive practices. What is my 1st step with this process to get this ball rolling to get my debt relieved it is so unfair.
@MichaelBovee
@MichaelBovee 7 лет назад
If you believe you would qualify for loan cancellation through the borrower defense option, submit your claim following the guidelines outlined here: borrowerdischarge.ed.gov/FormWizard/BDU/BDULanding.aspx
@shawoo
@shawoo 7 лет назад
This for federal or would private loans apply?
@MichaelBovee
@MichaelBovee 7 лет назад
This would be for loans made through federal programs. If there are private loans that you feel had elements of false, misleading, or deceptive, can you describe that?
@taniatov8529
@taniatov8529 7 лет назад
Michael, I went to the Art Institute of Salt Lake City. They closed the school before I could finish by degree (i had 2 classes left) now I am 94,000 in debt with nothing to show, nor could I transfer my credits to another school. I have been paying my federal loans for the past 4 years now but the private loans keep harassing me. They tell me to go on their income based program, but I keep hearing about this borrower defense program in a group I am a part of for the AI. What do you recommend?
@MichaelBovee
@MichaelBovee 7 лет назад
If you are not paying now and/or are unable to keep up payments, I would apply for borrower defense. This is partly due to the school brand, but be sure you are submitting legitimate claims that would meet your states unfair or deceptive practices act.
@adrianaalcala9693
@adrianaalcala9693 7 лет назад
Apply for borrower defense to repayment. Thats what i did and still waiting instead of losing money on interest.
@ginalove8898
@ginalove8898 5 лет назад
I attended Everest college Phoenix Corinthian college In AZ from 2011-2012 which is now shut down. will I be eligible for the Borrower’s defense? I have found the application but have not filled it out yet. I am currently current on my loans more than half paid off. But to me Everest did not keep their word on their end. Job placement etc..i received the genesis loan. Especially after the lawsuit against Corinthian colleges I’ve been considering the borrows defense. Ive been trying to research on how to go about it the correct way. Currently I am an unemployed stay at home mother for the past year.
@MichaelBovee
@MichaelBovee 5 лет назад
The outline to submit for borrower defense is available through the DOE. If it were me, and the payment is creating a hardship, I would like submit for borrower defense given the school closure. If not, I might wait a bit to see if the current administration thaws out the ones they have already been submitted and then consider it.
@ginalove8898
@ginalove8898 5 лет назад
Michael Bovee thank you for responding. Once I submit the application do they automatically put the loan on forbearance? That’s what I don’t want. Or can I submit and still make payments on it? I’m confused about that part. Also will they give back any amount you have paid the application is approved? Thanks
@MichaelBovee
@MichaelBovee 5 лет назад
They do put it in forbearance. There are provisions in borrower defense for those refunds to be made in certain circumstances.
@llb2233
@llb2233 5 лет назад
My husband has a federal student loan from a cosmetology school. At the time he did not have a High School diploma or GED and they still enrolled him. The school is now closed due to 11 counts of embezzlement of federal funds and falsifying student information he was definitely taken advantage of. Would he qualify for discharge?
@MichaelBovee
@MichaelBovee 5 лет назад
It is certainly worth looking into!
@llb2233
@llb2233 5 лет назад
@@MichaelBovee Do you think it would be best to go the borrower defense route or false certification (atb) as he was never given a test to measure ability to benefit either.
@MichaelBovee
@MichaelBovee 5 лет назад
I am not versed on measured ability, so could not say, but closed school and borrower defense could make sense. Did he ever get licensed and work in the field?
@llb2233
@llb2233 5 лет назад
@@MichaelBovee Yes he did obtain a license and was promised job placement but it never manifested.
@MichaelBovee
@MichaelBovee 5 лет назад
I would likely go for borrower defense if it were me.
@lorigrundman5939
@lorigrundman5939 6 лет назад
Hi, I heard that you could have your student loans discharged if you are placed on permanent and debilitating disability. Is this accurate? And if so, what steps should I take to achieve this? Thanks for your time.
@MichaelBovee
@MichaelBovee 6 лет назад
Are you talking about federal or private loans? Are you willing to file chapter 7 bankruptcy?
@lorigrundman5939
@lorigrundman5939 6 лет назад
They are federal and bankruptcy is something I could consider. As an aside, I went to StudentLoan.org to determine if they were federal or private. Imagine my shock to find that I had 2 loans worth $22,000 added 16 months AFTER I graduated from college. Whoa! Houston we have a problem. I plan to send a certified letter requesting validation of the charges. I'll also send a certified letter to the bureaus indicating that I am disputing the debts. Is there anything else you would recommend? Thanks so much for your help.
@MichaelBovee
@MichaelBovee 6 лет назад
You can follow this resource to get federal student loans through the permanent disability discharge process: studentaid.ed.gov/sa/repay-loans/forgiveness-cancellation/disability-discharge
@soulmappingdaniellerodenro6288
I went to Le Cordon Bleu Orlando and I have Stafford loans ( I think are federal). My circumstances indicate I should do Borrowers defense. Do you offer assistance with Borrower Defense?
@MichaelBovee
@MichaelBovee 5 лет назад
You may not need professional assistance with borrower defense. But the premise is that your claim meets a state law claim, so it may be a good idea to talk with a skilled consumer law attorney in your state, and one with some student loan aspects to their practice.
@soulmappingdaniellerodenro6288
@@MichaelBovee Thank you so much!! I will look into that!
@overstandtv4583
@overstandtv4583 7 лет назад
hey Michael I just found out about the borrower defense program and I'm not confident in filling it out my self I want to make sure its done right could u give me any advice or recommendation on how do I go about finding an professional to fill out the form for me
@MichaelBovee
@MichaelBovee 7 лет назад
Ideally I would suggest that you work with an in state attorney with UDAP experience. The state law claims that the Borrower Defense program is generally looking for can be boiled down to Unfair Deceptive Acts and Practices. Not all attorneys have that experience, and far far less still, will have any knowledge of student loan borrower defense claims. I can post some that have the a better shot at knowing your needs if you like? What state are you in?
@overstandtv4583
@overstandtv4583 7 лет назад
I'm in eastern Michigan I would greatly appreciate it itt has literally ruined my life
@MichaelBovee
@MichaelBovee 7 лет назад
Contact Ian Lyngklip. If he does not cover student loan issues directly, ask him for a referral to someone in Michigan who does. He is an awesome advocate for consumer issued in Michigan and nationwide.
@exoticgabriela8009
@exoticgabriela8009 4 года назад
Michael Bovee I took out a loan years ago in nyc and now I presently live in Florida and was denied for borrowers defense after waiting for 2 yes this (I went to university of Phoenix online, terrible deceptive) could u point me to an attorney in my area?
@haveasalad1000
@haveasalad1000 8 лет назад
Hey Michael, I graduated the Art Institute of Pittsburgh in 2006, and have been paying on my Federal loans for the last 7ish years. When I graduated I had around $32,000 in Federal loans, it's now $74,000. I do have a job in a similar field I graduated in but don't make nearly enough to pay them down. They said the placement rate was 86% when in reality it's much lower. I know that's not a ton of information to go on but do you think I should apply to the Borrower Defense for Federal Student loans? If so what would you recommend I do as a first step?
@MichaelBovee
@MichaelBovee 8 лет назад
A significant chunk of the early borrower defense claims were related to Art Institute schools. I have not seen outcomes on them, and would be inclined to wait a while to see those outcomes, if it were me, unless I had literature that clearly supported a claim based on false earning and placement claims. If a larger pattern evolves with Art Institute campuses, and I believe that is likely based on the claim submissions pattern so far, I would act on it. Are your loan payments creating a hardship? Are you on an IBR plan?
@haveasalad1000
@haveasalad1000 8 лет назад
Yes, my student loans are drowning me financially although I'm making it work. I'm on a new plan for my federal loans but it's a version of the IBR. I tried contacting a few lawyers so far, although it's only been 1 day but I've been turned down by 3 of them. The biggest problem with student debt in my opinion is people just don't know what to do or who to talk to which leads to people being passive and never doing anything about it so thanks a lot for helping people!
@MichaelBovee
@MichaelBovee 8 лет назад
If you enter a borrower defense claim your loan payments stop, but continue to grow with interest. That brings relief until the outcome of your claim is decided. If it does not go your way, you lose time on the IBR loan forgiveness clock too. Things to think about.
@bluewater2115
@bluewater2115 6 лет назад
Thank you, great video. In debt 150k federal loans, Navient, from Art Center College of Design, Pasadena, California. The school said they would provide job assistance, but did nothing at all. I’ll have to research more to know if I can prove unfair or deceptive practices. It was 20 years ago. I live in Hawaii now. Can you recommend attorney either in ca or hi. And also just an expert to help direct me any other direction to pursue. I do have health challenges but not legally disabled. Been out on fmla on off for years. I have a chronic illness. Fiancé can’t marry me with this debt. So where to start...He would be willing to settle up to 50k. Any and all advise helpful. Thanks
@MichaelBovee
@MichaelBovee 6 лет назад
You cannot settle federal loans. I would connect with Jeremy Golden, consumer law attorney in San Diego, about your options. Borrower Defense is not what it was intended with the current administration. There are recent signs that a portion of the debt can be forgiven in borrower defense though, so still worth the effort if you can make a state law claim.
Далее
What to Say, and Not Say, to a Debt Collector
13:55
Просмотров 145 тыс.
How loan officers TRICK YOU (and how to prevent it)
11:34
Busting Myths: "NEVER Pay a Debt Collector"
12:43
Просмотров 255 тыс.
Secret Ways To Get Student Loan Forgiveness
5:13
Просмотров 59 тыс.
The #1 KEY to Successful Debt Settlement
6:27
Просмотров 1,4 тыс.
Tips to Avoid Most Debt Collection Calls
6:46
Просмотров 1,2 тыс.
Executive Level Interviews: 12 Steps to Win the Job
20:34