Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Private Student Loans May Prove Too Risky for Students

When we think of student loans, we often think of federal loans offered by the government. However, private student loans are another type of loan that students should be wary of. Private loans, which have been termed as the “Wild West” of student borrowing, represent a potentially dangerous trap for consumers. These make up a significant yet often overlooked part of the nation’s $1.2 trillion of student loan debt. Approximately $150 billion of U.S. student debt comes in the form of private loans, which can be issued by banks and directly from schools.

According to a recent investigation by the Miami Herald, many students attending for-profit colleges claimed to have been lied to and lured into enrolling in their school’s loan program. Interestingly, many for-profit colleges were reported to have extremely high private loan default rates. Recently, the U.S. Secretary of Education unveiled the outline for a massive student loan forgiveness plan. The option will focus on the long-overlooked provision of federal law that allows borrowers to seek a clean slate if their school is guilty of misconduct.

According to financial aid experts, private loans should be utilized only as a last resort. Unlike federal student loans, private student loans:

  • Often demand their own separate monthly payments;
  • Have far less flexible repayment options;
  • Have extremely high interest rates;
  • Are NOT eligible for loan forgiveness programs;
  • Will NOT not be included in the newly introduced option, which allows relief from student loan debt if a student is defrauded by their college.

A predatory-lending lawsuit has been filed by the federal Consumer Financial Protection Bureau (CFPB), against ITT Technical Institute. Some of their private loans had interest rates as high as 16.25 percent, with an origination fee as high as 10 percent. While the college disputes the CFPB’s allegations of fraud, the U.S Securities and Exchange Commission sued ITT’s top executives last month. Allegedly, ITT tried to hide its high rate of private loan defaults from auditors and investors.

The American Student Financial Group (ASFG), which has helped administer Dade Medical College’s private loans, is also facing a lawsuit. Dade Medical College of Coral Gables had more than 2/3 of their students with private loans in default. One student was instructed to drop her monthly payments at the campus, only to later receive a “delinquent” letter from ASFG, stating that she was more than six months behind on her payments.

Students taking out private loans often do not realize that these are far riskier than federal loans. A report by the Consumer Financial Protection Bureau found that many borrowers who took out private loans had not maxed out on federal loans, which should always come first before private loans are even considered. Even though for-profit school default rates are nearly twice as high at non-profit schools, students still take out private loans. Some for-profit students complained that they were even pressured into taking out private loans they did not want.

Many colleges have convinced students to accept a “forbearance,” where the student temporarily postpones any payments, the past due balance is added to the loan principal, and the account is made current. Unfortunately, forbearance is a short-term solution that does not solve the larger issue of students who cannot afford to pay back their loans. It also increases the student’s total amount of debt because of accruing interest.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:

http://www.miamiherald.com/news/local/education/article25678696.html

 

Student Loans, Timothy Kingcade Posts

Don’t Let Student Loan Debt Affect Your Retirement Plans

Most Americans today are not saving enough for retirement and many are bringing burdensome student loan debt with them into their golden years. Your retirement should be a time of relaxation and time well-spent with your grandchildren.  Understanding the risks associated with bringing student loan debt into retirement can help you avoid making the common mistakes many retirees have already made.

In a recent study by LIMRA Secure Retirement Institute, retirees are incurring unprecedented levels of student loan debt. The research revealed that 26 years ago, student loan debt among retirees was less than 1%. As of 2013, the figure has risen to a total of 15% and the average amount is more than $2,300. This new data suggests that parents and grandparents are taking out loans and co-signing for their children and grandchildren’s college and graduate school education.

Retirees with very high levels of student loan debt are at risk of having their Social Security payments garnished, if they default on federal student loans.  The best defense against student loans is to refrain from taking out more than needed.  Research all of your options, such as federal aid, scholarships, grants and work-study income before taking out a loan for your child or grandchild. Do not be tempted to pay off student loans with saved money from your 401(k) or IRA. These important funds are for when you retire and you will be penalized for taking money out early.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source: http://www.cbsnews.com/news/retirement-plans-increasingly-hampered-by-student-loan-debt/

Bankruptcy Law, Student Loans, Timothy Kingcade Posts

How Long can Student Loans Harm Your Credit?

Many borrowers are concerned with the repercussions of missing student loan payments. Oftentimes, it is hard to say how long it may affect one’s credit because each loan program tends to operate differently from the next. Those with past due private student loans can expect the debt to appear as a typical negative mark on their credit score, eventually clearing from the credit report after seven years. The majority of federal student loans will also drop off after seven years as well.

The Perkins loan is a type of student loan—the only of its kind—that remains on your credit report until is completely paid off, regardless of the number of years. The Higher Education Act’s provision allows the Perkins loan to affect your credit differently than other types of loans. Colleges distribute the Perkins loan on an “as-needed” basis and the interest is deferred while the student is actively attending school.

It is required that all federal loans are reported to the three major credit reporting agencies but often this information is given voluntarily. The Department of Education, Guaranty agencies, federal student lenders and the Department of Education are also required to provide information pertaining to extended loans, remaining balances, and loan delinquency dates if the loan is past due or in default. While defaults and delinquencies are reported for seven years, this can happen multiple times, resulting in new negative marks that remain for seven years after each occurrence. Lenders are not required to report loans that have been paid on time, therefore positive payment histories will not likely be reported regularly.

There are solutions to help you protect your credit moving forward. If you are behind on your student loan payments, initiate a catch up plan. This can include repayment options such as an income-based repayment plan. Continuing to make on-time payments will reflect positively on your credit score and protect more damaging marks from arising due to missed payments. Often this results in the removal of default notations on your credit report. Certain lenders may cease reporting late payments if this is done.

For borrowers with multiple student loans, consolidation is a smart idea for simplified repayments. Consolidation does not alter the original late payment date of the loans, but consistent payments will help generate positive activity on your report, which will in time make the negative information have less of an impact. Additional ways to rebuild your credit report with positive information is to make sure you pay your credit cards on time and keep the balance low in relation to the credit limit, preferably less than 30%.

Every year you are entitled to a free credit report, directly from each of the three major credit reporting agencies. Make sure the information on your report matches your activity. If it does not, you can dispute it to have it possibly removed.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Sources:
http://www.usatoday.com/story/money/personalfinance/2015/04/05/credit-dotcom-student-loan-credit/70729620/