Student Loan Settlement


Although the federal student loan freeze under the CARES Act has been extended until May 1, 2022 many borrowers will still have difficulty resuming payments despite this extra time

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According to the Federal Reserve, 18% of student loan borrowers had fallen behind in their payments prior to the federal loan freeze.

The Student Debt Crisis Center (SDCC), in a survey before the extension was announced, found that nearly half of full-employed student loan borrowers said they wouldn’t be financially secure enough for them to start paying again.

What is a student loan settlement and when can it happen?

You negotiate a settlement for student loans with your lender. This will allow you to pay your loan a lump sum that is less than your current owes in order to repay your outstanding loans, including interest and late fees.

If your lender agrees, your loan will be marked as paid off once you have made the payment. You no longer need to pay any interest towards your debt.

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Betsy Mayotte is the president and founder of The Institute of Student Loan Advisors. While student loan settlements sound attractive, she cautions borrowers. She says that most borrowers should expect to repay their loans in full, as they have agreed to when they signed the promissory notes. “Essentially, the only reason a lender may have to settle is if litigation proves more costly than an actual settlement.

Federal Student Loan Settlements

Federal student loan settlements fall into one of two categories: discretionary or standard. Your terms will depend on the type of settlement that you are eligible for.

There are many options for settlement:

  • Principal + Interest: Only your collection costs and fees will be waived with this settlement.
  • Principal plus 50% interest: This settlement is available to anyone who meets the eligibility requirements. The collection costs and fees are waived and you will only be responsible for 50% of the interest accrued.
  • 90% (Principal + interest): This settlement term allows you to pay 90% of the principal and total interest amount. All collection costs are waived.
  • Discretionary: This is a settlement that you are unable to afford due to exceptional financial circumstances. Your loan servicer will need to submit the discretionary settlement request to the Department of Education to get approval.

Private Student Loan Settlements

Private loans can be issued by online and bank lenders, not the government. They don’t have the same regulations as federal loans.

Minsky says that federal regulations and guidelines govern student loan settlements. These regulations place restrictions and limits on these settlements. Although private student loans are generally more flexible, this can vary depending on the lender.

How to Negotiate Student Loans

You have two options: you can negotiate directly with your lender or work with a debt counselor to help you negotiate.

Mayotte states that borrowers should consult an attorney who specializes in student loans in the event of bankruptcy or other significant disputes, or if the loan is likely to be beyond the statutes of limitations for collection.

These steps will help you start the process of settling your debts after consulting with a tax professional, a tax advisor, or a lawyer.

Gather Evidence: Lenders and loan servicers will often ask you for proof that you are unable to repay the amount owed. Documentation of financial hardships such as pay stubs and tax returns from the most recent year or proof of continuing expenses, such medical or childcare costs, will be required.

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You can save money by paying a lump sum of cash to settle your debt. You may need to pay a large sum of cash. Federal loans, for example, might not waive collection costs. However, you will have to pay all principal and interest.

Check out the typical settlement procedures: It’s a smart idea to do some research before you start negotiations. Federal loans, for example, have very strict guidelines regarding acceptable settlements. Before you talk to your lender, you should ensure that you are comfortable with these terms. Mayotte says that every case is unique. Private loans can be obtained at 50 cents per dollar, but some borrowers are able to pay less.

Contact the loan holder: Get in touch with your loan holder. Sometimes, this may be your lender or loan servicing company. Your account could have been sold to collection agencies if you defaulted. In this case, you will need to negotiate with them. Tell the agency about your situation and offer to settle the loan by making a lump-sum payment.

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The Agreement in Writing After you have made the payment to settle your loans, you will receive written confirmation that the loan has been paid You are no longer required to pay.