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Getting Student Loans Out of Default: Here’s How to do it Quickly

July 16, 2019

Looking for help with student loan default? Let me guess, you thought your loans were in a repayment plan or a deferment and it wasn’t until your tax refund was taken or you got a notice of wage garnishment that you learned you were in default.

No worries.

In this post, I’ll cover:

Options for Federal Student Loans

You have four options for getting out of default:

  1. Loan rehabilitation
  2. Loan Consolidation
  3. Payment in full
  4. Settlement/Compromise

In some cases, there’s also a fifth option: chapter 13 bankruptcy.

Filing bankruptcy to get your education loan out of default should be an option only if you’ve defaulted for a second time and can’t get out of default any other way. Speak with a bankruptcy attorney where you live for help.

Before you get too excited about the fourth option, settlement, hold your horses.

Yes, you can settle federal student loans, but the settlements aren’t great.

For those of you with high student loan debt, settlement likely isn’t an option; you’ll need a significant lump sum (90% of the balance less collection costs) in a short period of time (30 to days.)

Related:

How to Find Your Student Loan After Defaulting

Once you default, the U.S. Department of Education or loan guaranty agency sends your loan to a collection agency.

Related: Complete Guide to Loan Rehabilitation Income and Expense Form

For most loan borrowers, the easiest way to find who has your loan to start the rehabilitation process is to contact the Default Resolution Group at 800-621-3115. They’ll give you the contact information for the debt collector your account has been sent to for processing.

A word about FFEL and Perkins Loans

If you check NSLDS and see you have FFEL or Perkins Loans, finding out which debt collection agency has your loans is a little more complicated. You’ll need to call the loan servicer, guaranty agency, or your school to get that information.

Comparing Consolidation vs Rehabilitation

Let’s start with how the two are different.

Consolidation will have your loans back in good standing 3x faster than rehabilitation. So for those of your pursuing Public Service Loan Forgiveness, consolidation may be the right choice.

The downside of Direct Loan Consolidation is that your loan balance may end up a lot higher. When you consolidate, the principal balance of your new loan amount will include interest and collection fees.

Loan rehabilitation, on the other hand, may lead to your collection fees being waived after you make the ninth monthly payment.

To see if that will be the case for you, check your rehabilitation agreement letter.

Rehabilitation agreement letter waive collection fees

It should say something like the Department of Education agrees to waive collection fees as a result of you rehabilitating your loans.

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Okay, now that we know how they’re different, let’s talk about how they’re the same.

Both options will:

Credit scores & the rehabilitation program

It’s been suggested that making rehabilitation payments will have a more positive impact on your credit score than getting out of default quickly through student loan consolidation. I call b.s. on that. The data isn’t clear.

I’ve had clients report increases with both.

The only fundamental difference is that rehab removes the default status from your credit history. Consolidation leaves that status and opens a new tradeline with the credit bureaus for your Direct Consolidation Loan.

Neither option removes late payments.

Options for Private Student Loans

Private student loan rehabilitation isn’t a thing. Almost no private student loan holder/loan servicer offers it.

Because of that, you have 3 options for getting a private loan out of default:

  1. Make catch up payments
  2. Payment in full
  3. Settlement

My favorite of those is a settlement. In fact, last year, I settled over $1 million dollars in student loans.

The reason why I love it is that, of the three, it’s the one that’s going to give you finality while saving you money.

Student Loan Lawyer Tate

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