Question:
Dear Steve,
All government loans taken out in 1980s. Owed about $30k at graduation. paid off about $20 then went into default. did not hear from them for many years. then in early 2000s recontact and I ended up consolidating now amount of about $60k.
I want to check the accounting and get some hopefully knocked out and settle the balance. how do i get the accounting to see if they really credited me the right amounts, carried over correct balances with buying and selling history, etc? Mohela has the loan now. but i need records before consolidation thanks
Katie
Answer:
Dear Katie,
The National Student Loan Data System should contain all records on federal student loans. That would be the central source of information regarding your loan history.
But the history before consolidating is a bit moot since the consolidation loan is considered a new loan.
Good luck on trying to settle a federal student loan. I’ve only seen them do that as part of a bankruptcy Adversary Proceeding or the consumer getting sued by the Department of Justice.
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Thanks Steve for all your comments. I am aware that the consolidated loan is a new loan. But is it not based on the validity of the underlying loans? In other words, if the consolidated loan was based on amounts that were not correct would one not be able to challenge that in a lawsuit.The loans were bought and sold numerous times. I am thinking about just letting them sue me but if I cannot attack the underlying amounts I suppose it doesn’t make sense. What do you think?
You can absolutely challenge the validity of any debt and ask for proof. The big issue right now is that since the defaulted loans are in default then their current status might not be reported in detail on MyFedLoan.
If you are unable to get a detailed statement from your loan servicer, as the Department of Education Ombudsman office for help. See https://studentaid.ed.gov/sa/repay-loans/disputes/prepare/contact-ombudsman
Can you challenge the loans in a suit? Absolutely. It’s America, you can sue anyone for anything at anytime.
Is it probable that your debts explode to those balances? Absolutely. When you factor in the collection penalties, up to 20% of the balance, late fees, penalty rates, compound interest, etc.
So what do I think? Well you can certainly fight the fight but depending how many years the loans have been in default the reality might be your dispute is over a small amount of the balance currently claimed. But to help you feel more comfortable with the amount stated is owed, you should absolutely feel free to contact the Ombudsman office for help. https://studentaid.ed.gov/sa/repay-loans/disputes/prepare/contact-ombudsman
Thank you Steve. I will contact the ombudsman.
I just answered your question.