In a statement announcing the suspension
of the borrower defense rules, DeVos said, «Unfortunately, last year's rulemaking effort missed an opportunity to get it right.
Importantly, neither the delay and nor the rewrite
of the borrower defense rules alters the fact that borrowers have a right to raise their defenses.
Unfortunately, the Department has not only delayed implementation of the bulk
of the borrower defense and gainful employment rules, but has also announced that it intends to rewrite both sets of rules.
Today, the U.S. Department of Education announced steps to change two important higher education regulations — a delay
of borrower defense and a renegotiation of the gainful employment rule — and to conduct a new regulatory process to rewrite these rules.
However, the future
of the borrower defense rule remains uncertain.
They also expressed support for the continuation
of the Borrower Defense to Repayment Rule which provides borrowers with a fair and transparent process if they have been defrauded by a for - profit school.
The lawsuit stated that Secretary DeVos» actions signaled the eventual repeal and replacement
of the borrower defense rules.
If you choose to submit additional documents as part
of your borrower defense application, the following types of documents are among those that may be helpful to your application:
If you receive an email titled «Borrower Defense Claim,» it is from the Department of Education and includes communication on a full or partial approval
of your borrower defense application.
[NK1] In fact, the curtain is still down as the Department of Education is «sitting on tens of thousands
of borrower defense claims.»
Corinthian Colleges, including Everest, Heald, and WyoTech, are examples
of borrower defense situations where the federal government is willing to consider student applications for forgiveness based on the misconduct of the school.
If you received an email from a
[email protected] email address with the term «Borrower Defense Claim» in the subject line, it is an official U.S. Department of Education (ED) communication that relates to a full or partial approval
of your borrower defense to repayment application.
Not exact matches
In addition,
borrowers who have lump - sum payments made on their behalf under a student loan repayment program administered by the U.S. Department
of Defense may also receive credit for more than one qualifying PSLF payment.
The Department
of Education has received
borrower defense applications from
borrowers who attended many other schools.
Additionally, as indicated in the first report on work
of the new
Borrower Defense Unit, the Department is applying time limits to curtail claims for relief by
borrowers the Department has found were defrauded.
The Department should reconsider the fairness
of that approach and the efficiency
of researching the statute
of limitations applicable to every claim and
defense in every state, and to instead exercise its authority to simply provide full relief to
borrowers it finds were defrauded.
As recently as this April, we explained that Congress chose not to roll back the important protections for defrauded student loan
borrowers provided by the Department
of Education's
borrower defense rules.
Loan deferment, income - driven repayment plans, forbearance, and federal loan consolidation or student loan refinancing are all alternatives in the absence
of banking on the
borrower defense to repayment rule.
One
of the rules is on gainful employment, which holds nondegree career education programs accountable when graduates have too much debt; the other is on
borrower defense, which allows student
borrowers defrauded by institutions to get loan forgiveness.
This scenario just happened at USDE in the student loan arena on
borrower defense regulations in the wake
of the for - profit Corinthian Colleges» collapse.
While
borrower defense applications typically require the
borrower to specifically show that his or her school violated state law, the Everest and WyoTech findings qualify students enrolled in the covered programs and time periods to apply for a discharge
of their federal Direct Loans through an expedited process using a simple attestation form.
Students who attended a Corinthian school (Everest, WyoTech, or Heald)-- regardless
of whether it closed — who believe they were defrauded or that their school otherwise violated applicable state law may be eligible for loan forgiveness (discharge) based on a
borrower defense to repayment.
The forbearance or stopped collections will affect all
of a
borrower's federal loans that are serviced by a federal loan servicer (or defaulted and serviced by a private collection agency), including loans that are not eligible for a
borrower defense to repayment loan discharge, such as loans taken out to attend a different institution than the one related to your application.
The forbearance or stopped collections will affect all
of a
borrower's federal loans, including loans that are not eligible for a
borrower defense to repayment loan discharge, such as loans taken out to attend a different institution than the one related to your application.
The Department
of Education is scheduled to publish a request that seems to tip their hand about a
borrower defense that could allow lots
of students from having to repay their student loans.
Under a
borrower defense to repayment, you may be eligible for loan forgiveness (a discharge)
of the federal Direct Loans you took out to attend a school if that school committed fraud by doing something or failing to do something, or otherwise violated applicable state law related to your loans or the educational services you paid for.
Since Betsy DeVos took office earlier this year, she has cast doubt about the preservation
of landmark initiatives from the Obama administration concerning student loan relief
of defrauded for - profit college students who were struggling with payments; more specifically, she has suggested changes to the
Borrower Defense Rule.
The execution
of the regulation will be brought about by an expansion
of the department's «
Borrower Defense to Repayment» program.
There is a program called
Borrower Defense To Repayment that can potentially assist you in cases
of fraud.
Last July, Eighteen Democratic state Attorneys General sued DeVos and the Department
of Education, seeking to force the Department to implement the Obama - era
borrower defense rules.
This recent action and the fact the Department
of Education has not approved
Borrower Defense claims leads me to wonder where is any proof the Department
of Education gives a damn about student loan debtors.
David Halperin, writing in Huffington Post, observed that «the DeVos - Trump draft
borrower defense rules... essentially nullify the 1994 law that gives former students who are ripped off by their colleges... the right to seek cancellation
of their student loans.»
Also this week, the Department
of Education (ED) started the process
of renegotiating the
borrower defense to repayment (DTR) regulations it
Also this week, the Department
of Education (ED) started the process
of renegotiating the
borrower defense to repayment (DTR) regulations it delayed earlier this year.
For most
borrowers, the first line
of defense is avoiding default.
For example, personal injury claims or claims based on allegations
of harassment are not bases for a
borrower defense application.
If you would like to apply for
borrower defense against multiple schools that you attended and for which you took out federal student loans, you must submit separate applications for each school
of attendance.
By completing and submitting a
borrower defense application, you may have all
of your federal student loans in repayment placed into forbearance status and have debt collections on any federal student loans in default stopped («stopped collections status») while ED reviews your application.
Borrowers who attended Corinthian Colleges (Everest, Heald, and WyoTech) with a first date
of attendance between July 1, 2010, and Sept. 30, 2014, and are seeking federal student loan forgiveness through
borrower defense will complete a Corinthian - specific application.
You may be eligible for
borrower defense regardless
of whether your school closed or you are otherwise eligible for loan forgiveness under other laws.
This will continue until the
borrower defense review process
of your application is completed.
Under the law, you may be eligible for
borrower defense to repayment forgiveness
of the federal student loans that you took out to attend a school if that school misled you, or engaged in other misconduct in violation
of certain state laws.
If your application for
borrower defense is denied or partially approved, then when you are taken out
of forbearance or stopped collections, the interest that accumulated will be added to the amount you owed when you entered forbearance or stopped collections, and the total amount you owe in the future may be higher.
All other
borrowers applying for
borrower defense MUST submit their application using one
of the U.S. Department
of Education (ED)
borrower defense application forms provided in the sections below.
According to a December 2017 report from the Office
of Inspector General, the Department had not approved any
borrower defense applications since January 20, 2017.
This new process for Corinthian students uses a new formula focused on average post-school earnings by program to calculate what portion
of a
borrower's loans will be discharged if the
defense is approved.
The
borrower defense rule originated by the closing
of Corinthian Colleges in 2015, which was followed shortly by the closing
of ITT Technical Institute.
According to the Department
of Education, $ 250 million in relief has already been given to over 15,000
borrowers that attended Corinthian and it is unclear how many more stand to benefit from the
borrower defense rule.
In her statement, Secretary
of Education DeVos said that nearly 16,000
borrower defense claims are currently being processed, and the Department
of Education will continue to process applications under the current rule until a new one is enacted.
The US Department
of Education has information about what is required for eligibility for a
borrower defense to repayment.