Dealing with student loan debt is difficult enough. But some loan providers work to make it even harder to pay back debts.
A 2015 study found that 7 out of every ten graduating college seniors had student loan debt. They averaged more than $30,000 in debt per borrower.
You may expect high interest rates from private loan providers. But federal loans with low interest rates have always seemed like a smarter alternative for students. They also offer flexible payment options. Unfortunately for some borrowers, the Navient lawsuit has proved otherwise.
The Federal government is suing #Navient for illegally failing borrowers at many different steps of the loan process
When a student takes out a federal loan, they are borrowing money from the U.S. government. But the government does not deal directly with the student borrowers.
Instead, a student loan servicing company acts as a go-between.
The servicer collects payments from the student. They also process information like address or name changes. They can also help with extensions on the due date for loan payments.
A loan servicer also helps students consolidate their loans or develop repayment plans. Their services are free of charge to th
e student. They also answer questions about loans and repayment for the students.
Navient is the largest student loan provider in the United States. They offer private loans and are also a federal student loan servicer. They are one of eight student loan servicers.
Federal loans are supposed to have lower interest rates and flexible payment options, to make it easier for students when they graduate.
Navient used to be a part of Sallie Mae. Sallie Mae, originally known as The Student Loan Marketing Association, was founded in 1973 by the U.S. Congress.
It supported the student loan program created by the Higher Education Act of 1965. The act helps all students gain access to loans.
Sallie Mae later expanded to offer private loans. In 2014, Navient split off of Sallie Mae. Navient handles the company's federal loans.
Navient now handles more than 12 million student loan accounts. Those accounts include more than $300 billion in federal and private loans.
What is Navient loan forgiveness? There are several options for federal loan forgiveness, cancellation, and discharge if you hold any Navient student loans.
Those include: (click to expand)
Income-Driven Repayment Plans are the most popular route for Navient loan forgiveness. Income-driven plans offer to keep monthly payments affordable by making them a certain percentage of the borrower current income.
Income-driven plans come with a built in forgiveness for any amount left after the repayment program ends (usually 20-25 years).
The Public Service Loan Forgiveness (PSLF) Program will forgive any remaining balance of your Direct Loans after 10 years of qualifying payments under a qualifying plan while working full-time in either a public service position or a not-for-profit organization.
Navient provides a PSLF Employment Certification form for you to fill out.
Nurses can qualify for PSLF (see above) in some situations.
Additionally, nurses in Maryland, Oregon, Virginia, and Washington
have state-sponsored programs for nursing loan forgiveness:
Under the Teacher Loan Forgiveness Program, if you teach full-time for five complete and consecutive academic years in a designated elementary or secondary school, or educational service agency that serve low-income families, you may be eligible for Loan forgiveness of up to a total of $17,500 on your FFEL or Direct loans.
Apply using the Navient Teacher Loan Forgiveness Application form.
Also, for Teachers in Maryland, Oregon, Virginia, and Washington Navient offers state-sponsored loan forgiveness certification forms:
In certain situations, some of your Navient school loans can be canceled.
The most common discharge programs are (including links to Navient loan discharge applications):
A Total and Permanent Disability (TPD) discharge releases you from repaying 3 types of loans:
In order to qualify you must provide the Department of Education proof that you are totally and permanently disabled.
More detailed information can be found here: https://studentaid.ed.gov/sa/repay-loans/forgiveness-cancellation/disability-discharge
Applying for a total and permanent disability discharge for your Navient school loans can be done online on the TPD website, or with these forms supplied by Navient:
A lawsuit against Navient was launched by the Consumer Financial Protection Bureau (CFPB) in January of 2017.
The Federal government and the Washington state Attorney General are suing Navient for illegally failing borrowers at many different steps of the loan process.
The lawsuit includes several different claims against the loan provider. The accusations against Navient include:
Borrowers may have several loans on their account, spread across multiple federal student loan servicers. These can include a mix of private student loans and federal student loans.
When a borrower makes a loan payment, it needs to be applied to their loans in a certain way. For example, if a student has two federal loans, they need to pay towards both.
So a $300 monthly payment goes towards both loans.
But Navient incorrectly applied or allocated loan payments. They also failed to correct their mistakes unless a borrower contacted them.
Federal loans are designed to be more flexible than private loans. This encourages students to attend college without fear of falling into crippling debt.
When students run into problems paying back federal loans, they have the option to apply for repayment plans. These can lower their monthly payments without major increases in interest.
But in the Navient lawsuits, the CFPB alleges that the company failed to help struggling borrowers. Instead of helping them lower their payments, Navient illegally encouraged students to choose forbearance.
Forbearances pause a borrower's payments so that they do not default when they don't pay. But it also comes with a big increase in interest.
Between January 2010 and March 2015, federal student loan servicer Navient added $4 billion in interest charges to student accounts under forbearances. The Navient lawsuit alleges that much of those charges could have been avoided.
One of the principal charges in the lawsuit against Navient is a failure to communicate with borrowers. This is one of the main responsibilities of student loan servicers.
Federal loan borrowers have the option of applying for income-driven repayment plans. This means that they pay a rate based on their annual income, rather than standard payment amounts.
This helps recent graduates who may be working lower-paying entry-level positions.
But this repayment option comes with several requirements. Each year, borrowers must submit proof of their income and their family size.
Part of the Navient lawsuit alleges that the emails sent by the company to borrowers on income-driven repayment plans didn't warn them of deadlines to submit these requirements.
When borrower failed to meet these deadlines, they were disenrolled from these payment plans.
Their payments leaped in price, sometimes by thousands of dollars. They also accrued interest from the time they were enrolled in the repayment program.
If a borrower wanted to legally release a co-signer, Navient told them that they needed to make a certain number of consecutive payments.
The borrower's account kept a record of these consecutive payments.
But if a borrower chose to get ahead on their Navient school loans by making payments ahead of the due date or by making multiple payments at once, Navient reset this record.
This prevented those who were getting ahead on payments from releasing their cosigners.
One of the most shocking charges in the Navient lawsuit is the accusation of harming the credit of veterans.
The federal government offers loan forgiveness for several different reasons and situations.
Veterans who are severely injured may apply for loan forgiveness. This is part of the federal Total and Permanent Disability discharge program.
Rather than helping them seek their loan forgiveness or reporting their situation, Navient chose to report injured veteran as defaulting on their Navient school loans.
This could have a potentially devastating result on their credit score. This affects their ability to get other loans, credit cards, and more.
Apart from the CFPB lawsuit, there are also two class-action lawsuits that Navient agreed to settle:
It might take a while to receive your Navient settlement check, so keep checking back for more news regarding the lawsuits.
Dealing with student loans can be a stressful process. Situations like those that prompted the Navient lawsuit make it even worse.
If you're struggling with student loans and wondering how you can get your loans reduced, loan forgiveness programs may be an option for you.