Ask Liz Weston

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Student Loan

“Compassionate review” may lead to student loan discharge

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Dear Liz: We have a family member who recently was approved by Social Security for a complete disability claim. This person will never work again but has an outstanding student loan. The lender has a formal mechanism to apply for loan forgiveness, but is refusing to accept medical documentation of the disability. What appeal process is there and how can we force them to act? Do we need to retain legal counsel and incur additional expense to enforce a legal process and achieve loan forgiveness?

Answer: Federal student loans offer a “total and permanent disability discharge” that forgives outstanding education debt. You can find the rules and an application at DisabilityDischarge.com.

The rules for private student loans, however, vary by lender. Four lenders — Sallie Mae, New York Higher Education Services Corp., Discover and Wells Fargo — offer a discharge for total and permanent disability that is similar to the federal one, said Mark Kantrowitz, publisher of the FinAid.org and FastWeb.com financial aid sites. The Sallie Mae discharge is also provided on loans made through lenders that market the Sallie Mae loans, such as Commerce Bank, Fifth Third Bank and Regions Bank, Kantrowitz said.

Other lenders do not offer such a discharge, but all have a compassionate review process for their private student loans, he said.

“Borrowers in a difficult financial situation, or their family or other representatives, should contact the lender that holds the loan directly,” Kantrowitz said. “The call center staff are not always familiar with the compassionate review process.”

Lenders are generally more likely to cancel some or all of the debt, or at least reduce the interest rate, in a situation that permanently affects the borrower’s ability to repay, Kantrowitz said. They are less likely to make an adjustment when the loan was cosigned and the cosigner is capable of repaying the debt.

“But it varies,” Kantrowitz said. “I’ve seen some cases in which the borrower was military and killed in action where the lender forgave the loans even though the cosigners were capable of repaying the debt. Another example involved a mother whose daughter dropped dead on an athletic field and the mother’s anguish was palpable in the letter to the lender.”

Debt cancellation comes with another issue: taxes. Forgiven debt is typically treated as taxable income by the IRS. Your family member may be able to avoid the taxes if he or she is insolvent, but a tax professional should be consulted.

Don’t tap retirement funds to pay kids’ student loans

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Dear Liz: I’m in my 50s. My kids have college loan debts that might total more than $200,000. I allowed them to take out loans because I expected to inherit $300,000 to help them pay off the debt. Now that inheritance will not happen.

I have $250,000 saved for retirement. When I’m 58 1/2 years old, I would like to pull that money out and pay some or all of these debts. Or use home equity. I’ve recently been downsized in employment, but I am looking to increase my income so I can help with their debt. Advice?

Answer: If your goal is to impoverish yourself so your kids will have to take care of you in your old age, by all means proceed with your plan. Otherwise, you need to rethink this.

You’ve been laid off in the middle of what should be your peak earning years. Older workers often have a tougher time than younger ones finding replacement jobs, even in a better economy than this one. You may not be able to replace your former income, which means you may not be able to add much to the amount you’ve already saved. You should be conserving your resources, including your home equity, and not squandering it repaying debts that aren’t yours.

And “squandering” is the right word. You may be able to avoid paying federal and state tax penalties on withdrawals under certain conditions; distributions made after age 59 1/2 avoid the penalties, as do those made if you’re “separated from service” if the job termination occurred in or after the year you turn 55. But you’ll still owe income taxes on the withdrawal, and those can be considerable.

Your children are the ones who will benefit from their educations. Those educations should allow them to earn incomes to repay these loans. The amount of debt they’ve accrued might be excessive — you didn’t specify how many kids, or whether this debt is being incurred pursuing undergraduate or graduate degrees. Ultimately, though, they will be in a better position to pay the debt than you are.

If you promised them help you can’t deliver, sit down with them now to break the bad news and strategize on how they can finish their educations without incurring substantially more debt.

Your story also should serve as a cautionary tale for anyone counting on an inheritance to pay future bills. Until the money is in your bank account, it’s not yours and shouldn’t be part of your financial planning.

Government recoups defaulted student loan debt

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Dear Liz: I read your response to the person questioning the rationale behind taxpayer-supported federal student loans. Your response was well written, but do you have any information about how much money is owed to the government for student loans and what percentage of all the loans are actually paid back in full? You mentioned that the government can garnish wages and Social Security checks and seize tax refunds, but does the government follow through and hold these people accountable? Does the government have personnel to do this or is this just a threat?

Answer: Millions of unhappy student loan borrowers can assure you the government’s considerable powers to collect defaulted student loans are much more than a threat. In addition to its own collection activities, the U.S. Department of Education also hires a number of private collection agencies to help recoup what’s owed.

As a result, the government collects more than 100 cents on every defaulted dollar once accumulated interest and penalties are included, according to the Education Department’s most recent report. On a net present value basis — when future collections are discounted back to today’s dollars — the government recovers about 80% of the defaulted debt.

Decades ago, it was possible to skip out on federal student loan debt without serious consequences. Public outrage over that fact led to much stronger collection efforts. That has resulted in the federal government recovering about $10 billion in defaulted student loan debt every year, said Mark Kantrowitz, publisher of the FinAid.org and FastWeb financial aid sites.

Student loans aren’t handouts

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Dear Liz: I am increasingly annoyed by the entitlement attitude of today’s students. Why should the taxpayers (me) pay to educate somebody else’s children? I remember when there was no such thing as a student loan. If I wanted to go to college and didn’t have the money for tuition, I delayed starting college until I had worked for a year and saved up the money. Many of my friends did this, as did I. Now these kids stand around with their hands out looking for somebody to bring them their education on a silver platter. I wish you would say something about this in your column.

Answer: Let’s start with the obvious, which is that an education costs a heck of a lot more than it did when you were in college.

The College Board reports that a student attending an in-state, four-year public university needs to budget an average of $22,261 to pay for the 2012-13 year. Which means the total cost to get an undergraduate degree would be about $90,000, assuming he or she can get all the required courses in four years (something that’s increasingly difficult because of state budget cuts in education).

Not to put too fine a point on it, but there aren’t many jobs these days that would enable someone (particularly someone without a college degree) to save the full cost of a college education in a single year. Even someone who started out with two years of community college would need to budget about $8,000 for each of those years, according to the College Board, and the total cost of a four-year degree would still be around $60,000. Some people would pay less if they got a lot of financial aid or lived at home, but any way you cut it, the tab is much, much higher than it has been in decades past.

Something else has changed since you were a student, and that’s the importance of having a college education if you want to have a decent financial life and remain in the middle class. In your day, people without college educations — even those without high school diplomas — could find well-paying jobs. Those jobs have increasingly been phased out by technology or they’ve gone overseas. The manufacturing and technical jobs that remain often require at least some post-secondary education. Having a college degree is what having a high school diploma used to be — an essential entry-level credential in many fields.

Our nation and our economy need educated workers if we’re to be competitive in a global economy. It also would help to have an expanding pool of well-paid workers to pay taxes toward things like roads, defense, police and fire protection and Social Security, from which you presumably benefit.

This is why governments promote post-secondary education with a relatively small amount of grants for the needy, and a relatively large amount of loans for everyone else. The first federal student loans were part of the National Defense Education Act of 1958; today, most students borrow at least some portion of their education costs.

You see, most kids (and their parents) aren’t standing around waiting for a handout. Most financial aid these days comes in the form of loans, which have to be paid back. These loans aren’t necessarily cheap — the rate on a Stafford student loan is 6.8%, while graduate and parent PLUS loans have 7.9% rates (plus a 4% origination fee that’s deducted from each disbursement).

If students or their parents default, the government can garnish their wages, seize their tax refunds, take a chunk of their Social Security checks and trash their credit. There is no statute of limitations on federal student loans and only rare relief in Bankruptcy Court, so borrowers can be pursued to their graves for what they owe.

Yes, many families overspend on education and overdose on student loans. The majority, however, graduate with a reasonable amount of debt (about $26,000 on average) that can be repaid from their now-higher earnings. Student loans aren’t a handout — they’re an investment in both the graduate and our economy.

Public service may winnow student loan debt

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Dear Liz: I am the single mother of four daughters, including one who has a serious heart condition that causes $10,000 to $30,000 in out-of-pocket medical expenses each year. These medical bills have caused me to file bankruptcy twice, but the bankruptcies have not wiped out my student loans.

I have qualified for minimum payments and deferments a couple of times but have been on a payment schedule the vast majority of the time. The interest grows faster than I can keep up, and I keep getting deeper into the hole. I am now 51 and have over $45,000 in student loans. After a year and a half of being unemployed, and depleting my retirement funds to pay for COBRA health coverage, I finally found a job — I am making $30,000 a year working for a nonprofit as a social worker — but I still can’t make any progress on these loans.

The only program I can find is one in which I have to make payments, no matter how little I have, for the next 10 years if I continue to work for only nonprofits. No one can explain to me why all the money I have already paid, plus only working for nonprofits, plus my volunteer service over the years, doesn’t count for something. I am holding my breath hoping you might have some suggestions to share.

Answer: The Public Service Loan Forgiveness Program you discovered is actually a fairly recent development. Before 2007, people in your situation didn’t have an option to have their balances erased.

It’s unfortunate you didn’t know about the program earlier, since if you’d signed up when it first became available you could be partway through your required payments by now and only a few years away from having your balance forgiven.

But better late than never. The program is ideal for those who have big federal student loan debts and small incomes. If you sign up for the “income-based repayment” option, your monthly payments will be limited to 15% of your “discretionary income,” defined as the amount of your income over 150% of the poverty line for your family. Since the poverty line for a family of five is $27,010 in 2012, your required monthly payment may well be zero. Even if your household is smaller, payments under the program typically are less than 10% of your gross income, said Mark Kantrowitz, publisher of the FinAid and Fastweb financial aid sites.

If you didn’t have a public service job, your required repayment period would be 25 years — so you are receiving some credit for your service. Public service jobs include, among others, those in public safety and law enforcement, military service, public health, public education, public interest legal services, social work in public or family service agencies and jobs at tax-exempt 501(c)(3) organizations. Government employees also are considered to have public service positions, although interestingly enough, time served as a member of Congress doesn’t count.

Don’t buy an education you can’t afford

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Dear Liz: Please make me feel like I’m doing the right thing. My daughter happens to be very talented academically and athletically. She will graduate from one of the best prep schools in the country. She also plays ice hockey and is being recruited by some of the best schools. However, we are of middle-class means. We were given outstanding aid from her prep school, which made it very affordable. The net price calculators of the colleges recruiting her indicate we won’t get nearly the same level of support.

We have a lot of equity in our home and about $25,000 total in college funds for both of our children (we also have a son in 9th grade). We make about $185,000 as a family and pay about 12% to mandatory retirement and healthcare accounts. I’m hoping by some magical formula we can beat the “calculator” but I’m not so confident. So please tell me that paying for an elite education is worth our sacrifices. Our daughter has worked very hard to put herself in a position to gain entry into these schools, but I just need an expert to make me feel better.

Answer: An expert who makes you feel better about buying an education you can’t afford isn’t doing you any favors.

So let’s do a reality check. The amount you have saved for both your children would pay for a little more than one semester at most elite schools, which run around $60,000 a year these days. If she finishes in four years, that’s a price tag of about a quarter of a million dollars.

Of course, most college students don’t pay the sticker price for college. They get some kind of help. You, however, can’t expect much of that help, since you’re really not “of middle-class means.” At your current income, you make more money than about 95% of American households. Financial aid formulas don’t particularly care that you may live in an expensive area or that you prioritized spending over saving, only realizing too late that you can’t afford the schools your daughter wants to attend.

The exceptions may be Ivy League schools, many of which have committed to capping tuition costs even for upper-income families. If your daughter gets into one of those schools, she may have a shot at an affordable education.

Other schools may be willing to give her “merit aid” to induce her to attend, especially if she’s an outstanding hockey player and they want outstanding hockey players. But you’ll still be left with a sizable bill and only one way to pay for it: borrowing, either from your home equity or via federal student loans. Your daughter can borrow $5,500 in federal loans her first year, but as parents you can borrow up to the full cost of her education from the federal PLUS loan program.

Which leads to the question: Is taking on up to a quarter of a million dollars in debt for an undergraduate degree a sacrifice or is it insane? Before you answer, consider that some research shows that students who are accepted to elite schools, but attend elsewhere, do just as well in life as people who actually attend those elite schools. (The exceptions are kids from lower-income families, who actually do get a boost in life from attending elite schools. Obviously, that doesn’t include your child.)

Also consider how you’ll feel about making payments of $1,800 a month or so for the next 30 years to pay for this education. And how you’ll feel telling your son, “Sorry, kid, we spent all the money on your sister. You’re on your own.”

The picture may not be as grim as all that. You may get a better deal from one of these schools than you expect. But you should start managing your daughter’s expectations now and look for some colleges you can actually afford in case the dream schools don’t come through for her.