Negotiating discounted student loan payoff - is it possible and how? Best answer on the web

Jan 08, 2009 @ 04:14 am by jack
  • I am considering paying off a (15-20 year) student loan in excess of $30K at 12% interest on behalf of someone else. Is it possible to negotiate a payoff of less than the remaining principal? If so, I would like guidelines for the discount amount and process for this negotiation.
    Payments on this loan have been regular for the last 3-4 years, but were previously erratic. The owner's credit score is in the mid 600s. The owner works full-time in education, barely earning a living wage in this locale.


  • liketobike...

    If any reduction is possible at all, it would almost certainly
    not be an amount less than the current principal, and, given
    the recent history of regular payments, the chances for any
    reduction seem, unfortunately, rather slim.

    Let's explore the possibilities.


    The following page from FinAid has a detailed list of programs
    and links related to Loan Forgiveness options available from
    the Federal Government:
    http://www.finaid.org/loans/forgiveness.phtml

    In particular, for teachers, it is noted:

    "Students who become full-time teachers in an elementary or
    secondary school that serves students from low-income families
    can have a portion of their Perkins Loan forgiven under The
    National Defense Education Act. This program forgives 15% of
    your loan for the first and second years of teaching service,
    20% for the third and fourth, and 30% for the fifth. Contact
    your school district's administration to see which schools are
    eligible.

    Mississippi teachers who currently have their Alternate Route
    Teaching License and teach in a shortage area may be eligible
    for the Teacher Loan Repayment program. Visit the Mississippi
    Office of State Student Financial Aid web site at
    www.ihl.state.ms.us or call 1-601-432-6997.

    The American Federation of Teachers maintains a list of other
    loan forgiveness programs for teachers."

    The American Federation of Teachers page lists programs by state:
    http://www.aft.org/teachers/jft/loanforgiveness.htm

    Their page on the Stafford and Perkins program requirements:
    http://www.aft.org/teachers/jft/federalprograms.htm


    If the owner doesn't qualify for any of the above, the outlook
    is not as good. The following forum thread on Kiplinger.com
    about negotiating a discounted payoff for a student loan got
    over 400 views but relatively few posts over a period of two
    years, with no indication of a hopeful resolution:
    http://forums.kiplinger.com/showthread.php?t=2242


    One post recommends the use of a debt negotiator. An article
    titled, 'Credit Counselor Or Debt Negotiator?' by Broderick
    Perkins, cites The non-profit financial education group, San
    Diego, CA based Institute of Consumer Financial Education
    (ICFE), in exploring the similarities and differences between
    Credit Counselors, who promote payment of the debt at lower
    interest rates, and Debt Negotiators, who promote debt
    reduction, but often at the cost of a worsened credit report
    and the possibility that the forgiven debt will be counted
    as income by the IRS. More on the page:
    http://realtytimes.com/rtcpages/20020717_creditdebt.htm

    The ICFE maintains a page of resources here:
    http://students.studentdebthelp.org/


    One of the resources listed is the FTC's page on Credit
    Counseling and Debt Negotiators, which warns you not to
    deal with Debt Negotiators who:

    - guarantee they can remove your unsecured debt
    - promise that unsecured debts can be paid off with pennies
    on the dollar
    - require substantial monthly service fees
    - demand payment of a percentage of savings
    - tell you to stop making payments to or communicating with
    your creditors
    - require you to make monthly payments to them, rather than
    with your creditor
    - claim that creditors never sue consumers for non-payment
    of unsecured debt
    - promise that using their system will have no negative impact
    on your credit report
    - claim that they can remove accurate negative information from
    your credit report.
    http://www.ftc.gov/bcp/conline/pubs/credit/fiscal.htm


    This ezine article on 'Student Loan Debt Negotiation', By Max
    Bellamy, suggests that, with all the risks involved in finding
    a Debt Negotiator that isn't a ripoff, you might be better off
    attempting it yourself, though your inexperience might then
    cost you:
    http://ezinearticles.com/?Student-Loan-Debt-Negotiation&id=129873

    Another ezine article, 'How to Choose a Debt Settlement Company',
    by Alan Barnes, suggests checking with the Better Business Bureau
    before working with any company, and offers other suggestions:
    http://ezinearticles.com/?How-to-Choose-a-Debt-Settlement-Company&id=39977

    Alan Barnes is a IAPDA Certified Debt Arbitrator, and President
    and CEO of Debt Regret:
    http://www.debtregret.com

    Their page on Debt Settlement suggests that they may be able
    to reduce a debt by 40-60%, and that much of the leverage they
    have when negotiating comes from the possibility that their
    client, the debtor, may face bankruptcy, in which case the
    creditor may receive nothing at all. Much more about their
    process of negotiating is on the page:
    http://www.debtregret.com/debt_settlement.html


    So, while this suggests that you might attempt to negotiate
    a reduction yourself, at approximately a 50% reduction, the
    tricky part, it seems, is how to convince the creditor that
    the debtor is approaching bankruptcy yet will be able to
    afford a rapid payoff of the reduced amount of the debt.
    How professional Debt Negotiators pull this off is not
    clear.

    This guide to negotiating debt settlement may give you some
    idea about the tactics used by some companies:
    http://www.debt-negotiation-services.com/debt-settlement-articles/debt-settlement-negotiate.html
    The fact that you are offering to make the payment on the
    behalf of another person makes that less of an issue, so
    it may be possible to convince them that bankruptcy is a
    likelihood without your intervention, in which case they
    may be willing to negotiate. Then again, given 3-4 years
    of consistent payment, they may see no reason to eliminate
    any amount of the debt without the warning signs of a
    pending bankruptcy, such as recently missed payments.


    Yet another option is to hire an experienced attorney to
    negotiate a 'debt workout', but the essential problem is
    the same, as noted on DebtWorkout.com:

    "...a creditor only does a workout to benefit themselves.
    There must be a substantial chance they would end up with
    even less if they refuse to work with you."
    http://www.debtworkout.com/dwfaq.html


    Clearly, then, short of a record of recently-missed payments,
    the only way to negotiate a reduction would be to take the
    debtor's financial records for the past 6 months to a year
    into the negotiation, and be able to show a trend of expense
    vs income that threatens to turn into bankruptcy if no
    intervention is achieved, and even this might be rejected.


    I sincerely hope that satisfies your interests in asking
    this question. If anything is unclear, or you have any
    questions, please post a Request for Clarification.

    sublime1-ga


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