Behrends Carusone, PC Logo
This is a placeholder for the Yext Knolwedge Tags. This message will not appear on the live site, but only within the editor. The Yext Knowledge Tags are successfully installed and will be added to the website.

Blog Layout

URGENT - Important Student Loan Update

Judson Carusone • April 19, 2022

All student loans will be considered in good standing as of September 1, 2022

The US Department of Education just announced that it would extend the payment moratorium on student loans until August 31, 2022. This also extends the interest free period on Student loans. So if you can afford pay down your student loans, even a little bit, now is a good time.  

Also, the Department announced that all student loans will be considered as being in good standing on September 1, 2022. This has several important benefits, including the right to apply for an affordable repayment plan, called an income based repayment (IBR) plan. In some cases, the IBR payment is $0.00.  

In the past, if a student loans was in default, the borrower had to return it to good standing by making six months of on time payments at the regular amount due, before they could be considered for an IBR plan. Then the borrower could apply to have the payment reduced to match their income. But now, student loans will all be considered in good standing as of September 1, 2022 and so will be eligible for IBR consideration without payments to bring them to that status. 

So now is the time to take advantage of the programs available to help student loan borrowers in good standing. The full press release is available at:


           
         
  • Are all student loans on hold?

    Sadly not all student loans are on hold. Federal student loan repayment was paused for millions of eligible borrowers. Ineligible federal loan borrowers, plus private loan-holders, do not have their education debt on hold.

  • Will the IRS keep my refund for defaulted student loans?

    Federal law allows state and federal agencies to use the Treasury Offset Program to withhold your refund to pay off past due debts. If an agency reports your debt to the TOP, the IRS will offset your refund to repay obligations such as past due child support or defaulted federal student loans

  • Why are my student loans no longer on my credit report?

    If you notice that your student loan disappeared from your credit report, it's because your loan servicer made a mistake, or you fell into default more than 7 years ago.

By 7016608589 06 Sep, 2024
Protect yourself from identity theft scams posing as debt collectors. Learn key warning signs and how to protect yourself.
05 Sep, 2024
Learn the truth behind some of bankruptcys most common myths. From the facts about filing, credit impact, and how bankruptcy can offer a fresh financial start.
20 Feb, 2024
Bankruptcy is the first step to rebuilding your credit so here are some tips to repair and build your credit and improve your credit score after bankruptcy.
debt relief attorney
01 Nov, 2023
There are a few ways you can prepare for a meeting with a debt relief attorney. Keep reading or contact us today to learn more.
By 7016608589 28 Feb, 2023
What are the different types of bankruptcy? Which types should you consider filing? Chapter 7 and Chapter 13 are best for most people but companies and people with a lot of debt may need Chapter 11.
College Students graduating
28 Jan, 2023
Discharge student loans in bankruptcy. New guidelines quickly show the effect of bankruptcy on student loans. Your chances are very good that you can discharge your student loans in bankruptcy under these new rules
Wage Garnishment
By Stephen Behrends 15 Aug, 2022
My paycheck is being garnished. How does wage garnishment work? How much can they take? I can’t pay my rent or other bills. How can I stop a garnishment?
bankruptcy attorneys
13 Jul, 2022
Have you acquired unnecessary debts and are unsure of what to do? Read this blog to learn when it's time to call bankruptcy attorneys for legal assistance.
By Steve Behrends 12 Jul, 2022
What are Chapter 7 and Chapter 13? Which one should you file? Is one better? Can the Court make you file Chapter 13 if you want to file Chapter 7?
By Judson Carsuone 11 May, 2022
Bankruptcy Attorney Q & A- (Part 2) How Soon After Bankruptcy Can I Get an FHA Loan and Buy a House? Clients frequently ask about future credit after bankruptcy and especially about if they will ever be able to buy a home. The answer to this question is not always as simple as it should be because it varies by the type of home loan. This blog addresses special mortgages backed directly by the federal government such as Federal Housing Administration first time home buyer and rehabilitation loans. If you do not qualify for one of these loans, you should read our related blog on conventional mortgages and buying a home after bankruptcy. Just paste this link into your browser window: https://www.oregon-attorneys.com/bankruptcy-attorney-q-a-how-soon-after-bankruptcy-can-i-buy-a-house The short answer is that a waiting period of one to three years after filing for bankruptcy is all that is required for Federal Housing Administration, Veterans Administration and US Department of Agriculture Rural Home Loans. But this is just as to the bankruptcy filing. Of course, you still need to take active steps after bankruptcy to rebuild your credit. Check out our blog posts on rebuilding your credit after bankruptcy https://www.oregon-attorneys.com/5-steps-to-rebuilding-your-credit https://www.oregon-attorneys.com/filing-bankruptcy-is-just-the-first-step-in-rebuilding-your-credit And, you have to have sufficient income, possibily a down payment and a good debt to income ratio to buy a house. A Chapter 7 or Chapter 13 bankruptcy will show on your credit report for 10 years and negatively affect your credit. However, loans targeted to special populations and backed by the federal government have rules that allow you to buy a home shortly after discharge. These rules are subject to change so we recommend that you consult a mortgage broker for the most up to date standards for qualifying. Here are the waiting periods for these loans so you can buy a house. ● If you otherwise qualify for an FHA loan, you must wait at least 2 years after a Chapter 7 discharge or 1 year after a Chapter 13 discharge. ● If you otherwise qualify for a VA loan, you must wait at least 2 years after a Chapter 7 discharge or 1 year after a Chapter 13 discharge. ● If you otherwise qualify for a USDA loan, you must wait at least 3 years after a Chapter 7 discharge or 1 year after a Chapter 13 discharge. In addition, if you are in a Chapter 13 plan and you need to refinance, then FHA and VA can also help you. FHA loans used to refinance a home while in a Chapter 13 bankruptcy require up to 2 years of on time payments to the Chapter 13 trustee. You must also meet the other loan standards such as sufficient income and appropriate loan to value ration. But the loan proceeds must allow you to conclude your Chapter 13 plan as of the closing of the loan. We sometimes call this buying out your plan. This can work well if you have the equity. It is also possible to use VA loans to refinance a home while in a Chapter 13 bankruptcy. You need up to 2 years of on time payments to the Chapter 13 trustee. You must also meet the other loan standards such as sufficient income and appropriate loan to value ration. But you do not need to buyout your plan. Here is a brief description of these home loans. ● FHA first time home buyer loans allow for a low down payment currently at 3.5% with a credit score at or above 580, or 10% if your credit score is between 500-580. The property needs to pass an inspection. And there is a cap on these loans that varies by county. For example, a home in Lane County can qualify up to $420,000 but in Multnomah County that amount is $598,000. ● FHA rehabilitation loans have similar standards. However, the loan can include cash out to bring the home up to the required inspection standards. The cash out is limited to $35,000 for qualifying improvements such as replacing roofing, enhancing accessibility for a disabled person or making energy conservation improvements. ● VA loans for new home purchase start with a Certificate of Eligibility (COE) to show your lender that you qualify based on your service history and duty status. This is obtained from the VA. The VA does not always require a down payment but one may be needed depending on the amount of the loan. The property needs to pass an inspection. But unlike the FHA, the VA does not set standards for the loans as to credit or income. Typical lenders do want minimum credit scores in the 600 range. ● USDA rural home loans do not require a down payment. But the home and its location are essential to obtaining this type of mortgage. For example, the house size is usually 2000 square feet or less. In fact, the home buyer must need the home to have decent, safe, and sanitary housing and be unable to obtain a loan from other resources on terms and conditions that can reasonably be expected to be met. Income qualifications are lenient as the loan can include a payment subsidy and are only available to low income borrowers. The USDA doesn't have a fixed credit score requirement, but most lenders require a score of at least 640, and 640 is the minimum credit score you'll need to qualify for automatic approval through the USDA's automated loan underwriting system. Conventional loans require a longer waiting period between bankruptcy discharge and requesting a home loan. These types of loans are not guaranteed by the federal government and can require significantly longer waiting periods. But your state or local government may have other programs that can also help. And a bank involved in the Community Reinvestment Act (CRA) will also have loans available for low to moderate income home buyers. Finally, if you were impacted by recent fires and lost your home in such a disaster, the Small Business Administration and FEMA may have loan options to rebuild. Filing bankruptcy is usually just the first step to rebuilding your credit and putting yourself back on track to possible home ownership in the future.
More Posts
Share by: