How Borrower Defense Works in Repayment

Borrowers who are being defrauded in school might be eligible to receive loan forgiveness through borrower defense to repayment.

If their schools defraud students loan borrowers, the borrower defense gives them loan forgiveness. Borrowers also have the option to get relief if they are unable to finish their degree due to closing of their school. For help with homework, you can contact to Do My Homework Now.

The Department of Education has granted more and more defrauded borrower debt cancellations throughout 2021. A number of rule changes were made by the department to protect borrowers from repayment in March 2021. Those whose claims were approved may now expect:

  • Complete discharge (100%) federal student loans
  • Reimbursement according to regulations of any amount paid towards the loan.
  • Requests to cancel negative credit reporting with credit bureaus.
  • Reinstatement of federal student assistance eligibility for those who were denied it.

Assistance for defrauded borrower

Borrower defense debt cancellation approvals were pleased to receive good news from the Department of Education on March 18, 2021. This announcement was made by the Department of Education. It would repeal the calculation of the previous administration to provide partial relief for federal student loans borrowers that had been approved. It will instead offer full relief to those borrowers. 72,000 borrowers will be able to get $1 billion in loan relief, according the education department.

On June 16, 2021, 18,000 former ITT Technical Institute students were able to cancel their debt. ITT Technical Institute was a for-profit chain that closed down in 2016 because of federal sanctions. These borrowers will be provided with $500 million relief.

The Department of Education announced on July 9 that 1,800 new borrower defence claims were approved by borrowers who attended Westwood College (Marinello Schools of Beauty), and the Court Reporting Institute. All approved borrowers were granted full loan discharge, totaling $55.6million in cancellation. The education department stated that this was the first time since 2017 when borrower defense claims have been approved for students who attend schools other than Corinthian Colleges and ITT Technical Institute.

On August 26, the Department of Education announced that additional 115,000 students who attended ITT Tech will have their student debt discharged. The relief amount to $1.1 Billion.

What criteria should borrowers still meet?

Secretary Miguel Cardona from the education department said that they plan to take further actions.

These changes remain in force until the Department of Education acts.

If your school closes before July 1, 2020, but you’re still enrolled, you can apply for student debt relief through the borrower defense program. Those loans were canceled automatically in the past.

You must still apply, even if the Education Department provides evidence of wrongdoing in your school. It is not automatic to forgive student loans.

This new rule requires that you prove that your school intentionally misled and caused financial harm. Financial harm doesn’t necessarily include the loan, but your inability to work due to the program.

The new rule provides that you can file a claim even if you have left your school less than 180 days before closing. This increases the existing 120-day deadline.

The old rule allowed for relief to be sought within six years. The new rule makes it three years shorter.

If your claim is initially denied and more information becomes available, your claim cannot be resubmitted for further consideration.

Do you qualify for borrower defense forgiveness?

If your school defrauded, you may be eligible to receive federal loan forgiveness.

Intentionally misleading you about your education programme.

Infringed on certain state laws such as the consumer protection statutes or laws that relate to your loan or education services.

It doesn’t matter if the school has been closed or if you are eligible for loan forgiveness. You can file a claim. You cannot submit a claim on private loans or for costs paid out of your pocket.

Are you unsure whether or not to apply? Find out if you school has been subject to legal action by the federal government. Robert Kelchen (assistant professor of higher Education at Seton Hall University in South Orange), New Jersey says, “The most important indicator is if or are they currently under legal action for their actions.”

If you received your loans before July 1, 2020, a judgement against your school could be grounds to a successful borrower defense. You can use a judge against your school to support your claim but, without any additional support, it will not be enough for loan forgiveness.

How to apply in borrower defense to repayment

You can submit a borrower defense to repayment claim application electronically at or by filling out a PDF and returning it to the Education Department via email or regular mail. Details about how to submit your application are available at the federal student assistance website.

For a stronger claim, provide a detailed explanation as to why your loans may qualify along with any supporting documentation. This could include:

  • Actual licensure passing rates can be different than what was advertised.
  • Actual employment rates can vary from those stated by the school.
  • Actual selectivity and admissions profiles which are quite different to what the school claimed.
  • It is a dishonest representation that a school holds certifications or approves programs.
  • The school’s education resources were not accurately represented.
  • Untrue representations of the transferability credit
  • Untrue representations about graduate placement rates and salaries
  • Dishonest representations regarding financial assistance.

For loans made before July 1, 2020 you can provide written accounts of verbal communications with school officials. Betsy Mayotte, founder and president of the Institute of Student Loan Advisors, says that even though it was verbal, that doesn’t mean they should not provide a narrative. “If they felt… pressured into signing something quickly, then they should include that information, as it’s considered.”

Suzanne Martindale of Consumers Union is a senior attorney and suggests that you look for clinics near you to help with your claim. Ben Miller (senior director for postsecondary Education at Center for American Progress), a nonpartisan policy institution, suggests that you can also contact the National Consumer Law Center.

Don’t be tempted to pay money for debt settlement. This can be done yourself.

How your application can impact your loan approval

As part your claim, you may choose to place your loans under forbearance. This will prevent collection and stop payments. After your application has been submitted, the Education Department will send a confirmation email with further information about your request for bearance. While the process should be straightforward, it is important to contact your student loans servicer to verify that they received your forbearance notification.

A borrower defense claim could result in loan forgiveness in three ways: full loan forgiveness, partial forgiveness or no loan forgiveness. New rules set a high standard for total loan forgiveness but favor partial relief based more on financial damages. While your application is processed by the Education Department, interest accrues and you are responsible for any interest on your loans that have not been cancelled.

Key terms used in this story

Borrower defense: Federal student loan forgiveness program to help borrowers whose school violates certain laws, defrauded, or misled students. Borrowers who have had their school close before they can finish a degree may also qualify for relief. While it’s more difficult to prove a borrower is eligible for forgiveness and make repayment claims, you should still pursue a claim if you believe that you were defrauded.

Forbearance can be defined as a period of unpaid loans for up to 12 month. Forbearance will result in the accrual of interest on all loans. It is not recommended unless you can’t afford your loans or aren’t eligible for deferment. An income-driven repayment program is a better choice if you’re unable to make your payments over a longer period.

Student loan forgiveness: For borrowers who meet the requirements, government programs can cancel federal student loans. Public Service Loan Forgiveness is (PSLF), as well as Teacher Loan Forgiveness. Borrowers with student loans from private lenders are not eligible to receive student loan forgiveness, but there are other options.

Student loan servicer: A private company that will manage your federal student loans until they are repaid. Sometimes student loan servicers don’t offer the best repayment options. It is important to ask questions, advocate for yourself and seek out other options.