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I have a private student loan of approximately $45K that is reporting as a charge off/collection. The DOFD is June 2012 and SOL will expire around Jan 1, 2017 (includes additional 6 months due to Ch7 BK filing in 2013). I received a letter in December 2015 that they will issue a 1099-C in January but have not received it yet. The lender is updating the account monthly and is listed as open. If I plan to app for a mortgage, should I wait until after the 1099-C is actually issued and the CRA's all have updated balances of 0 or after the expiration of the SOL?
@srloring13 wrote:I have a private student loan of approximately $45K that is reporting as a charge off/collection. The DOFD is June 2012 and SOL will expire around Jan 1, 2017 (includes additional 6 months due to Ch7 BK filing in 2013). I received a letter in December 2015 that they will issue a 1099-C in January but have not received it yet. The lender is updating the account monthly and is listed as open. If I plan to app for a mortgage, should I wait until after the 1099-C is actually issued and the CRA's all have updated balances of 0 or after the expiration of the SOL?
Are you sure the student loan was discharged in your BK? That would be a very rare event.
Not it wasnt but it was my understanding that the filing of the BK would toll the SOL and thats why I estimated it will reach SOL by January 1, 2017.
It is my understanding that no student loans are dischargeable in Bk at all unless you go through an adversary proceeding in the Bk. Even then, it is very rare.
Here is a link with a little more info: http://www.nolo.com/legal-encyclopedia/private-student-loans-bankruptcy.html
As to just allowing the loans to charge off it won't affect the ability of a collections agent to continue to try to collect the loan. Why don't you visit the student loans section here to see what you need to do to get back on track? http://ficoforums.myfico.com/t5/Student-Loans/bd-p/studentloans
I will have to let one of the others answer about getting a mortgage while your student loans are in default. I don't think you can get a mortgage while your student loans are in default at all, but others will know better.
The lender issued me a 1099-C and its a private student loan. My bankruptcy has been discharged for over 3 years now. I'm looking for advice about how a mortgage lender would view this account when I submit a mortgage application.
@StartingOver10 wrote:It is my understanding that no student loans are dischargeable in Bk at all unless you go through an adversary proceeding in the Bk. Even then, it is very rare.
Here is a link with a little more info: http://www.nolo.com/legal-encyclopedia/private-student-loans-bankruptcy.html
As to just allowing the loans to charge off it won't affect the ability of a collections agent to continue to try to collect the loan. Why don't you visit the student loans section here to see what you need to do to get back on track? http://ficoforums.myfico.com/t5/Student-Loans/bd-p/studentloans
I will have to let one of the others answer about getting a mortgage while your student loans are in default. I don't think you can get a mortgage while your student loans are in default at all, but others will know better.
Actually, they started out not accepting bankruptcy, and we're going to garnish government benefits (which they can do). Got a pro bono bankruptcy attorney, met with the attorney for government several times, and discharged for disability, hardship (letter was sent). Must prove did not use any of education (earned money in different industry), and permanently disabled (no brainier, since condition started while still in college, 84, started disability backdated to 96, continued within three years of returning to work, because full time work worsens my condition). Doctor reports are analyzed. But when the representative saw the veracity of movement disorder, it was tough, but a lot easier than some.
There are exceptions, but disabled can have loans discharged. Process done in 2003/2004. Otherwise, bankruptcy does not discharge student loans.
@srloring13 wrote:The lender issued me a 1099-C and its a private student loan. My bankruptcy has been discharged for over 3 years now. I'm looking for advice about how a mortgage lender would view this account when I submit a mortgage application.
Did you receive an undue hardship release?
No. The lender cancelled the debt.
The lender sent me a letter in November 2015 that stated the following:
"...has ceased collection on the loan and is therefore required to report the write off of the principal balance to you and to the IRS on Form 1099-C, Cancellation of Debt. This reporting will occur at the end of January 2016. The IRS requires financial institutions to annually report all debt cancellations of $600 or more...."
This is not a federally backed loan and I have been told that the SOL in my state for written contracts applies to this account.