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does anyone know if the NY 5 year exclusion rule applies to federal student loans?
@Anonymous wrote:does anyone know if the NY 5 year exclusion rule applies to federal student loans?
As long as they are paid I don't see why it should not. The Federal Student loan exception only applies to unpaid loans, AFAIK.
I agree with Norman.
The Higher Education Act mandates the reporting of delinquent student loans, exempts them from SOL, and extends the credit report exclusion periods while delinquent.
Once paid, which is the basis for the five years period under the NYS statute, the delinquency, SOL, and extended credit report exclusion provisions of superceding federal law no longer are at issue.
Thank you.
Am I correct that the 5 year rule only applies to paid/settled CO and collections, not derogs such as lates?
The NYS 5-year rule does not apply to late payments as far as I know. It applies for collection and charged of accounts.
Insofar, that paying the late payments just brings the account current. Therefore, it must remain account on the CRA.
However, a poster on here was able to get an account deleted off EX and TU with a similar case. However, EQ would not budge at all,
for the reason I stated above.
New York State General Business Law Section 380-j
“(f)(1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information.
(i) bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years;
(ii) judgements which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period; or judgments which, from date of entry, having been satisfied within a five year period from such entry date, shall be removed from the report five years after such entry date;
(iii) paid tax liens which, from date of payment, antedate the report by more than seven years or, a paid, satisfied or vacated tax lien involving a purchaser, transferee or assignee in a bulk sale transaction who has been deemed liable by the state tax commission for sales taxes due from a seller, transferrer or assignor under subdivision (c) of section eleven hundred forty-one of the tax law, where the receipt by a credit reporting agency from such purchaser, transferee or assignee of a notice, or true copy thereof, from the state tax commission to such purchaser, transferee or assignee that his liability has been wholly paid or satisfied or no longer exists, antedates the report by more than thirty days;
(iv) accounts placed for collection or charged to profit and loss which antedate the report by more than seven years; or accounts placed for collection or charged to profit and loss, which have been paid and which antedate the report by more than five years; “
The state of New York has the right idea. I wished California would follow through. It's a win-win for everybody involved!