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Loan Consolidations

A Short Guide to Loan Consolidations
Most financial professionals consider loan consolidations as the purchase of many different loans by a single entity or company in order to create one large single loan. This idea behind loan consolidations is that company purchasing the loans gets them from the other financial companies at a particular agreed. The companies selling the loans make a small amount of money from this transaction. The new company then takes on a series of new debts that must be paid. They then levy their payment schedule and interest rate, and from here borrower pays the company the new interest rate along with the principal of the loan.
The system of loan consolidations works in the same fashion for student loans except that in this case, the intention of the companies is usually much more altruistic. The student loans are offered by various companies that are often government-backed and publicly held.  While the same essential system is used for students in loan consolidations, there are still some downsides or wrinkles that impede the system. There are many different types of student loans and a variety of loan issuers. Each one of these issuers has varying rates and structures that set down specifically how the loan is given out or disbursed, and just how the loan must be repaid. Because of this, it makes loan consolidations truly difficult to do.
What to Look for in Loan Consolidations

While loan consolidations’ terms and eligibility vary between issuers, there are some general tips to follow when thinking of loan consolidations.
Loan consolidations are best applied when the individual loans start entering the repayment periods, typically six months after graduation, or during the period when a student stops attending an educational institution. This is also the time when the new graduate has a chance to see just what their near financial future looks like and if it would be a better decision to stay with the set 10-year payout which results in less interest, or if loan consolidations would help for the sake of reducing monthly payments and the price of overall increasing the loan.
Traditional loan consolidation was used more often when student loans were set to a prime rate. If a student took out a loan at 7.2%, and this primate later dropped after he or she started paying, the student could choose to apply for consolidation which would create a new loan with an ideally lower interest rate. Today, student loans are just set to a fixed rate, although loans that were issued in 2010 had lower rates than loans issued a few years earlier, making consolidation a way to lower the rate.
Loan consolidations can happen at any point of the life of the loan, but the amount of possible consolidations is very limited. A change in financial circumstance can necessitate needed changes in a loan. The idea is to keep track of how loans fit into a person’s budget and just how loan consolidations can benefit a customer.

Debt Focus Shifts From Greece to Italy

Debt Focus Shifts From Greece to Italy

European debt concerns have continued to affect the financial markets across the world, as many fear Italy will soon be in the same position as Greece.  Both nations are members of the Euro Zone, which has a common currency, the Euro, and all agree on monetary policy.  
Italian government bonds have recently risen to their highest level in 14 years, which many financial experts believe is unsustainable under the current economic conditions.  Political turmoil in Italy has further created worry that Italy is next to face default on its debt and may require a bailout from other Euro Zone nations.  
Markets across the world have reacted to the news, as most markets remain stagnant with gains found only in few sectors. Many feel the worldwide markets will travel a similar path as occurred during the summer of 2011, as the Greek default story unfolded.        

Average Student Loan Debt: $25,000

Average Student Loan Debt: $25,000

Student loan debt, a hot topic of the occupy Wall Street movement, has been increasing exponentially in recent years, and new data is confirming just how large the average student’s debt is upon graduation.  
The Institute for College Access and Success is reporting that two thirds of college graduates have student loans upon graduation and average $25,250 in total obligations.  This is a 5% increase in just 2 years, when the institute last reported on the average student debt.  
Actual amounts may be even larger, as the study does not include amounts taken out to attend for-profit training and educational services, which have become more popular in recent years.  Furthering compounding the issue is the increasing rate of unemployment and underemployment among recent graduates, which raises the question whether such student debts will be sustainable in the near future.    

Fair Debt Collection Practices Act Text

Fair Debt Collection Practices Act Text

TITLE VIII – DEBT COLLECTION PRACTICES  [Fair Debt Collection Practices Act]

Sec.
801.  Short Title
802.  Congressional findings and declaration of purpose
803.  Definitions
804.  Acquisition of location information
805.  Communication in connection with debt collection
806.  Harassment or abuse
807.  False or misleading representations
808.  Unfair practice
809.  Validation of debts
810.  Multiple debts
811.  Legal actions by debt collectors
812.  Furnishing certain deceptive forms
813.  Civil liability
814.  Administrative enforcement
815.  Reports to Congress by the Commission
816.  Relation to State laws
817.  Exemption for State regulation
818.  Effective date

§ 801.  Short Title  [15 USC 1601 note]

This title may be cited as the “Fair Debt Collection Practices Act.”

§ 802.  Congressional findings and declarations of purpose  [15 USC 1692]

(a) There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

(b) Existing laws and procedures for redressing these injuries are inadequate to protect consumers.

(c) Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.

(d) Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.

(e) It is the purpose of this title to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

§ 803.  Definitions [15 USC 1692a]

As used in this title —

(1) The term “Commission” means the Federal Trade Commission.

(2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.

(3) The term “consumer” means any natural person obligated or allegedly obligated to pay any debt.

(4) The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

(5) The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include —

(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and

(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

(7) The term “location information” means a consumer’s place of abode and his telephone number at such place, or his place of employment.

(8) The term “State” means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.

§ 804.  Acquisition of location information  [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall —

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.

§ 805.  Communication in connection with debt collection   [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY.  Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt —

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

(b) COMMUNICATION WITH THIRD PARTIES.  Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(c) CEASING COMMUNICATION.  If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except —

(1) to advise the consumer that the debt collector’s further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

§ 806.  Harassment or abuse  [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller’s identity.

§ 807.  False or misleading representations  [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of —

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to —

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.

§ 808.  Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if —

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the property; or

(C) the property is exempt by law from such dispossession or disablement.

(7) Communicating with a consumer regarding a debt by post card.

(8) Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

§ 809.  Validation of debts   [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing —

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

§ 810.  Multiple debts  [15 USC 1692h]

If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer’s directions.

§ 811.  Legal actions by debt collectors   [15 USC 1692i]

(a) Any debt collector who brings any legal action on a debt against any consumer shall —

(1) in the case of an action to enforce an interest in real property securing the consumer’s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity —

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the action.

(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.

§ 812.  Furnishing certain deceptive forms  [15 USC 1692j]

(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

(b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.

§ 813.  Civil liability  [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of —

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs.

(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors —

(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or

(2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector’s noncompliance was intentional.

(c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

(e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

§ 814.  Administrative enforcement   [15 USC 1692l]

(a) Compliance with this title shall be enforced by the Commission, except to the extend that enforcement of the requirements imposed under this title is specifically committed to another agency under subsection (b). For purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of this title shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.

(b) Compliance with any requirements imposed under this title shall be enforced under —

(1) section 8 of the Federal Deposit Insurance Act, in the case of —

(A) national banks, by the Comptroller of the Currency;

(B) member banks of the Federal Reserve System (other than national banks), by the Federal Reserve Board; and

(C) banks the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), by the Board of Directors of the Federal Deposit Insurance Corporation;

(2) section 5(d) of the Home Owners Loan Act of 1933, section 407 of the National Housing Act, and sections 6(i) and 17 of the Federal Home Loan Bank Act, by the Federal Home Loan Bank Board (acting directing or through the Federal Savings and Loan Insurance Corporation), in the case of any institution subject to any of those provisions;

(3) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union;

(4) subtitle IV of Title 49, by the Interstate Commerce Commission with respect to any common carrier subject to such subtitle;

(5) the Federal Aviation Act of 1958, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that Act; and

(6) the Packers and Stockyards Act, 1921 (except as provided in section 406 of that Act), by the Secretary of Agriculture with respect to any activities subject to that Act.

(c) For the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title any other authority conferred on it by law, except as provided in subsection (d).

(d) Neither the Commission nor any other agency referred to in subsection (b) may promulgate trade regulation rules or other regulations with respect to the collection of debts by debt collectors as defined in this title.

§ 815.  Reports to Congress by the Commission  [15 USC 1692m]

(a) Not later than one year after the effective date of this title and at one-year intervals thereafter, the Commission shall make reports to the Congress concerning the administration of its functions under this title, including such recommendations as the Commission deems necessary or appropriate. In addition, each report of the Commission shall include its assessment of the extent to which compliance with this title is being achieved and a summary of the enforcement actions taken by the Commission under section 814 of this title.

(b) In the exercise of its functions under this title, the Commission may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 814 of this title.

§ 816.  Relation to State laws  [15 USC 1692n]

This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this title.

§ 817.  Exemption for State regulation   [15 USC 1692o]

The Commission shall by regulation exempt from the requirements of this title any class of debt collection practices within any State if the Commission determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this title, and that there is adequate provision for enforcement.

§ 818.  Effective date  [15 USC 1692 note]

This title takes effect upon the expiration of six months after the date of its enactment, but section 809 shall apply only with respect to debts for which the initial attempt to collect occurs after such effective date.

Approved September 20, 1977

Default

Default

Defaulting on a Loan or Mortgage


When an individual or a debtor defaults in a loan agreement, it means that the debtor was unable to meet all the provisions as outlined in the agreement. Breaking the provisions includes either not paying a payment on time or not paying the full payment. Default can occur on debts such as bonds, loans, mortgages, and promissory notes.
As a result of a default, the lender can make claims against the debtor’s assists in order to get the money or value that is owed.
Often during a default, the lender may give the option of a repayment plan. These plans will often have a negotiated time scale to pay off the debt. Another option is to get advice from a debt counselor or a debt counseling service. They can provide advice and tools to help the debtor. They may also be able to contact lenders and help set up the repayment plan with lower interest payments.
Debt counseling can also help give information on consolidation and if it is an option when an individual defaults. 
Defaulting on a Mortgage
If an individual defaults on a mortgage, it can add on additional fees and costs on top of what is already owed. Furthermore, it can get reported to credit reporting agencies which ultimately affects his credit score in a negative way.  In the most extreme case, it can result in losing a home.
During a default, the lender who manages the mortgage loan account can charge for various default-related services which can include:
Property preservation services such as landscaping or boarding up broken doors and windows
Property inspections that ensure the individual is living in and maintaining the property
Foreclosure costs such as attorney fees and charges for posting or mailing foreclosure notices
Defaulting on a Student Loan
A student loan is considered to be in default if there have not been any payments for 270 days for a monthly payment plan or 330 days for a payment plan that is less frequent. 
Defaulting on a student loan can have serious consequences. After a default, the IRS can take an entitled income tax refund and hold onto it under the student loan is paid in full. The government can also garish a limited amount of the student’s wages, up to 15% but no more than 30 times the federal minimum wage.
The government can also take from any federal benefits, such as social security disability or retirement benefits, but not supplemental security income in order to reimburse student loans. Another option is for the government or private lenders right to sue in order to collect the defaulted loans. There is no limit to this unlike other debts.
Some of the options to get out of default on a student loan include
Paying the loan off
Setting up a repayment plan with the lender as either a standard, graduated, extended, or income contingent and sensitive repayment plan
Rehabilitating the loan
Consolidating the loan
Payment relief (if qualified)

Credit Card Debt Solutions

Credit Card Debt Solutions

Helpful Credit Card Debt Solutions


Credit card debt is the resulting unsecured debt gained through the use of credit cards. Credit card debt occurs when an individual makes a purchase with a card. When a person is unable to pay the debt off in the appropriate time given, the company often charges a fee or penalty for late payment. This late payment will get reported to credit reporting agencies where it can ultimately lead to a lower credit score.
With late or unpaid bills, late fees, and a potentially high annual percentage rate (APR), credit card debt can accumulate quickly.  In extreme cases, credit card debt can result in an individual declaring bankruptcy. To prevent this, it is important to take control and prevent even more debt through various credit card debt solutions.
Credit Card Debt Solutions: Using a Debt Settlement Company
While many debt settlement companies cannot guarantee getting a partial payment on a credit card debt, it is possible to have one of these companies negotiate the debt down anywhere from 30 to 70%. Even though the debt may be reduced, it is still important to make payments monthly. Furthermore it can take many months for negotiations to be complete, and credit card payments will still need to be made in the meantime.
Debt settlement companies are not allowed to collect any sort of payment before settling or reducing credit card debt. However, they may ask an individual to deposit money in a bank account in advance for the fees. This is okay as long as the account is from an insured financial institution, the individual controls the money, and the debt settlement company does not have any affiliation with the third party who administers the account.
Credit Card Debt Solutions: Contact the Credit Card Company
Even if the results have been previously unsuccessful, a good credit card debt solution is to talk to the credit card lender. Because of a high level of defaults, they are more likely to help manage a short term or long term issue. Credit card lenders may also be more willing to lower the APR to make it more manageable which is one of many helpful credit card debt solutions.
Credit Card Debt Solutions: Help from a Credit Counselor
A credit counselor can offer advice and other credit card debt solutions on managing money and debts. By law, companies that issue credit cards must provide a toll-free number directing to information about nonprofit counseling groups on the their statement. Counseling can often be found in person, by phone, or online.

Credit Card Debt Solutions: Other Tips
Cut off credit card use to avoid even more debt.
Pay more than just the minimum on the monthly payments.
Try to develop more frugal habits.
Avoid large purchases until paying off all the credit card debt.
Transfer the debt to a lower interest credit card.
Pay half the minimum twice the month to reduce the monthly average, which will reduce the finance charges that are assessed.
Close the newest accounts to make the average age of credit history older.

Steps To Debt Solutions

Steps To Debt Solutions

What are Debt Solutions?
Debt solutions are any means or undertaking– initiated by a consumer stricken with debt—to alleviate the problems associated with mounting debts.  Debt solutions, which in essence, are alleviations of debt, can be secured in a variety of ways. A borrower, crippled by debt, can seek a debt solution from professional institutions (such as a credit counseling agency) or can initiate the process themselves, by establishing a firm budget or engaging in refinancing. Whatever course the individual takes, all forms of debt solution—if enacted properly—will mitigate debts and all problems associated.

Consolidation as a form of Debt Solution: 
The resources used to secure a debt solution will engage in a variety of financial maneuvers to help alleviate one’s debts. The most common undertaking is a consolidation. This form of a debt solution effectively agglomerates one’s debts into an extensive/singular repayment schedule. Consolidation, which is initiated by a credit counselor or by the debt holder him or herself, will eliminate the debt holder’s exposure to multiple/high interest rates, as well as the penalties associated with service, late payments or delinquent accounts.
To engage in consolidated debt solutions the borrower must decide how serious their debt problem is. If the repayment schedules are severe enough where they impede the purchase of necessities (clothes, food, housing etc.) or are impossible to effectively pay-off, the individual should seek the aid of a credit counselor. That being said, if the debts are purely secured (i.e. from credit cards or medical bills) the borrower can seek a debt solution without the inclusion of a professional—to engage in a debt solution by oneself, simply contact your creditors to seek a reduced pay-off amount, then transfer the balances to your lowest APR credit card. 
For more severe debt cases (one’s that include multiple installment or real estate loans) an individual should contact a credit counseling agency. These finance professionals will inspect the borrower’s debt—including all variables associated with their repayment plans—to construct a viable debt solution. Debt solutions provided by these professionals include: development of a sound budget, debt consolidation, bankruptcy filings or debt negotiations with the underlying creditors. 
The above debt solutions are all effective in conquering problems associated with debt. If a borrower engages in one of the above debt solutions their debts, over time, will diminish. Furthermore, credit score will eventually be repaired 


How do Find Appropriate Help?
As stated above, an individual—consumed by debt—may secure debt Solutions from a number of resources. 
The first step to seeking a debt Solution is to analyze whether the hiring of a professional or the filing of a consolidation is necessary. There is no precise amount of debt that will denote a consumer’s need for professional debt Solution. To analyze the inclusion of professional debt Solutions, the consumer will need to calculate his/her disposable income against his/her debts. If the figure derived is not enough to purchase necessities or meet monthly debt obligations the individual should seek the aid of professional debt Solution.
If the borrower is facing destructive debts, they must begin their search for debt solutions by contacting a credit counseling or debt consolidation agency in their area. A professional debt solution institution will be listed online or in the Yellow Pages—search these resources to amass a list of all professional debt Solution locations in a given region. 
When searching for debt solutions, contact organizations that are comprised of licensed credit counseling agents; the institutions should also operate as non-profit agencies. 
When the consumer secures a list of reputable credit counseling agents, the borrower will inspect the consumer’s debts to consolidate the figures or establish a stern budget. If consolidation is selected, the professional will contact the consumer’s creditors to negotiate a reduced payoff amount. After each creditor is contacted, the debts are packaged into a sweeping repayment plan.

Federal Student Loan Consolidation

Federal Student Loan Consolidation


What to Know about Federal Student Loan Consolidation

In the United States, the FDLP or the Federal Direct Student Loan Program is a program that allows include federal student loan consolidation, which can allow consolidation of a variety of federal student loans, such as Stafford loans and PLUS loans, into one simple loan. Federal student loan consolidation results in smaller monthly payments for the borrower and a longer repayment term for the consolidated loan. Unlike the individual loans, a consolidation loan has a fixed interest rate for the entire length of the loan.
The purpose of federal student loan consolidation is like that of a mortgage refinance in the sense that interest rate or monthly payments are ultimately lowered. Federal student loan consolidation services are available for all federal loans. This includes such as unsubsidized and subsidized Direct and FFEL Stafford Loans, Supplemental Loans for Students (SLS), Direct and FFEL PLUS Loans, Health Education Assistance Loans, Federal Nursing Loans, Federal Perkins Loans, and certain existing consolidation loans.
The Federal Loan Consolidation Program was first started in 1986. In 1998, the U.S. Congress adjusted the interest rate to have it set as a fixed rate weighted mean. Any loans that underwent Federal student loan consolidation before this time could still have a variable interest rate that was set by the particular FDLP loan origination center or FFELP lender.
In 2005, the GOA or Government Accountability Office considered consolidating these consolidation loans so they could be exclusively managed by the FDLP. However, calculations and assumptions about future changes in the loan volume, percentage of defaulters, and interest rates resulted in the estimate of an additional cost of $46 million for administrative costs which would then be offset by a savings of $3,100 million. However, the financial turmoil of 2008 resulted to the suspension of various loan consolidation programs, such as Nelnet, Next Student, and Sallie Mae.

Federal Student Loan Consolidation Restrictions
Nearly all federal education loans can be consolidated, but there are a few set restrictions on student loan consolidation.
Federal student loan consolidation can only be used once. In order for an existing consolidation loan to be eligible for reconsolidation, more loans must be added that were not previously consolidated into the original student consolidation loan. After 2006, an individual consolidated loan could not be consolidated by itself.
The new restrictions concerning consolidating a consolidation loan obstruct the ability to use consolidation when switching lenders. Usually, loans can consolidate once, near the completion of the grace period given for the loan or once the original loan goes into repayment. It is then locked into that particular lender for the total time of the loan. In order to maintain the ability to use various student loan consolidation services later on when switching lenders, it is ideal not to include at least one loan from the federal student loan consolidation process in order to maintain eligibility for reconsolidation.
When a consolidated loan is reconsolidated into a new loan, this process does not relock the interest rates on the new consolidation loan. Rather, the consolidation loan is thought of as a fixed rate loan when recalculating the weighted average interest rate that is then applied to find the new interest rate for the consolidation loan.
Federal Student Loan Consolidation Repayment Plans
Federal student loan consolidation gives access to many different repayment plans along with the standard 10-year repayment plan. Some of these different repayment options include income sensitive repayment for FFEL loans, contingent repayment for direct loans, graduated repayment, and extended repayment.
Federal student loan consolidation can also reduce the total cost of the monthly payment by increasing the repayment period of the loan beyond the standard 10-years as normally stated in terms of various student federal loans. Depending on the total amount of the loan, the repayment period of the new consolidated loan can be furthered anywhere from 12 years to 30 years. The smaller monthly payment can make it less financially stressful on the borrower to repay but will result in an increased cost of interest paid over the loan’s lifetime. 

Direct Loan Consolidation

Direct Loan Consolidation

A direct loan consolidation is a process that allows a borrower to combine or consolidate different federal student loans into just one loan. The result of a direct loan consolidation is a having only one monthly payment instead of many monthly payments.  Direct loan consolidation is a very popular method that individuals use in order to avoid paying high monthly payments, particularly on student loans.
Direct loan consolidation is a good tool for students or former students who are managing finances after taking out student loans. It can help provide both immediate and long term benefits. Some benefits of a direct loan consolidation include:
Cut a monthly student loan payment, sometimes up to up to 52 percent.
Simplifying finances by just having one payment a month with a fixed-rate loan
Improving one’s credit through the consolidation and payoff process.
No fees, credit checks, or application charges.
No cost for a direct loan consolidation
Potential decrease in interest rate, although this is usually less than one percent.
One of the most helpful benefits of a direct loan consolidation is payment relief. By combining multiple  loans into one simple consolidated loans, it allows the repayment term to be lengthened from the typical ten years up to thirty years, depending on the sum of the loans.
By having a lower monthly payment, it allows an individual to have more available money that can be used to take care of other living expenses, such as car payments, career-related necessities, or housing expenses. Because a direct loan consolidation does not have any penalties for overpayment, it is possible to make larger payments if desired to reduce the repayment term of the loan when it becomes affordable to do so.
However, there are also some drawbacks to direct loan consolidation including:
Increased total cost of loans due to longer repayment period, resulting in more interest.
Potentially losing benefits of individual loans, such as deferred interest benefits or forgiveness
Inability to consolidate private educational loans into a federal consolidation loan.
Applicable Loans for a Direct Loan Consolidation
The majority of federal student loans are eligible for direct loan consolidation, such as unsubsidized and subsidized Direct and FFEL Stafford Loans, Supplemental Loans for Students (SLS), Direct and FFEL PLUS Loans, Federal Perkins Loans, Health Education Assistance Loans, Federal Nursing Loans, and certain existing consolidation loans. However, private education loans are not eligible for direct loan consolidation. Individuals who are in default must first meet certain requirements before consolidating loans.
Direct Consolidation Loan Interest Rates

The set interest rate of a direct consolidation loan is calculated as the weighted average of interest rate from all the loans being consolidated. The rate is fixed over the life of the loan and is rounded up to the nearest 1/8th of 1 percent and cannot exceed 8.25 percent. 

Federal Student Loan Consolidation

Federal Student Loan Consolidation

What to Know about Federal Student Loan Consolidation

In the United States, the FDLP or the Federal Direct Student Loan Program is a program that allows include federal student loan consolidation, which can allow consolidation of a variety of federal student loans, such as Stafford loans and PLUS loans, into one simple loan. Federal student loan consolidation results in smaller monthly payments for the borrower and a longer repayment term for the consolidated loan. Unlike the individual loans, a consolidation loan has a fixed interest rate for the entire length of the loan.
The purpose of federal student loan consolidation is like that of a mortgage refinance in the sense that interest rate or monthly payments are ultimately lowered. Federal student loan consolidation services are available for all federal loans. This includes such as unsubsidized and subsidized Direct and FFEL Stafford Loans, Supplemental Loans for Students (SLS), Direct and FFEL PLUS Loans, Health Education Assistance Loans, Federal Nursing Loans, Federal Perkins Loans, and certain existing consolidation loans.
The Federal Loan Consolidation Program was first started in 1986. In 1998, the U.S. Congress adjusted the interest rate to have it set as a fixed rate weighted mean. Any loans that underwent Federal student loan consolidation before this time could still have a variable interest rate that was set by the particular FDLP loan origination center or FFELP lender.
In 2005, the GOA or Government Accountability Office considered consolidating these consolidation loans so they could be exclusively managed by the FDLP. However, calculations and assumptions about future changes in the loan volume, percentage of defaulters, and interest rates resulted in the estimate of an additional cost of $46 million for administrative costs which would then be offset by a savings of $3,100 million. However, the financial turmoil of 2008 resulted to the suspension of various loan consolidation programs, such as Nelnet, Next Student, and Sallie Mae.

Federal Student Loan Consolidation Restrictions
Nearly all federal education loans can be consolidated, but there are a few set restrictions on student loan consolidation.
Federal student loan consolidation can only be used once. In order for an existing consolidation loan to be eligible for reconsolidation, more loans must be added that were not previously consolidated into the original student consolidation loan. After 2006, an individual consolidated loan could not be consolidated by itself.
The new restrictions concerning consolidating a consolidation loan obstruct the ability to use consolidation when switching lenders. Usually, loans can consolidate once, near the completion of the grace period given for the loan or once the original loan goes into repayment. It is then locked into that particular lender for the total time of the loan. In order to maintain the ability to use various student loan consolidation services later on when switching lenders, it is ideal not to include at least one loan from the federal student loan consolidation process in order to maintain eligibility for reconsolidation.
When a consolidated loan is reconsolidated into a new loan, this process does not relock the interest rates on the new consolidation loan. Rather, the consolidation loan is thought of as a fixed rate loan when recalculating the weighted average interest rate that is then applied to find the new interest rate for the consolidation loan.
Federal Student Loan Consolidation Repayment Plans
Federal student loan consolidation gives access to many different repayment plans along with the standard 10-year repayment plan. Some of these different repayment options include income sensitive repayment for FFEL loans, contingent repayment for direct loans, graduated repayment, and extended repayment.
Federal student loan consolidation can also reduce the total cost of the monthly payment by increasing the repayment period of the loan beyond the standard 10-years as normally stated in terms of various student federal loans. Depending on the total amount of the loan, the repayment period of the new consolidated loan can be furthered anywhere from 12 years to 30 years. The smaller monthly payment can make it less financially stressful on the borrower to repay but will result in an increased cost of interest paid over the loan’s lifetime.