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Student loan debt has crippled an entire generation of Americans as millions of current and former students assumed federal student loans to pay for their education. However, many find themselves unemployed or underemployed despite their newly conferred degree which they invested countless hours and dollars to attain. As a result, these borrowers have struggled to keep up with their monthly student loan payments. But relief is in sight.

The Borrower Defense is a little known provision of the United States Higher Education Act which allows any student loan borrower to challenge the collection of their student loans. If a borrower can show that he or she took out a federal loan in reliance upon a false statement or misrepresentation, all eligible loans will be discharged in full (including interest) and refunds will be issued for payments already made.

For example, a recent group of students from a for-profit university had their student loans discharged under the borrower defense when they claimed that their school published false post-graduate employment numbers and deceptive prospects of future employment.

By submitting a Borrower Defense claim, a borrower can place their eligible student loans into immediate forbearance. “Forbearance” means that all payment and collection of the eligible loans will cease until further notice (interest will continue to accrue during the forbearance period), or, the borrower defense claim is fully resolved.

If you'd like to learn more about stopping student loan payments and the borrower defense, please contact us now.