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Abigail bergen

Private student loans vs Federal loans after school fraud - Can they take my house in Florida?

I'm in a bizarre situation with my student loans after my college was found guilty of fraudulent practices. My Federal loans were completely discharged through the Borrower Defense program (thank goodness!), but my private loans from THE SAME FRAUDULENT SCHOOL are still hanging over my head like a dark cloud. The private loan servicers are absolutely ruthless - calling constantly, sending threatening letters, and telling me they'll start litigation if I don't make these insane $780/month payments. They keep warning me about wage garnishment and asset seizure if I don't comply with their demands. I've tried explaining that the school committed fraud (which was proven in the federal loan discharge), but the private lenders just don't care. It feels like they want me enslaved to this debt forever. I live in Florida and own a small home here. Can these private lenders actually take my house? Can they garnish my wages in FL? I'm at my breaking point with their harassment and just need to know what they can ACTUALLY do versus what they're threatening.

Florida homestead protection is very strong. They generally CAN'T take your primary residence in Florida - that's actually one of the strongest homeowner protections in the country. However, they CAN potentially garnish your wages up to 25% of disposable income if they get a judgment against you. If you're getting harassed with excessive calls, document everything and look into filing a complaint with the CFPB. Also worth checking if your school's fraud case might qualify you for private loan discharge through your state AG's office - some states are pushing for this.

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Thank you! That's a huge relief about my home. Do you know if I need to formally file for homestead exemption with the county or is it automatic? The 25% wage garnishment is still terrifying, but at least I'd have a roof over my head.

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YUP i got those same threatening calls after Westwood College got shut down!!! My federal loans were discharged but Navient and SallieMae kept coming after me for the private ones, calling my job and everything!!! its TOTAL BS that the same school fraud doesnt apply to ALL the loans!

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It's completely absurd, right? Did you ever find any solution? Or are you still dealing with them too?

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I was in a similar situation and had success working with my state attorney general's office. Many states have been investigating predatory lending associated with fraudulent schools. In some cases, they've secured settlements that include private loan discharges. What you should do immediately: 1. Contact your state AG's office and ask about any ongoing investigations into your school 2. File formal complaints with CFPB and FTC about the harassing phone calls 3. Look into the Fair Debt Collection Practices Act - their threats may actually violate federal law 4. Consider sending a cease and desist letter regarding phone communications Also, Florida's wage garnishment laws are more protective than many states. They can't garnish your wages at all if you're the head of household providing more than 50% of support for a dependent. Worth looking into if that applies to you.

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This is incredibly helpful information. I had no idea about the head of household exemption - that actually applies to me since I support my elderly mother! I'll contact the Florida AG office tomorrow and start documenting all these harassing calls properly.

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The system is completely rigged against borrowers. I've been fighting Sallie Mae for 6 years after attending a for-profit school that lied about job placement rates. They DON'T CARE that the school was fraudulent. Their business model depends on people being trapped in debt forever. Try to get through to FAFSA and ask about any new forgiveness programs - sometimes state-specific options exist that aren't well advertised. Good luck getting through though - I spent WEEKS trying to reach someone.

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Have you tried using Claimyr to get through to FSA? I was in the same boat trying to reach someone about my loan situation for days without success. Using claimyr.com got me connected to an agent in under 30 minutes instead of spending hours on hold. They have a video demo at https://youtu.be/TbC8dZQWYNQ that shows how it works. It was super helpful for getting info about my discharge options.

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my cousins freind had same problem after ITT Tech and he just stopped answering calls and changed his phone numbr. its been like 3 yrs and nothing happend to him but idk if thats good advice lol

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This is generally not good advice. Ignoring the debt doesn't make it go away - it can continue accumulating interest and eventually they can sue and get a judgment. After that, they can potentially garnish wages or put liens on property depending on the state. Better to address it through proper channels like the state AG's office or consumer protection agencies.

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I worked in financial aid counseling for 6 years, and I've seen this exact situation repeatedly with for-profit school loans. Here's what you need to know: 1. Private student loans and federal loans are governed by COMPLETELY different rules 2. The Florida homestead exemption is extremely strong, but you must ensure your property is properly designated as homestead 3. Wage garnishment in Florida requires a court judgment first, and they must follow specific legal procedures You should look into whether your loans might qualify for "Unfair and Deceptive Acts and Practices" (UDAP) claims under your state's consumer protection laws. Several state AGs have sued private lenders over loans associated with fraudulent schools and secured settlements. Also, request complete validation of the debt to confirm they actually own the loans and have proper documentation. Many private loans have been sold multiple times with incomplete paperwork.

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Thank you - this is really helpful! I'll check my homestead designation status and look into the UDAP claims. I didn't even think about questioning whether they have proper documentation of the debt. After all these threats, it would be amazing if they couldn't even prove they own the loans.

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Call their bluff!!! I had $42k in private loans from a scam art school, told them I could only pay $100/month, they threatened me for YEARS but never actually did anything. They don't want to spend the money on litigation unless they know you have substantial assets they can go after.

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This varies WIDELY depending on the lender and their policies. Some will absolutely pursue litigation, especially for larger loan amounts. They may wait until the statute of limitations is about to expire before filing suit. I've seen people get hit with judgments 6+ years after default when they thought they were in the clear. It's a risky strategy.

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Update on private loan fraud cases: Several states (CA, MA, NY, IL, PA) have reached settlements with private lenders over loans connected to fraudulent schools. These settlements included loan forgiveness for many borrowers. Florida hasn't been as aggressive in this area, but you should definitely contact your state AG about whether your school is under investigation. Also - Florida has the Consumer Collection Practices Act which gives you additional protections beyond federal law. If they're calling repeatedly or making threats, document everything and report them.

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Thank you for this update! I've just looked up the Florida Consumer Collection Practices Act and I'm definitely going to document all their calls from now on. They've been calling 3-4 times daily, including weekends, which seems excessive and possibly illegal.

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Has ne1 tried those debt settlement companies?? My cousin used one for his private school loans and they got it reduced by 40% but im not sure if they work for everyone or if its a scam

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Be extremely cautious with debt settlement companies. While legitimate ones exist, the industry is filled with predatory practices. Many charge high fees and direct you to stop paying loans (damaging your credit) while they supposedly negotiate. This damages your credit significantly. If you're genuinely unable to pay, you're often better off negotiating directly with the lender or working with a nonprofit credit counseling agency approved by the National Foundation for Credit Counseling.

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