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In our efforts to help our former clients or new clients move ahead with their life, we offer tips to improve credit or benefit from new programs (with particular emphasis on those with prior financial burdens).

Today, I’d like to summarize some programs that may help to purchase a home even one day after a bankruptcy, short sale or foreclosure.  We can also help you secure a knowledgeable Realtor to help in these areas.


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arkovich_law-narrowThe regular FHA HAMP loss mitigation programs will remain in suspension until October 30, 2024 – next year!  All foreclosure sales are to be suspended until the same date.  Same with Deed in Lieu negotiations.

So what does that mean?

All borrowers who are already in default or at risk of imminent default are supposed to be evaluated under the expanded guidelines of the Covid 19 Recovery Option program.  These provisions could be terminated early by Congressional action, executive or agency rules.

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Christie_1I ran across this statistic and wanted to share with you about the DOJ attestation process to discharge federal student loans. A great many are still pending.
From 12/5/2022 through 7/15/2023 nationwide:
409 new complaints
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Christie_1Say you have a private student loan and you have previously filed a bankruptcy.  Was your private student loan discharged?  I’m presuming you did not file an adversary case to obtain a specific ruling as to dischargeability of these loans.

  • What is Homaidan?

Loans that could have been discharged as beyond the cost of attendance, that portion that was over and above tuition, books, room and board etc. may be the subject of Homaidan.  My understanding is that you can remain a class member for a discharge of any amounts that are outside of the cost of attendance and you’d remain responsible for anything else.  You can also opt out and pursue relief on your own of that or the remainder of the loans, or seek alternative grounds for relief such as ineligible institution, non-dependent borrower or undue hardship.

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Christie_1For people granted TPD, who are also eligible for IDR AUDIT Forgiveness, Dept. is moving TPD people from TPD forgiveness to IDR Audit forgiveness.  While there is no 3 year income monitoring on TPD anymore, there still is a three year monitoring on TPD for things such as returning to school so moving them to IDR Audit forgiveness will give these people faster forgiveness.  

Forgiveness before 12/31/25 is very good!  That’s when the stimulus bill expires allowing for federal tax waiver on any student loan forgiveness (private or federal).  It’s also when the TPD discharge provision providing for tax free forgiveness has to be re-funded by Congress.  So forgiveness now is Great News!  Even if the IDR Waiver is somehow stopped due to someone filing a court case down the road, it is unlikely to unravel a forgiven loan.  Rather it would most likely stop anyone in the future from obtaining forgiveness.  Of course, someone who has already consolidated their loans for the IDR recount can argue that they relied upon the program’s rules when doing the consolidation, and that laches (a fancy legal term for delay) prevents the creditor from asserting that now.

This information will be processed soon.

Your Discharge Will Be Reprocessed as IDR Forgiveness

Account Number: XXXXX
Dear XXXX,


The U.S. Department of Education (the Department) discharged your Federal Family Education Loan (FFEL) Program and/or William D. Ford Federal Direct Loan (Direct Loan) Program loan(s) on the basis of your total and permanent disability (TPD) as of 05/01/2023. The Department has since reversed your TPD discharge because all of your loan(s) will instead be discharged on the basis of your income-driven repayment (IDR) forgiveness. We use the terms “you” and “your” to refer to the disabled individual who applied for discharge, XXXXX.


Because your loan(s) have been forgiven as they have accumulated time in repayment of at least 20 or 25 years, we, as your Total and Permanent Disability servicer, will transfer your loan(s) to Nelnet, who will work with you on the income-driven repayment (IDR) forgiveness. Nelnet will inform you by mail once the income-driven repayment (IDR) forgiveness is complete and which loans were included.


Please note that you will no longer remain in the TPD discharge program or be subject to the TPD three-year post-discharge monitoring period.

For additional information:
Please visit or email us at You can also contact us at 888.303.7818.


If you have questions about your income-driven repayment (IDR) forgiveness, call Nelnet at 888.486.4722 from 8 a.m. to 9 p.m. (Eastern) Monday, 8 a.m. to 8 p.m. Tuesday and Wednesday, and 8 a.m. to 6 p.m. Thursday and Friday. You may send mail to Nelnet, Attn: Claims, P.O. Box 82505, Lincoln, NE 68501-2505.


Your Total and Permanent Disability Servicer
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For those of you facing repayment of federal student loans:  some people are asking whether SAVE is restricted to certain years of loans like PAYE.  Nope.

SAVE is open to all Direct Loan holders, except Parent PLUS.   No disbursement restrictions like PAYE.  So, as long as you have Direct Loans, without any Parent PLUS loans consolidated into them, they are eligible.  If the Parent Plus code is not picked up by your servicer through a double consolidation, it’s possible that SAVE may apply.  But with the new Parent Plus Consolidation Indicator added to the National Student Loan Database we believe that loophole may be closing or has already closed.  We have no idea if this Indicator will apply to only new consolidations or if the Department or its servicers will go back and change someone’s SAVE, PAYE, REPAYE  or IBR to ICR as Congress intended.

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I just received this from someone who benefitted from our You Tube Channel:

  • After finally conquering my fear of addressing my massive student loan debt, I came across several of your videos on YouTube. On numerous occasions I felt as if you had my case right in front of you! The hope I immediately felt was indescribable!

Wow.  Love this.

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arkovich_law-narrowLots of folks bought second properties with a plan to do short term rentals through Airbnb or VRO — and now occupancy rates are dwindling, maintenance expenses are increasing, consumer disposable income is declining, and interest rates continue to soar.  While not yet an Airbnb bust, it is not the easy market it was back in 2020 and 2021.  Bloomberg covers some of the problems in its story this week Airbnb Hosting Isn’t What It Used to Be.

So far Florida’s short term rental market hasn’t been impacted all that much – despite the heat this summer.  But if the trends don’t reverse soon, many homebuyers will need to make some hard choices to get out from under the debt in a way that creates as much value as possible and with an intact balance sheet and credit report, before the decision may be made for them.

If this is you and you need help making a plan forward, please reach out to us.  Our practice areas make us uniquely able to find solutions – and the earlier the better in our opinion.  If times get tougher, it’s best to be one of the first out the door as opposed to getting trampled later.

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Christie_1The new IDR account adjustment going on right now may require that you consolidate your FFEL loans to Direct.  You may also want to consolidate differently dated Direct loans to one consolidation that will re-date all the loans to the earliest repayment date so you get as much credit toward your income driven plan forgiveness as possible.  This is particularly important for anyone who bifurcated their education and had a gap – no matter how small – between degrees.

There is much more information online and at your fingertips than you may believe.

You need to login to & download your TXT file covering all of your federal loans.  Each loan is listed and for FFEL loans, the Servicer, Lender & Guarantor are listed so you can tell if FFEL is owned by ED or not.  FFEL loans owed by ED are covered by the IDR waiver/account adjustment.  Generally though, if you have a FFEL loan with anyone, including the Department of Education, it usually is best to change it to Direct for multiple reasons such as PSLF, SAVE etc.  There can be reasons not to though – and we’d recommend a strategy session with us where we can go over whether you should consolidate, how to do it, and often be by your side talking you through it.

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Christie_1Pish posh on the 10k forgiveness the Supreme Court recently denied.  This is SO MUCH MORE IMPORTANT!  And a lawsuit was filed yesterday by the New Civil Liberties Alliance on behalf of the Mackinac Center for Public Policy and the Cato Institute in an effort to block it.  So take action now!!!  We are designating extra time over the next few weeks to make sure we are available to walk you through a consolidation and answer any questions you have.   This is expected to result in $39 billion in federal student loan forgiveness to more than 800,000 borrowers.  Don’t delay.  The litigants have already requested a temporary restraining order to put a hold on things.  I suspect that if someone gets a consolidation application in (online can take five minutes) before a TRO order is entered, they would still be counted for forgiveness (but that’s above my paygrade so we don’t really know).  Forgiveness that occurs under the recount will also be tax free as it will occur before the end of 2025.

IDR one time account adjustment:

For many years, student loan servicers steered struggling borrowers into forbearance instead of guiding them toward income driven repayment.  Income driven payment generally caps payments at no more than 10 percent of income, and ultimately leads to loan forgiveness after 20 or 25 years of repayment.  Many of these loan servicers also failed to accurately track borrowers’ progress toward forgiveness.  Some of these companies had no system for tracking payments and identifying when borrowers would qualify for forgiveness.

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