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Student Debt Crisis Affects Both Students and Parents

Monday, February 20, 2012

The National Association of Consumer Bankruptcy Attorneys recently released a report into the burgeoning problem of student debt in the country. The report titled The Student Loan Debt Bomb: America's Next Mortgage-Style Economic Crisis?’ contains several findings that are no surprise to any California bankruptcy attorney. However, consumers may be unaware of exactly how widespread the problem has become.

As the report indicates, it's not just college students who are struggling with massive debt. Much of the debt is now being carried by parents who took loans for their college-age students. Loans to parents for the education of their children have increased by 75% since the 2005-2006 academic year.

According to data, federally backed educational loans given to parents comprise up to 10%, or $100 billion of the $1 trillion that is currently outstanding in student loans. Parents now hold an average of $34,000 in student debt, and over a ten-year period, that figure could rise to about $40,000. Among students who graduated in 2010, approximately 17% had parents who got loans for their children.

Another interesting fact that emerged in the report is that borrowing is up not just for the below-24 age group, but also for the 35 to 49 age group. In fact, borrowing has grown substantially for this age group, and this is probably an indication that during a recession, many mid-level professionals had to go back to college to bolster their employment and promotion prospects.

California bankruptcy lawyers note, the report also found that loan delinquency is widespread. Out of the class of 2005 students who began paying back their loans after they graduated, about a quarter became delinquent at some point in time, and about 15% defaulted on their loans. On government loans, the default rate was high as 20%.

California Opts out of Mortgage Settlement between Lenders, States

Monday, February 06, 2012

California Attorney General Kamala Harris continues to hold out against participation in a proposed foreclosure settlement between lenders and states. Harris has long held that the proposed settlement is inadequate and unfair, and has balked at a settlement that would block any investigation into mortgage loans. Harris had also objected to an earlier version of the settlement that had been proposed in September.

With California's objection to the deal, the value of the settlement would stand at about $17 million. The settlement could benefit as many as 750,000 Americans who could receive checks for as much as $1,800 under the settlement. That number is just 50% of the population that might actually be eligible for assistance under the terms of the settlement.

Since the housing crisis hit, it has been estimated that about 8 million Americans have been affected by foreclosure. California has some of the worst foreclosure problems in the country. But that doesn't mean that state authorities are in a hurry to rush into any kind of settlement.

According to Attorney General Harris, any acceptance of the terms of the settlement would mean that she will not be able to file civil charges against the mortgage lenders who were responsible for the housing crisis in the first place. Many of these mortgage lenders wrongfully foreclosed on properties using a procedure known widely as robo-signing.

In many cases, California foreclosure attorneys have found that companies used robo-signing to foreclose on properties. Under this process, employees used fake signatures to sign foreclosure paperwork. As part of the settlement, many families who had their properties foreclosed on because of robo-signing would receive compensation from the banks.

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