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URL: https://studentaid.gov/borrower-defense?utm_source=govdelivery
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BORROWER DEFENSE LOAN DISCHARGE



If your school misled you or engaged in other misconduct in violation of certain
state laws, you may be eligible for “borrower defense to loan repayment,”
sometimes shortened to “borrower defense.” This is the discharge of some or all
of your federal student loan debt.

IMPORTANT: The COVID-19 payment pause for federal student loans will end on Aug.
31, 2022. If you applied for borrower defense, you might stay in forbearance
after this payment pause ends. Visit the Borrower Defense Updates page for the
latest information on borrower defense.




APPLY FOR BORROWER DEFENSE

Apply if you believe your school has misled you or engaged in other misconduct.

Apply
Download PDF


MANAGE MY APPLICATIONS

View your application history or details, or track and update your application.

Manage Applications
Who should complete this?
Federal student loan borrowers who


 * attended a school that you believe misled you or engaged in other misconduct,
   or
 * can demonstrate that the school violated state law related to your loan or to
   the educational services provided.

30 Minutes
How long will it take?
An application for one school takes approximately 30 minutes.
What do I need?

You need the following information or documents:

 * Verified account username and password (FSA ID)
 * School name(s) and program of study
 * Your enrollment dates
 * Documentation to support why you believe you qualify for borrower defense and
   to demonstrate financial harm to you, if applicable


LEARN MORE ABOUT BORROWER DEFENSE

Visit the Borrower Defense Updates page to learn about ED’s recent announcements
related to borrower defense.



Please read the following question and answer section carefully to learn about
qualifications, requesting forbearance or stopped collections, notifications
about application decisions, and the Sweet v. Cardona (formerly Sweet v. DeVos)
and Manriquez v. Cardona (formerly Manriquez v. DeVos) lawsuits.

Find information about the Vara v. Cardona (formerly Vara v. DeVos) case.



Does the borrower defense discharge apply to all loans I took out to pay for my
program?
No. This borrower defense discharge applies only to your Direct Loans. This
borrower defense discharge does not apply to private student loans or other
loans you may have received from programs administered by federal or state
agencies, including other programs administered by ED. 

ED will proceed with the applicable discharge of your Direct Loans. If some of
your federal student loans are Federal Family Education Loan (FFEL) Program
loans and/or Federal Perkins Loan Program loans, they are not eligible for
discharge under the Borrower Defense to Repayment law or regulations.
I attended Corinthian Colleges. What do I need to know about applying for
borrower defense?
Borrowers who attended Corinthian Colleges (Everest, Heald, and WyoTech) with a
first date of attendance between July 1, 2010, and Sept. 30, 2014, and are
seeking federal student loan discharge through borrower defense will complete
specific questions within the application. For more information about discharge
of federal student loan(s) used to attend Corinthian Colleges, go to
the “Information about Debt Relief for Corinthian Colleges Students” page.
I submitted a borrower defense to repayment application. How will I be notified
of the determination made on my application?
The U.S. Department of Education (ED) notifies borrower defense applicants
through email of ED’s determination about borrower defense discharge
eligibility.

If you have questions about your email that aren’t answered below, call our
borrower defense hotline: 1-855-279-6207. Representatives are available Monday
through Friday from 8 a.m. to 8 p.m. Eastern time (ET).
Can I apply for borrower defense if I have additional allegations?
Yes. If you wish to file a new application regarding acts or omissions by your
school other than those described in the borrower defense application identified
in your notification email, submit an application. In the new application,
explain in each relevant section the basis for any new borrower defense claims
and submit all supporting evidence.
What happens if my borrower defense application against the school is
successful?
Your federal student loans related to your application may be discharged
partially or completely. If you receive a partial discharge, you will be
responsible for repaying any amounts that are not discharged through borrower
defense including any interest that accrued. Also, at that time, the forbearance
or stopped collections period for any of your other federal student loans will
end. You will be responsible for repaying those other loans, if applicable,
including interest that accrued during the forbearance or stopped collections
period.
Will prior payments be refunded after my discharge is applied?
When a borrower defense claim is approved, a time limit applies for receiving a
refund of payments you made on your federal student loans. We will inform your
loan servicer whether you applied for borrower defense within the applicable
number of years of separating from (leaving) your school. 

One of two things will happen. 
 
 * If you applied within the applicable limitation period and your loan payments
   exceed the amount owed after your discharge is applied, you will be eligible
   for a refund of payments. Your loan servicer will apply the borrower defense
   discharge to your student loan account and then determine whether you still
   have an outstanding amount (balance) due on any Direct Loans. If a balance
   remains on your account after the discharge, your servicer will apply any
   prior payments made on the discharged loans first to the remaining balance of
   your discharged loans and then to the balance of other Direct Loans on your
   account. If no balance remains on your account, your servicer will return the
   refund amount to you. 
 * If you applied outside the applicable limitation period or your loan payments
   are less than the amount owed after your discharge is applied, you will not
   be eligible for a refund of payments. Your loan servicer will not apply any
   prior payments made on the discharged loans or return any refund amount to
   you. 

Your loan servicer will let you know if you are eligible or ineligible for a
refund of payments. 
What happens if my borrower defense application against the school is denied?
You will not receive a discharge of any of your federal student loans and the
forbearance or stopped collections period will end for all of your loans. You
will be responsible for repaying these loans, including interest that accrued
during the forbearance or stopped collections period.
What if I don’t agree with the decision made regarding my borrower defense
claim?
If you disagree with ED’s decision, you can ask ED to reconsider your borrower
defense application. You can do so in one of two ways:   
 
 1. Mail your request to U.S. Department of Education, P.O. Box 1854,
    Monticello, KY 42633. 
 2. Submit a request from the Status Center by selecting your case. If your case
    is eligible for reconsideration, a “Request Reconsideration” button will be
    available in your Case Details.

In your request for reconsideration, provide the following information:   
 1. What you think was decided incorrectly  
 2. Why you believe the decision was incorrect
 3. Any evidence that you believe establishes that you are eligible for a
    different decision   

We will not accept any request for reconsideration that includes new allegations
of misconduct by your school. If you include new allegations of misconduct by
your school in your reconsideration request, the request will be rejected. You
must file a new application regarding acts or omissions by your school other
than those described in the borrower defense application identified in your
notification email, by submitting an application. In the new application, you
should explain in the relevant sections the basis for any new borrower defense
claims and submit all supporting evidence. 

ED will not place your federal student loans into forbearance or stopped
collection activity when you file a request for reconsideration. In addition, if
your borrower defense claim was approved, ED will not begin its review of your
request for reconsideration until your federal loan servicer notifies you that
the discharge has been completed.      

For more information about reconsideration, contact our borrower defense hotline
at 1-855-279-6207 from 8 a.m. to 8 p.m. ET on Monday through Friday.  
Still have questions? Visit the Help Center to learn more.
Visit Help Center
Contact Us


CONTACT AN AGENT

1-855-279-6207

MAIL BORROWER DEFENSE

U.S. Department of Education
Federal Student Aid Information Center
P.O. Box 1854
Monticello, KY 42633

Or,

Reply to the most recent email with a reference ID in the subject line that you
received from us.
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