Student Loan Chaos Explained w/ Stanley Tate #1094 - podcast episode cover

Student Loan Chaos Explained w/ Stanley Tate #1094

Jan 28, 202643 minEp. 1094
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Episode description

The whiplash student loan borrowers have experienced over the past few years has been staggering. Payments paused, forgiveness promised, forgiveness blocked, repayment systems rewritten, and now wage garnishment is back on the table for some folks. It’s no wonder navigating student loans has become a specialized skill. Few people know that landscape better than attorney Stanley Tate. He’s helped hundreds of borrowers get out of default, qualify for forgiveness programs, secure affordable payments, negotiate settlements, stop garnishments, and even discharge student loans in bankruptcy. Through his blog, newsletter, and videos, Tate has offered guidance to countless others. Some of the topics covered today:

  • How much time borrowers in default have had to address the elephant in the room
  • Why income-driven repayment plans are crucial for many borrowers
  • Why private student loans are expected to see a resurgence
  • Borrowers often misunderstand their repayment options and forgiveness paths
  • How emotional decisions often overshadow financial reasoning in education funding
  • The biggest student loan mistake that his clients make
  • Living life fully is essential, even amidst student loan burdens
  • And much more!

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Transcript

Speaker 1

Welcome to How to Money. I'm Joel and today we're talking student loan chaos. We're explaining it with Stanley Tait. Okay, So the whiplash that student loan borrowers have experienced over the past few years has been staggering payments paused forgiveness, promised forgiveness blocked, then repayment systems completely rewritten, and now for some is wage carnis back on the table. Well

maybe we'll get to that today with Stanley. It's just no wonder though, that navigating student loans has become this specialized skill, and few people know the landscape better than Attorney Stanley Tate. He has helped hundreds of borrowers get out of default, qualify for forgiveness programs, secure affordable payments, and to go shape settlements. He's even helped people discharge

student loans in bankruptcy. And he's helping people through his blog, his newsletter, his videos, just offering really helpful guidance to a bunch of folks out there. So with all the recent changes and confusion, knew we needed his insight on how to Money. So Stanley Tate, thank you for joining me on the show today.

Speaker 2

Thanks for having me.

Speaker 1

All right, first question out of the gate, what do you like to suplore John? What's your craft bear equivalent? I know you're doing smart stuff with your money, Stanley, for your future, but you got to have some spurts in the here and now. Right.

Speaker 2

The splurge more recently has been on cigars. I joined a cigar lounge a few months ago and I'm really enjoying kind of like that pastime and being able to bond and fellowship with other people in shaer bourbers while smoking a stick. It's very relaxing there you go.

Speaker 1

That sounds like a nice way to wind down after a tough day of helping helping people out with their student loan questions.

Speaker 2

Oh man, absolutely, Just just being able to zone out and not have to think deeply about other people and what's happening in the world and what's going on. That's perfect, Yeah, mechanism for me.

Speaker 1

Sometimes we got to check out. That sounds like a lovely way to spend your time and money. Let's talk student loans though. Can you lay the framework of what's happening right now for the average student loan borrower? Like I know this is kind of a big question. But where do things stand right now on the in the student loan space from a macro perspective?

Speaker 2

All right, So you know that that's a really good question, and I'm never quite sure how to enter it because what's happening really depends or what you perceive is happening, depends on kind of your station in life. So if you're a new borrower, like someone just graduating, entering the payment market, like nothing really feels like it's happened, because none of this stuff is applied to you, or at

least it doesn't feel that way. And if you're someone who's had your loans for two plus decades and you watch rounds and rounds of people get loan forgiveness and get somehow you excluded, it feels like everything is happening, yet nothing has happened to you. And the way I look at it today is that we've had a lot of change since COVID March twenty twenty through today, and

it's been very tumultuous. Where As you kind of kicked us off that things have been one way forgiveness promise forgiveness taken away, repayment plan promise repayment plan taken away, and it just feels very dynamic environment, and I think we're in a very static environment right now where the Education Department under the Trump administration has made their major policy change by effectively killing the saved plan and leaving us with income based repayment option, and this new plan

coming down the pipeline is like your two primary options moving forward, and forgiveness programs day still exists, Public service loan forgiveness is still there, Twenty to twenty five year forgiveness is still there, and so nothing's really changed along those lines. Now there's some big changes happening with borrowing for future people, future generations, but that doesn't really have anything to do with your repayment if forgiveness options for

federals to loans, those of all stayed the same. And so if I were looking at it, say, I'll just say there's been a lot of dynamic things, but actually much is the same for you moving forward, broadly speaking.

Speaker 1

And one of the things I feel like in the past couple of weeks that we've talked about on the show that seems like it's a big deal was the threat of wage garnishment notice is being sent out right and so this month people were supposed to receive letters in the mail saying, hey, guess what you are. You've been in default, like you haven't paid your loan two hundred and seventy plus days, and so we're going to start taking money from your paycheck, maybe even from probably

from your tax refund as well. Why do you think the Education Department pulled back on that? And how nervous should borrowers who haven't paid their balance in paid on their loan in a long time, how nervous should they be?

Speaker 2

Well, a few questions insider are but one thing I want to make clear kind from the beginning is that Barrows and Default have had three plush years of opportunity to get out of default without consequence. And so if you're someone who's still worrying about this today, I think we have a larger problem about Okay, what does that mean for you to like, what will it take for you to get out of default? Finally, that's one part.

Now there's a consequence part of it decide, But I think there's a core question of like what does that even mean? Which I think goes beyond the scope put its call. But it's just something that troubles me because We've had these different programs. Fresh Start program, we had the on ramp opportunity, they still gave Barros opportunity to get out of fault. Then we had another year after

that for Bars to get out of the fault. And now finally, when wage garnishment notices go out, people start to freak out, like, oh my god, my wage's gonna be garnished. And yet the Department of Education pulled back. In your first question there is why did they do that?

And I think this goes back to affordability. This administration is struggling with affordability kind of concerns, and so now you're going to take out the one kind of resource that people rely on to either catch themselves up on bills or to get ahead a little bit, or stock something away for a vacation or something else like that. And so I think that could be really poor, a

really bad look, especially ahead of the midterms. The Department of Education collects something like sixty percent of its revenue for default and lungs through wage through tax refund offset. So I just don't think that would be a good look. But I don't think it has anything more with timing, because Bars have been given enough time notice ahead of time.

Speaker 1

So political calculation.

Speaker 2

I mean, I don't know what other explanation there would be, right, I don't have any insight into this, but you would say stopping it would be, oh, we need opportunity to get our systems up and running. But the Treasury offset program was always up and running unless Doge or some other actor went in there and cut it and kind of dismantled it and they found out later. That's also a possibility, but I think the more likely thing is this is not a good look for us from an affordability standpoint.

Speaker 1

So I'm going to read you a line that I found interesting in the press release when they said they were going to pause wage carsmen. They said that it will function more efficiently and fairly after the Trump administration implements significant improvements to our broken student loan system. What do you think they mean by that?

Speaker 2

No clue, what does that even mean? Because like the collections for offset are done by the Department of Treasury, it just flagged through there. So it literally is just clicking a button and taking a flag on or off to keep that money or to do this. So fixing a broken student losses when you're saying that did we miss like identify borros for default. I haven't seen that either, so I'm not sure what that means other than another dig at past administrations. And to be fair to this administration,

the system is broken. It has been broken for years, and we built a very complex product that is needed tweaks in kind of revision and is cracked under its own weight.

Speaker 1

I mean, I think that's so true. And then every time we try to get it back on track, like, we do it in half measures.

Speaker 2

I don't even know what the right full measure is, right like, and sorry to go aside here, but I always tell people, like, the reality is an educated population is good for the entire economy of the United States and global economy, and so it is equivalent to a public utility. And yet we don't treat it like a public utility where we subsidize the cost directly. Instead, we

pass it onto the backs of bars and taxpayers. And then we create these different programs that shield the Department of Educations books from these offsets for kind of like the subsidies for years until the bill becomes due down the line, and will deal with it there. And is it possible that we actually just need to consider that higher education, at least at certain institutions, should be free, and we may have to pay a higher tax rate to get that done.

Speaker 1

But that aside, No, no, I appreciate that. What would you say to somebody who is in default. They've seen those headlines and maybe they haven't even recognized or realized that, oh wait, they're not going to start garnishing my wages. Should how should they start preparing?

Speaker 2

I think the very first thing I would do is actually confront a head on. But I am a confronted head on person by nature, but I can understand kind of emotional psychologically, it could be a lot to think about this debt and like the impossibility of it all because oftentimes the people I meet they defaulted because they felt like there weren't any other payment options. But they

defaulted so long ago. The rules have changed so much that to just stay stuck and believe that there are no options today, I think it is a wrong approach. So I would say, if I were doing this, the very first thing I'll do is contact Default Resolution Group or student a dot Gov and look at your loans and then identify what will my payment options be? If I were to get out of default using one of the programs that the Education Department offers, and then the

next question is can I afford that payment? And the answer is yes, cool, I think that's a very strong vote in favor in getting out of the fault. If you say no, I can't, then you need to run a math on what is it going to cost you if you were being garnished in offset to say can I afford that? If I can't afford that, then even if I really can't afford to get out of default, that's probably the better mathematical option for me, even if it sucks for several months while I kind of dig

myself out this thing. And then kind of the last thing from there is like, if you run all the analysis and you can't get out of default, you can't afford the garnishment, then it's a tougher conversation about, well, how does bankruptcy work here to help me with this thing? Is that actually a workable solution?

Speaker 1

I want to talk about that, And maybe now is the best time to talk about that, because it does seem like for the longest time, discharging your student loans and bankruptcy was almost impossible, and the Biden administration did make some changes that might be one of the most the longest lasting or or biggest changes that could help people who really really can't afford to pay their student loans. What's happening on the bankruptcy front and discharging loans via bankruptcy in twenty twenty six.

Speaker 2

Well, the law itself hasn't changed all that much. So the law basically says that you can file bankruptcy and get rid of all your other debts for the most part, except for student loans, and only way to get rid of those is if you can show that repaying them are undue hardship. And that's been the law going back to like two thousand and four nineteen ninety seven as well,

but kind of evolved. The last time it really changed to two thousand and five, the bid administration implemented a law that was actually kind of brought up by Republicans through George Bush administration. Second that says, Okay, we're not going to set aside the law here, but we're going to create a different policy. Ultimately, Department of Education, we

own our loans. Maybe we could work out a policy about how we will analyze these and do a recommendation to the bankruptcy court about how this case should be handled. Changing the law, We're just changing how we view this particular situation. And so they created this process called the attestation process, which is basically just a sworn statement that

you work out. After you file the bankruptcy to discharge of student loans, you fill out this attestation form that discloses your assets, your living expenses, the history of your loans, education, etc. And you give that over to the Department of Justice

who represents the Department of Education. That DOJ attorney reviews your file and makes a recommendation to the Department of Education that yeah, we should get rid of all of it, we should get rid of some of it, or we shouldn't get rid of any of it, and then based on the recommendation, your case moves forward. Now there's a big kind of a report in the New York Times recently where they said, like eighty seven percent of ours who went through this process were able to get some relief,

either partial discharge or full of discharge. And so, yeah, it has become theoretically easier, at least with federal student loans owned by the Department of Education to file bankruptcy on them. Now, does that mean everyone needs to rush out and go file bankruptcy. Absolutely not. And does that mean that if you file bankerancy you have an eighty seven percent chance of success. No, it's just saying that based off of this category, bars will file. They had

a really high success rate. Now, there are some things that make people, you know, more ideal candidate for those than others. But that's really what happened. There's not a change in law, just a change in policy, and it has worked out really well for those bars who fit kind of some qualifications.

Speaker 1

And you say not forevery like if someone out there listening has a solid job and can afford their student loan payment reasonably, well, they're probably not going to be a candidate for getting their student loans discharge and bankas well. Yeah.

Speaker 2

I don't know. That's hard because there are some of your listeners who are quote unquote high earners, but they're single and they live in a high cost of living city and it feels very impossible to make their rental payment or a mortgage payment and pay their student loans and pay or other bills. So I wouldn't define it like in terms of Okay, categorically, you don't make it because you have a quote unquote good job. The way I think about it is a little bit more nuanced.

But let me give you an extreme example. There's this case out of Ohio where this young man graduates college and then files bankruptcy a year later. And this just happened like a few months ago. He files bankrucy and tries to discharge his stude loans and the Department of Education departments just like, get out of here. You haven't made a good faith to repay your loans. So no matter what his hardship was, it was only short lasting. He just graduated. That's not a good candidate. Someone who

is a good candidate. Maybe at the other extreme, you are in your late sixties and you've had your loans for twenty years and your income is fixed and there's no possible way you could ever pay these loans off. That's a good example. And then there's a middle ground. There's someone who may be earning ninety thousand dollars a year, but they're divorced, they're paying child support to their ex, and their monthly bill is still fifteen hundred dollars a month.

Hundred student loans and they're like, I cannot do this while upholding all my other obligations. That may be someone who is worth having a conversation about. Even though they have a good job and they're not really broke, they just can't keep up and if something does happen, life happens, everything falls apart. That's someone to have a good conversation with.

Speaker 1

Is and is that a dili process? Lets someone let's say someone's identifies themselves in a position like you're describing, and they're like, yeah, no, like it's it's become almost impossible for me to pay and I don't see a way that I'll ever be able to do. They need to hire a professional, a lawyer who specializes in this, or is this something that they can like they can take on the system themselves.

Speaker 2

All right, so let me ask this by way of example. I don't think anyone should ever perform surgery on it. It makes no sense. But could you theoretically represent yourself in this thing? Yeah? And I remember, I've got quotes to build a fence in my backyard, a nice modern verticence,

and the quotes I thought were outrageous. They wanted like twelve thousand dollars doing I was like, you know what, this is like three thousand dollars worth of kind of materials and maybe two days of labor, and I'll handle it myself. And I'm doing this in Saint Louis. It's one hundred and five degrees outside, and I'm mixing twenty five bags of fifty pound bags of concrete by hand because my dumb self didn't realize to get rent a mixer.

And I was like, this was a terrible idea. But along the way, I get the fence in and the fence looks great, and I'm so proud of myself. Two weeks later when came by and knocked that thing the hell over it because I didn't dig the post love enough. So did I need a professional that standpoint to get a fence up? No? Is it beneficial to kind of plan for things that you don't consider things like that? Absolutely?

Speaker 1

Yeah, Okay, I appreciate that. I want to talk about income driven repayment plans. Take a quick break and we'll talk about the changing system there. In just a second, we're back still talking with Stanley Tate, talking about the student loans and kind of what's happening right now in the space, and one of the big changes Stanley is two income driven repayment plans. They keep changing. The SAFE plan gets rolled out and people are like, ooh, thrilled.

You know, for a lot of people, it's going to mean their their payment is non existent or close to it. And now that's that's not gonna be around much longer. I CA it's in the process of being dismantled. What how should borrowers decide which plan is best for them now? Especially with RAP coming down the pike.

Speaker 2

Yeah, so the RAP plan is not yet available, but that's the newer payment Assistance plan now is created by the Trump administration that also ties payments based off of your income and family size. That'll likely be available sometime this summer. But if you're someone who's in saved and you've been stuck in for bands and you're trying to figure out where to go next, I think everything starts with the numbers. So you start by just running the

number saying what will my payment be under? The remaining plans for the vast majority of people is going to be income based repayment or pay as you earn are going to be their two primary options there, at least for income based options. And if you look at those numbers and you're like, cool, I can swing this, then you'd likely want to enroll in one of those plans.

The only I say likely because the only kind of factor that changes is if safe, what's cheap enough for you where you could realize the benefit of loan forgiveness over time, then it makes sense for you to stay

in that plan that working towards loan forgiveness. But it is possible that you flip over the pay as you learn or IBr that you may not realize the benefit of forgiveness or may not have as great as value to you, and you may need to switch over to a repayment plan not based on your income but actually based on paying it off. And so that's where it

gets a little tricky. I think the direct answer for most people is are is that you go look at income based repayment or pay as you earn if you're eligible, and just say can I afford the payments? And if you can today, then you probably make that switch. And if you look at it and say, well, I'm probably not going to get a lot of forgiveness over here,

I'd rather just pay it off. Then you need to look at other plans like extend the graduated your standard that amthortize a debt that paid the loan off over time, rather than relying on forgiveness that you may no longer believe in because of what's happened with strough loans.

Speaker 1

If you're in forbearance on the safe plan and you know at some point you're going to need to move, you're gonna be forced essentially to get onto another plan. Does it make sense to stay put for the time being or does it make sense to start assessing your options and particilarly moving beforehand.

Speaker 2

For the vast majority of people, it just comes down to affordability. Like, once they lock in on what are my plan options, the next question is should I move today or not? And that just is an affordability question. And so if you're someone who can afford it easily today,

then I'm not sure what you're waiting around for. But if you're someone who needs to kind of cut things, pay other things off, et cetera, or it's going to be really really tight for you when to move happens, you'd rather delay that pain, then it makes sense to delay, So there's no wrong or right answer. You should do this or it shouldn't do that. It's really kind of like just starting with can I afford this new payment that's had it my way? Yes? Can I do it easily? Cool?

I think you should move today. But if you're someone's like this really sucks, it's gonna be hard for I need to do other things? Can you hold off as long as you can? Okay?

Speaker 1

What about tell me more about the rap plan that's coming around in July?

Speaker 2

Is that right? Yeah? So, well, we we think July. We're not sure legally it's supposed to be by July, but who knows. But this rap plan is like IBr. Like SAVE, it offers payments based off of your income and your family size. It also promises loan forgiveness after X number of years of pain on it Now. Like SAVE, it also offers an interest waiver, so any unpaid interest is waived on a monthly basis. But unlike any other

program that's ever existed, it does one other thing. It makes a payment of up to fifty dollars towards your principal balance, So not only is your balance not growing, but could also decrease over time. Just by application of the program not as great, but there's a trade off. The trade off is unlike any other program, it is

much longer in terms of loan forgiveness. So we're save offered long forgiveness as early as ten years, pay as you earned, offered long forgiveness after twenty years, and IBr after twenty to twenty five years. RAP offers it at thirty years. So now you have to wait five extra years for this thing, and that five extra years could be really costly to you. It could also not just financially, but also emotionally and kind of mentally just the load

of carrying it. So that is the trade off, but it does have a lot of ups to it, upsides to it.

Speaker 1

Yeah, it's kind of insane to think about people having their student loans as long as they have a mortgage.

Speaker 2

But why is that insane? Sure, I understand because like globally, this isn't like out of control like in the UK. That's what they do. You pay on it for up to thirty years and then it retires at a certain point. The same thing with Australia, so we're not out of step like and I can criticize this administration on a lot of things, but this plan isn't out of step with that. But I do agree that, wow, this education that I got, I'm caring it for as long as

a mortgage. But also, you don't have to choose these programs, right, You could choose to do something else.

Speaker 1

Well, And I think that's one of the things we talk about regularly on the show is what degree are you getting, how much are you paying to get the degree? What is the value in return for going to school? And clearly the a lot of American people have lost faith in the value of a college education. They don't see it as valuable as it used to be. And I think a large part of that isn't because the education has degraded so much. That might be a little

bit of it. I think it's because the costs have risen so much, and so that degree that I could have gotten for thirty grand, well that seems reasonable. If that same degree costs one hundred and twenty, then it feels far less enticing. And you have to really run the numbers as a high school student and parent of a high school student before you decide to lack yourself to student loans of that magnitude.

Speaker 2

Yeah, I really wish people actually did that more, because I talk with a lot of bars and they are aware of the financial cost of things, but the emotions went out, especially if they have like an older child that they already paid and made a mistake with, they feel like now somehow they're depriving the second and third kid of the similar opportunity. So they're making an emotion decision no matter what the math says. And then there also there's other times when the thing they're solving for

is not what makes the most financial sense. It's the thing that makes me feel good about myself. Well, my kid got into this school, so I'm gonna find every way I can to pay for it, even though it's going to wrecking financial or make things really difficult for me. And so that's always the hard part is I find that people aren't really making dollars and cents decisions, They're really making emotional decisions that are guiding the way there.

Speaker 1

One hundred percent, I think you're right. I think there's a lot of that and uh, and yet you pay the price for it, if that's if that's if you let the motions be there, you.

Speaker 2

Pay the price. Tax Payers pray the price at August kind of who price is paid to cost for? Do you?

Speaker 1

So when somebody listeners are out there thinking about which repayment plan makes the most sense for them, is the lowest payment typically the best thing to prioritize, or who out there should be focused on paying off their loans faster?

Speaker 2

Yeah, So the rough kind of back of the envelope math I do is if you're you're someone who has a reasonable shot of paying off your loans if your income to st loan debt ratio is like one point twenty five to one. So for example, if you all one hundred and twenty five thousand dollars in still loans and you ma one hundred thousand dollars student loans, I'm sorry an income, you have a reasonable shot at paying back the debt. And if you're one to one, that's

a greater shot. And if you're like, you know, zero point five to one, even greater shot. You're not really on a forgiveness path. But anytime you start creeping up past at one point twenty five to one, then forgiveness becomes more the laying you have to operate on just by way of math, unless you have other people subsidizing your cost of living for an extended period of time, because there's just no other way to make it work. The amortization schedule is going to eat you alive.

Speaker 1

How so I read about the new student loan lifetime borrowing cap. How impactful is that going to be for people moving forward? Because before and in some ways like it was pretty bad because you could borrow as much as you wanted and that created a problem too. It seems like, so is this going to be helpful in preventing people from borrowing more than they would otherwise be able to pay back?

Speaker 2

Well, I don't know if it's going to prevent come from borrowing more than it otherwise would be able to pay back, but it's going to mitigate how much taxpayers are kind of carrying this burden of individual borrows. And like, this was a time when it was uncapped limit on borrowing and now there's a cap, and so it just mitigates how much you can borrow, but it doesn't guarantee

a return on investment for that person. And so I think there's going to be a very messy middle of borrows who were caught in between because there was no real off ramp for people that are have already started a process of borrowing, there is some. But if you are someone who has, for example, parent plus loans today for a kid in year one, your repayment options go away. If you borrow alone after June thirtieth this year, you can only there's no longer income based options. It's you

have to pay it back. Well, how does that work out for someone who was already planning on income based and that was their game plan for it. There's no longer option, So does it will there's work long term? Likely yes, until some other problem presents itself and then it no longer works and we need to adjust. Will there be people that are absolutely crushed along the way one thousand, because that's just the nature of changes. Will

this be better for us overall? I hope because right now we have to admit it's kind of ridiculous that you will spend one hundred thousand dollars a year on an undergraduate education. That makes no sense. Yeah, there's no degree that's going to pay that back over four years. There's no job where that works out.

Speaker 1

Do you think there's going to be more potential need for private student loans? Like, for a minute, there it seemed like private student loans where nobody needed them, Like the rates were incredibly low at the federal.

Speaker 2

Private student loan lobbyists got their money over the last couple of years.

Speaker 1

What do parents need to know about private study?

Speaker 2

Yeah, private school loans, they're going to have a resurgence just because by nature of barrows, the visions aren't going to change in terms of the schools that they want to go, but they're going to leverage themselves even further by taking out these private stodol loans. And there's gonna be a rush over years one and two by these lenders to snatch up all the prime borrows they can.

And then in years three, four or five, we're gonna move on to subprimes and the rates are gonna be upward to fifteen, sixteen, seventeen percent, and then we're gonna have a cliff in year six, seven eight, where like there's nothing left in people aren't able to afford it, and they thought they were gonna be able to pay it back and they weren't. And the economy's gonna change

on us. But for right now twenty twenty six, twenty seven, twenty twenty eight, Yeah, I think private lending is going to be awesome.

Speaker 1

Wouldn't you say awesome? What do you mean?

Speaker 2

That means there's gonna be a lot of transactions being made to people borrowing private student loans, because that's just the nature of But I don't think it's the I don't know if it's necessarily the right decision for people, because by awesome for the lender, maybe not awesome for the borrow but they're getting what they want and what they contracted for, which is this money to pay for school, and then they're going to have this opportunity to kick

the can down the road while their kid is in school, and then when they exit, the problem is going to hit and they're not going to know what to do. And we saw this during COVID, where people had private student loans and they graduated, job market was trashed. Kid owns two hundred thousand dollars. Parents co signed on it, grandparents co signed on it, and there's no opportunity to ever pay us loans off. And now we have to

have difficult conversations about settlement and bankruptcy moving forward. But the lenders made out well.

Speaker 1

And that's because right there are no regulations in place on private student loans the way there are on federal or very few.

Speaker 2

Right.

Speaker 1

So there is no income based repayment with private student loans, right.

Speaker 2

Nor why would there be. They don't have the same societal interest in having an educated population population the same way as the government does, so why would they subsidize it. You're borrowing something that we recognize you can't afford to pay back, or you're not a good bet to pay back. That's why your co signer is there to backstop it. But that's not the nature of how things. People have

these conversations. They say, I'm gonna take out these loans for you as a kid, but you're gonna pay it back, and the kid it's like, yeah, I'm gonna pay it back and into a job market where oh my god, this is trash. But it's been this way for years, where like, I don't know about you, but it took me six to eight years to get my kind of like adult bridges on where I actually could feel like I can handle in. My income kind of stabilized out and I was able to start like really planning for it.

But that didn't happen in year one. I know very few people that's the case for so the parent ends up on a hook anyways, but they don't think about it that way, and so they just end up over committing to a thing and it becomes a problem down the road.

Speaker 1

So would you say private student loans are the worst kinds of borrowing the individuals can do? Should those be off the table? Does that mean if you have to resort to private student loans you should be looking for a cheap option for school. You should be finding other ways to help you pay for it. You should be getting a part time job.

Speaker 2

Is it just?

Speaker 1

Is it that cut and dry?

Speaker 2

I don't think so. And this is where I made a terrible interview because I can just say it do this or that? Because what problem are you solving for? Right? So, once you run out of federal student loans, you need to be able to pay for it. What are your options? You may have equity that you could borrow against your home. Do you do that? Do you borrow from family or friends?

Do you take against your retirement? Or do you take out a private stoodl loan that has an interest rate that you may not be able to pay back, But it doesn't put your It may not put your house in jeopardy the same way. It may not do this or that or retirement. So could you do that? Like? Yeah, I think they serve a purpose as long as you understand what are the pros and cons of them. Then if the problem you're trying to solve is I need to get my child into this school, and I will

do that by any means necessary. Who am I to stand in your way and just say don't do that. That's a terrible idea. Yeah, we could all agree it's a terrible idea. We're gonna do it anyways, because solving a different problem. Yeah.

Speaker 1

I got more questions to get to with Stanley, including what about getting your advice student loan advice from the internet? How does he feel about that? And also what's going on with the education department that's supposed to be defunct. We'll talk about that and more. Right after this, I'm talking with Stanley Tap. We're talking about the student loan chaos and trying to make some sense of of the changes. And Stanley, appreciate your level heads as student loan policy

has shifted. What are the most common misunderstandings that borrowers are having right now? And maybe what are your clients most worried about.

Speaker 2

I think the common misunderstanding is just like how I have people who want an affordable payment, but they also are worried about the interests accruing, and then they also want to work towards loan forgiveness, but then they don't trust the loan forgiveness is going to happen, and so they play this like messy middle playground of Okay, I mean take the income base for payment option pay less, and then when I get a large chunk of cash cash, I'm gonna just make a contribution towards one of the

loans to try to pay it off. And that seems good on paper, but it actually doesn't. That doesn't how not really how life works out, because you can't really ride two horses at one time the way people would try to do. There. If you need the lower payment, then you're not really aromatizing the debt and the interest is going to grow. But the game you're playing is

a forgiveness game at that point. The strategy you're on is working toward long forgiveness after twenty to twenty five years, So it really doesn't make any sense for you to try to pay extra on the interest, but you're psychologically worried about it, and so you want to do something about that because it freaks you out. But again, stud loans are operating by a totally different set of rules unlike your other debt. No other debt comes with loan forgiveness the same way, So you have to lock into

that strategy. Now, if you're someone who doesn't really trust it and you don't think it's going to be there, then maybe you should instead of making periodic lump sum payments, perhaps you take that lump sum of cash that you have available and put in the high yield savings account and until keep stocking that away, socking away, socking away, and then when you can afford to pay off the whole thing, now you make a decision, do I keep working towards loan forgiveness or do I take out this

money I saved and just pay it off and be done. But trying to ride two horses at the same time doesn't really work out. And that's like one of the biggest misconceptions I see all the time, that it actually hurts borrowers.

Speaker 1

What so for people who truly are worried about loan forgiveness, options going away. What would you say to that.

Speaker 2

Person, I say, I understand your concern, but we haven't seen that yet in thirty years. And this has been the most aggressive administration in overhauling STOO loan programs moving forward, and they didn't get rid of any forgiveness programs. They cut SAVE, but they're still a path forward to get income driven repayment forgiveness. And be technical here, Income driven repayment ID ideas and DOG describes a CA gegory repayment

plans based on your income. Inside of that category, they're saved IBr ICR and then paigeorn your credit under save your credit under page EARN is fully transferable to any other plan in that category. So the government under this administration has left forward that type of forgiveness. I don't see that going away for existing borrowers moving forward, but I can see the government stop offering it in the future for new bars. But if you're someone with a loan,

I don't see that going away. I understand people with concerns about public service loan forgiveness and kind of changes that we're being talked about there that may be coming down the pipeline in the future, but PSLF still exists. People are still getting forgiven today, So I don't think you need to worry about that today. But if you are worried, set that money aside, hold on to it, and when you have to make that decision the future,

then make it. Then I don't see that there's any need to get ahead of it today.

Speaker 1

What sort of bad information are you seeing out there in the student loan pay pretty much everything on I was gonna say, TikTok and Instagram reels have to be big culprits.

Speaker 2

No, No, I think the biggest thing really is related towards loopholes for forgiveness. There aren't any loopholes for forgiveness. There are literally like four main paths towards relief. There's public service loan forgiveness because you work for the governor or nonprofit. There is twenty to twenty five years forgiveness because you pay based on your income on on one

of those plans. There's totally permanent disability because you become totally're permanently disabled according to your doctor the VA of Social Security. And then there's borrow defense to repayment for people who went to these kind of schools and advertise in the middle of the day on Jerry Springer and things like that, and that's the full kind of like nature. There's these small other programs, but for the most part,

there are no loopholes here. And so I think the most important thing to remember is that there's really not an easy way out of this. We have to figure out am I on a pay it off strategy? Or am I on a forgiveness strategy? And once you lock that in, the question it becomes when do my facts change enough where I move from say forgiveness to all pay it off or pay it off to a forgiveness.

And because it's not a decision that you make one time, it's a decision I think you analyze at least on an annual basis where you're saying, am I still on the right path forgiveness or pay it off?

Speaker 1

What's the current status of the Education Department in the aftermath of the twenty twenty five executive order, Like, it's not supposed to be around much longer.

Speaker 2

Right, I don't, So the current status is they still exist, they're still processing things, and there's talk about offloading the loans to different departments, maybe Department of Treasury, maybe SBA, but none of that has happened as if yet, and even if it does happen, it doesn't change, kind of like your obligations on the Daniel or payment plans moving forward, that will still be there. But right now the Department

of Education exists. It is crippled, undoubtedly if this word table with four eggs, it will be on its last leg right now, and yet it's still trudging along and working so well. May there be some changes before this administration leaves office? Possibly? Do I think that's likely given everything else that's going on. No, but could Linda McMahon as acting Secretary find a way to really close down

this Department of Education for good? Maybe? But I don't know how that changes anything to do with your repayment and forgiveness options except for possibly more likely delivering you an even less effective customer service solutions moving forward.

Speaker 1

All right, last question, what parting words of wisdom do you have for people who feel like their student loans are burden some and they want I don't know, it doesn't even have to be specific advice like get on this plan right and obviously every situation is unique, But what would you say to those folks who feel like they're struggling in nervous about repaying their loans.

Speaker 2

Is this a podcast where I get to cuss?

Speaker 1

No, we try to reframe, Okay, So the.

Speaker 2

Way I would say it would be more direct than how I'm gonna say it here, which is like, live your best freaking life possible despite the student loans. Don't pass up love, don't pass up jobs, don't pass up other things because you're worried about the student loan debt. We will find a way to tackle the student loans and to make them fit around your life, but it

does come at cost. We may not get rid of them as aggressively as you would like, and yet you will have that love that you were holding out for. I see far too many people that stop living life because the thought of this debt hanging around forever freaks them out. But it's not even just the thought. It's the thought that is uncoupled from actual kind of consequences of understanding what are the real consequences here, and then what are my real options available. I'm not promising anyone

that she'll have a perfect solution that works. It doesn't exist. Yeah, but can we mitigate the damage that allows you to kind of balance everything. Absolutely so I always want people to live their best freaking life possible despite their student loans. And we'll find a way.

Speaker 1

Forward, dude. Great way to end it, Stanley Tate, thank you so much for joining me. Where can how the money listeners find out more about you and your content.

Speaker 2

You use this place of though is just check us out at t DSQ dot com or if you pop in Stanley Tate Lawyer, it is gonna pop right up.

Speaker 1

Awesome. We'll link to you in the show notes too. Thanks Stanley, Thank you. Oh man, what a great combo with Stanley Tate. And I just appreciate too. In an area of incredible headlines and a lot of change, there's there's just a lot of freak out in the student loan space, and I feel like Stanley is such a solid presence with good advice without being over overly reactionary.

And I just think we're in a time where and I get it, I totally get it where there are abundant reactions and a lot of fear and I think Stanley cuts through that really well by offering his thoughts and advice and insight without just being like hair on fire and so what he said too. I love this. I think it makes total sense that a lot of people. My big takeaway is that he said, pick a strategy

and stick to it. You can't ride two horses at the same time, and it's understandable why someone would say, well, I just I don't know that I trust you, know, forgiveness to stay around, and so I feel like I have to do both of these strategies at the same time in order to feel comfortable. And then even at the end right what he was saying was like, live your life, and it's really it's really hard. I think it's really for a lot of folks. It's become easy.

It's become normal to let student loans influence a lot of life decisions. And I just appreciate his way of thinking, saying, well, they can't change every future decision you make, and they

might be with you for a while. Whether you are on the income driven repayment plan and you're saying, listen, I'm gonna try to pay these loans off in quicker than before, you know, trying to get some sort of forgiveness, or whether you're on the long term forgiveness route, there are there are ways I think to despite the impact of student loans in your life, live your life, and to not allow those to dictate most of the choices you make are many of the choices you make, whether

it's about love, starting a family, all that kind of stuff. So I thought, yeah, Stanley had a lot of good insight. If you are interested to hear more from him, I will put links to his YouTube channel, his newsletter, his newsletters spot on every time it comes out, and just if you are in the uh hey, I need to help in hand in the student loans space. Stanley's definitely a great place to turn. But that's going to do

it for this episodisode. I hope you enjoyed it. We'll see you back here on Friday for a fresh Friday Friday flight. Until next time, best Friend Out.

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