Debt Relief Law Center

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Law Offices N. James Turner

We Fight Student Loan Lawsuits

Student Loan Lawsuit Defense Attorney

Orlando Student Loan Attorney – providing affordable legal services concerning Student Loan Lawsuit legal services, for residents of Orlando, Kissimmee, and throughout Central Florida.

We have handled more student loan lawsuits in Central Florida than any other attorneys.   And, we have been successful in helping consumers either be completely relieved of the debt or have significant principal reductions and generous payment plans.

Private Student Loans

Private companies may offer you loans and other forms of financial assistance for your education. They often use direct mail marketing, telemarketing, television, radio, and online advertising to promote their products.

Paying for education is a major, long-term financial obligation. Therefore, comparing the costs of different ways of financing your education is so important. Private loans tend to have higher fees and interest rates than federal government loans. Private loans also do not offer the opportunities for cancellation or loan forgiveness that are available on many federal loan programs. So it makes good financial sense to exhaust your federal loan options (as well as grants and scholarships) before considering loans from any private companies.

National Collegiate Student Loan Trust

The National Collegiate Student Loan Trusts (the “Trusts”) hold more than 800,000 private student loans through 15 different Delaware statutory trusts created between 2001 and 2007, totaling approximately $12 billion.  The loans originally were made to students by private banks.  The Trusts provided financing for the student loans by selling notes to investors in securitization transactions.  The Trusts also provided for the servicing of and collection on those student loans by engaging third-party servicers.  However, the Trusts themselves are passive special purpose entities lacking employees or internal management; instead, to operate, the Trusts relied on various interlocking trust-related agreements with multiple third-party service providers to—among other things—administer each of the Trusts, determine the relative priority of economic interests in the Trusts, and service the Trusts’ loans.

National Collegiate Student Loan Trust has filed a large number of lawsuits against consumers in the Central Florida Area. Many of these lawsuits are defective on their face. No allegations of assignment are alleged in the complaint. Our firm has had success in defending these cases.

In order to be successful in suing on a promissory note, the plaintiff must be the holder of the note. An assignment of a promissory note, or the right to enforce it, must pre-date the filing of the lawsuit. A plaintiff must have standing to file suit at its inception, and may not remedy this defect by subsequently obtaining standing.

Another common defect in the collection cases filed by National Collegiate Student Loan Trust is the failure to give notice of assignment. Section 559.715 of the Florida Statutes requires that notice of assignment be given prior to the filing of a lawsuit.

The trusts “sued consumers for student loans they couldn’t prove were owed and filed false and misleading affidavits in courts across the country,” said Richard Cordray, the consumer bureau’s director.

As part of the $19 million pact, National Collegiate agreed to set aside $3.5 million for refunds to 2,000 borrowers. Those borrowers had made payments after being sued over loans that were legally uncollectible, either because the statute of limitations had passed or because National Collegiate lacked the documentation needed to collect the debts in court.

Law firms that represent National Collegiate Student Loan Trust in Central Florida are:

Pollack and Rosen, P.A. Miami, Florida

Hayt, Hayt and Landau, P.L. and

Kenneth Solomon, Attorney

Have you been sued by National Collegiate Student Loan Trust?

Student Loan Solutions, LLC

Student Loan Solutions, LLC (SLS) is a debt buying company who files collection lawsuits against Florida consumers. Student Loan Solutions buy up old student loan debt, mostly from Bank of America. They are suing students, not finding solutions to their loan issues. Their lawsuits are filed without the proper assignment or title paperwork to prove their case.  When you are sued by SLS, review the paperwork to ensure that there is evidence and documentation to support the balance SLS claims is owed. Our goal for you is to point out to the Court that SLS has not followed state and federal law when attempting to collect a debt. In the past with have counter sued SLS and got our clients’ debt eliminated.

The Law firm that typically represents Student Loan Solutions, LLC in Central Florida is: Bowden Barlow Law, P.A., St. Petersburg, Florida.