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Titus
FiLifer
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Titus asked 6 months ago in Student Loans

If I make a settlement with my bank on a loan in charge off and a 1099 form is issued, can the loan be further pursued?

I have a private student loan and live overseas. My bank is willing to accept a settlement and will issue a letter stating the account is settled for less than the total value owed. They will also issue a 1099 form showing income for me.

Is there any way this loan can be further pursued given the above info?

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Mark Kantrowitz
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Have an attorney review the documentation to make sure the settlement is final and covers all the loans.

I've heard from borrowers who thought they were settling all of their debts only to find out years later that only some of their debts were paid off. (Most often this occurs when a borrower has both federal and private loans with the same lender. They think they are settling all their loans, but are actually only settling the private loans.)

So it's a good idea to have an attorney take a look at the paperwork to make sure nothing is being overlooked.

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Titus
FiLifer
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I asked for a letter showing the accounts and that the settlement was on total of both accounts (one was inherited when Fleet and Bank of America merged). There is no federal portion as far as I know.

They said the loans can not be pursued further because they are issuing a 1099 form on the remaining unsettled amount from the total.

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Mark Kantrowitz replied 6 months ago

The 1099 is to report to the IRS the difference between the settlement amount and the amount owed as income to you. While this is usually a good indication that the loans will be settled in full, it is still a good idea to get an attorney to eyeball the letter to make sure it identifies all the loans as fully satisfied. Also ask how the settlement will be reported to credit reporting agencies.

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Titus replied 6 months ago

Hmm, they are saying they shall report it as a Settled Charge off.

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