[WSBAPT] Decedent co-signed student Loan - collection effort

Tue Feb 28 06:28:36 PST 2023

Good information Dalynne!

Here is the CFR: 34 CFR § 685.212 - Discharge of a loan obligation.
https://www.law.cornell.edu/cfr/text/34/685.212

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*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Dalynne Singleton
*Sent:* Monday, February 27, 2023 12:46 PM
*To:* WSBA Probate & Trust Listserv
*Subject:* [WSBAPT] Decedent co-signed student Loan - collection effort

I know most student loans are not collectible upon the death of the
borrower.  There are exceptions but for student loans, you need to provide
a death cert. to who is owed.

Here is information on the student loan debt which dies upon death of
borrower:

   - Federal student loans will be discharged due to the death of the
   borrower or of the student on whose behalf the loan was taken out.
   - If you die, then your federal student loans will be discharged after
   the required proof of death is submitted.
   - The loan will be discharged if a family member or other representative
   provides the loan servicer acceptable documentation of the borrower's or
   parent's death. Acceptable documentation includes an original death
   certificate, a certified copy of death certificate

I would start by sending the information to the creditor and asking for
confirmation of no debt to the co-borrower estate.

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Brent Williams-Ruth
*Sent:* Monday, February 27, 2023 12:36 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Decedent co-signed student Loan - collection effort

And that was my thinking - but given all the regulations pertaining to
student loans, I was curious if there was a specific statute (like Garn-St.
Germaine for mortgages) or case law that carved out an exception to these
types of debt.  I have not found one - but that is why I was checking with
the brain trust.

*Brent Williams-Ruth* (pronouns: he/him)
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On Mon, Feb 27, 2023 at 12:34 PM Mike Zeno <mikez at zenolawfirm.com> wrote:

Brent, if the estate published notice to creditors, isn’t the claim
time-barred?  Sounds like the creditor was not “reasonably ascertainable.”

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Brent Williams-Ruth
*Sent:* Monday, February 27, 2023 10:57 AM
*To:* WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
*Subject:* [WSBAPT] Decedent co-signed student Loan - collection effort

Greetings List -

One of my Executors that was about to close her mother's estate (literally
just sent the Declaration of Completion to be signed by the Executor)
received a collection notice for a student loan that the Decedent co-signed
for a friend's daughter.

1) No notice was sent to them as there was no paperwork or any indication
prior to this letter that Decedent had co-signed.

2) The collection effort makes no discussion regarding the other signatory
of the loan.

Has anyone had experience with this before? I have been looking for any
specific reference to Washington case law on this topic but haven't found
one on point.

Appreciate any insights.

Brent

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
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