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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Can you find a lawyer to assist me with resolving my

Customer Question

Can you find a lawyer to assist me with resolving my Department of Education garnishment and subsequent foreclosure situations?
Hardship Narrative:
Contact Info:
Winston E Bridgeman ***@******.*** (###) ###-####M
I’m an Army National member that is being foreclosed on due to difficulty paying my mortgage, the problem exists as a result of a US Department of Education garnishment of my wages.
This message is a plea to the legal community for assistance with resolving this hardship imposing situation with the Department of Education and keeping my home.
Financial Picture:
Current Employers
- Lockheed Martin Corp (LMC) for more than 11yrs
o Gross Annual Income – approximately $70,000
- Army National Guard (ARNG) for more than 18yrs
o Gross Annual Income – approximately $7,000
o Original Student Loan Debt – Was less than $50,000
o Outstanding Student Loan Debt – approximately $30,000
o Student Loan Garnishment (Currently imposed by The US Department of Education in conjunction with Progressive Financial Services (collection agency acting on their behalf) since August 2013) – approximately $750/mo
Household Composition:
- 4 Dependents (wife/spouse, 3 children)
o Wife is unemployed
o 2 Children are in grade school
o 1 Child is a student at WVU
- Mortgage Payments - $1,740
Hardship Statement:
Once the garnishment was imposed I immediately began contacting my payroll department, the Dept of Education and Progressive Financial to determine what was going on and how to resolve the situation. I was told that a court ordered garnishment had been imposed by the Dept of Education and enforced by my company’s payroll department. The documentation furnished by my company’s payroll department, the document that supposedly directed them to take action is not a US court document. When determining how to resolve the situation I was consistently directed by the Dept of Education to make arrangements with Progressive Financial Service who in turn kept telling me to work with my company’s payroll department instead. At that time Progressive Financial refused to do anything more than direct me to talk to my payroll department when I asked about removing the garnishment and arranging more reasonable payments. Eventually Progressive move beyond their blunderingly ridiculous internal issues and I completed and submitted documents as instructed, they requested all of my financial records (pay stubs, bills, etc…) and I completed additional forms but never successfully stopped the garnishment nor was able to make more reasonable arrangements.
In the midst of going back and forth with the collection agency I was barrowing funds in an attempt to stay current on bills\utilities, mortgage and household expenses with the expectation that I will be able to negotiate better terms with DOE \ Collection Agency and improve my declining situation. Negotiations to a better solution never happened. My wife and I have had a number of phone conversation with agency representatives and I’ve submitted documents a number of times as directed but to no avail. The fact that I’ve been spinning my wheels for so long with no progress seems intentional and as a result my home is currently being foreclosed on by my bank (Bank of America).
At one point I enlisted the services of Broad Sword Student Loan Assistance, paid out money and submitted documentation but received no relief from the situation. Most recently I entered into an agreement with The Student Loan Help Center Garnishment Team for their assistance removing the garnishment and after a short while they returned my money stating that the loan did not exist in the NSLDS system when my information (name, SSN, DOB, etc…) was entered. After a few months we were able to get an account created and are at the point of addressing the garnishment.
As mentioned before I AM EMPLOYED and my income was sufficient enough for me to sustain the needs of my family and stay current on all my financial obligations before the Department of Education began to forcefully take money from my household income. If a reasonable arrangement is negotiated with the Department of Education and the bank (Bank of America) that owns my home loan I have the income to care for my family. Given a situation where the student loan barrower and home owner is still employed and generating an income it must be someone’s priority to negotiate this type of circumstance where the situation can TRULY BE SALVAGED!
Thank You for considering this request.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question.
I am afraid that state law forbids any expert on this site from actually representing you or any other customer on the site. If you need local counsel, please use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
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