Consumer complaint received 2018-09-28
Product: Student loan — Federal student loan servicing
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: Navient Solutions, LLC. (NC)

I am writing to you today to draw your attention to a very serious and potentially life changing situation plaquing many individuals. I have exhausted all other options in dealing with this, so I am writing to you in hopes that you can help me find a resolution. What I am referring to is a type of student loan consolidation that was such a failure, it is no longer used. This consolidation is called a spousal consolidation. 
Quite a few years ago, my then husband and I were having difficulty paying our student loans. Each of us had our own student loans from our XXXX degrees. Sallie Mae, now Navient, told me that the only option I had left, was to consolidate our loans together in a spousal consolidation. When the customer service representative told me this, I immediately asked her if these could be separated back out in the event of death or divorce. The representative informed me that they could, so I proceeded with the consolidation. From the onset of trying to get my loans deferred to finally getting this spousal consolidation finalized, took one and a half years. Every time I sent in one document and called to check on the progress, I was apologized to and informed that it was the wrong document and I would then have to send in another document. During this year and a half, my loans were being charged late fees every month. Every time I would call Navient regarding any questions I had, I would receive some answer that wouldnt make sense to me. I would hang up the phone and call back and get a different representative and a completely different answer. This process of misguided and inaccurate information has gone on for the life of my loans, causing thousands of dollars in late fees added to my account. I dont understand how Navient can do this repeatedly, never being held accountable and without any repercussions. 
Unfortunately, two and a half years ago my husband and I got a divorce. When we went to have our loans separated, I was once again apologized to for being given the wrong information and told that it was impossible to separate these loans and, in addition to that, because I was the one that filled out the application, the loans were now in my name and I was the one who would be responsible for paying on them. The only recourse I had was to have something put in our divorce agreement. We agreed to each pay half of the monthly payment on this spousal consolidation which is in an Income Based Repayment Plan. Every year we must re-apply for the IBR and every year when my Ex tries to fill out his portion of the paperwork, it comes back as saying that he has no loans. This process requires us to jump through hoops to get his application submitted. I must make numerous phone calls to Navient, he must fill out multiple paper applications and we typically end up having to do a conference call with a Navient representative to get this IBR approved. Typically, I discover through more phone calls that they used the wrong financial information and quoted us a wrong payment amount which requires several more phone calls. There doesnt seem to be a clear process with Navient on how to deal with this type of consolidation. In addition to this chaos, I have also been informed by Navient that the IBR payment, that only I am required to pay, will be based on, not only my income, but also my ex-husbands, who makes twice as much money as I do, and, If he or I re-marry, my payment will also be based on our new spouses incomes if we file joint taxes as well. In essence, my payments will be based on income that I have no access to. 
I have spoken with many supervisors regarding this situation, pleading with them to help me find a resolution. Again, and again, I am informed that there is nothing they can do. When I asked them why they dont come up with a new consolidation to help the individuals impacted by this type of consolidation, they inform me that it is impossible for them or anyone else, including the President of the United States, to change it. Ive asked how they can take loans from two separate individuals and make them one loan, but they can not divide one loan in half and give each individual one of the halves. They just tell me that that cant be done. Ive asked why these loans can not be dealt with in the same manor as IRAs and retirement funds that are split due to divorce, by obtaining a QDRO. They just tell me that they cant. Navient is absolutely unwilling to help me in any way. When I speak to Studentloans.gov, they tell me to speak with a supervisor and ask them to help me. When I tell them that I have, they suggest I speak with an ombudsman. When I spoke with them, the ombudsman informed me that the only way this could change is if I am severely disabled or I die. My response to them was great! My only option is death! At one point, I sought legal advice. When I explained my situation, the attorney specifically told me I hate to be blunt, but, you are absolutely XXXX, I am so sorry, but there is nothing I can do for you. I ask you to please put yourself in my position and consider how you would feel hearing these responses to my inquiries. I do not believe that the President doesnt have the power to do something to help the individuals impacted by spousal consolidations. There must be an answer! 
This situation has impacted my life in so many ways. I am a XXXX-year-old woman who spent her married life as a XXXX. I did work a XXXX   job as a XXXX XXXX at a XXXX XXXX. That is where the bulk of my work experience comes from. Now that I am single, the only work I have been able to get is XXXX  in a XXXX XXXX. As you know, this is not a high paying job. Because of my student loan situation, my income to debt ratio is ridiculous. Therefore, I will never be able to get a mortgage or even a loan for a vehicle. The mortgage on the house I am living in, which belongs to a relative, is less than $ 600/month. I think we can all agree that rent on a small single-family home would run much higher than that. If I lose the ability to live in this house, I will not be able to afford rent and put a roof over my childs head. Under these current conditions, I dont see how I will ever get ahead and become a successful member of society.