News, Views and Careers for All of Higher Education
Oct. 30, 2007
In the months leading up to passage of the College Cost Reduction and Access Act, and in the weeks since, student loan providers warned that Congress’s decision to cut billions of dollars in subsidies to lenders and guarantee agencies would lead them to reduce the benefits they provide to borrowers. And observers of the student loan industry predicted that the changes would probably result in intense politicking and posturing among lenders looking for a competitive advantage.
Yes and yes, if a situation unfolding in Illinois is any guide.
For several years, the Illinois Student Assistance Commission, the state agency that guarantees student loans and oversees most student aid programs in Illinois, has paid the 1 percent “default” fee that the federal government charges to borrowers in the Family Federal Education Loan Program. The commission’s decision to pick up the fee, which amounts to $48 a year on a typical student loan of $4,800 in Illinois ("about the cost of a chemistry textbook,” said Andrew Davis, the agency’s executive director), has cost the agency (and saved borrowers) about $10 million a year on the roughly $1 billion it guarantees in loans annually. Because some guarantors don’t pick up the tab for borrowers, the policy gave the Illinois agency a nice competitive advantage.
In September, the commission’s board announced that because of the nearly $22 billion in cuts imposed on lenders and guarantors by Congress in the budget reconciliation legislation, the Illinois agency would no longer be able to afford to pick up the full 1 percent fee, as of December 1. But to “protect a key borrower benefit” and “reduce the cost of borrowing by Illinois college students and their families,” the board said it would continue to pay half the fee — but only as long as the lender that issued the student loan agreed to pay other 50 percent. And the agency said it would agree to guarantee the loans only of those lenders that agreed to pick up its share of the 1 percent fee.
“Our viewpoint was that we want to do everything we can to try to protect the students” from the impact of the Congressional legislation, said Andrew Davis, executive director of the Illinois Student Assistance Commission. “Our understanding was that the intent of the law was for lenders and guarantors to be put on short rations, but not the students.” While the budget cuts would make it impossible for the state agency to continue to afford paying the full fee, Davis said, its officials thought that by ensuring that the lenders it worked with paid the other half, students would be made whole. And numerous lenders told Davis that they were on board, he said.
But not all lenders were happy. In a letter this month, three associations of lenders — the Consumer Bankers Association, the American Bankers Association, and the Financial Services Roundtable — argued that the Illinois agency’s policy would violate the Higher Education Act (the federal law that governs the student aid and student loan programs) by requiring lenders to pay a fee that the law allows loan providers to charge to borrowers, and by imposing a requirement on a lender that benefits the guarantor.
“We are also very concerned,” the lenders wrote, “over the harm that the ISAC policy will have on the competitive market, because we believe it may operate effectively to deny borrowers the right to choose a lender that declines to participate in the revised ISAC program. Because many schools in Illinois feel compelled to use the ISAC guaranty because of the joint administration of that guaranty program with Illinois grant programs, lenders not participating in your program have no opportunity to make loans to students attending a large number of Illinois schools. This results in a denial of borrower choice for these student and parent borrowers.”
(Although the lenders’ letter did not explicitly say so, they also suggested that the new policy — while it would clearly help students — would also benefit the Illinois agency itself, by giving it an ever-larger competitive edge against the growing number of guarantee agencies that are choosing not to pay the default fee in the wake of the budget reconciliation law.)
The lenders’ groups also asked the U.S. Education Department to look into whether the Illinois agency’s policy violated federal law — and on Friday, department officials sent the student aid commission a letter insisting that it “immediately cease implementation” of the new policy requiring lenders to cough up half of the default fee.
“ISAC contends that the policy is designed to ‘encourage’ lenders to share payment of the fee,” wrote Patricia Trubia, acting director of the Federal Student Aid office’s Financial Partner Eligibility and Oversight Program Compliance division. “However, the policy goes beyond providing ‘encouragement’ by requiring lenders to agree to pay” the fee. Such a policy violates federal laws and regulations on several counts, the letter said.
Davis said Illinois officials believed they were on solid ground in imposing the requirement, since “we weren’t telling [guarantors] what to do, we were only telling them what they would have to do if they danced with us.” Borrowers in Illinois are not required to use the state agency to guarantee their loans, and only about half do, Davis noted.
He said he remained confident that enough lenders would voluntarily agree to pay half the default fee that many if most students would avoid paying it. But agency officials are “disappointed that the department has taken this very narrow legal construction” to viewing the situation. “They’re the regulator here, but I think they missed an opportunity to help students and help ensure that [the budget law] does not have a negative impact on students. We’re sorry they did not bless this initiative.”
Want it on paper? Print this page.
Know someone who’d be interested? Forward this story.
Want to stay informed? Sign up for free daily news e-mail.
Advertisement
Patricia Trubia is obviously cut from the same cloth as Matteo Fontana, Theresa Shaw, et al.
Bend over backwards for the lenders interests, stick it to the students. Make a profit on defaulted loans. Wreck peoples lives.
Who hired these people? When can they be fired? I hope these snakes pretending to be regulators don’t have cushy “payback” jobs waiting for them on the outside. Maybe then they will at least get a hint of a glimmer of a clue of what its like to get railroaded by your own government.
Alan Collinge, Founder at StudentLoanJustice.Org, at 3:45 pm EDT on October 30, 2007
When will these whiners be happy with interest rates and fees to students? In today’s FFEL world, students are paying low, fixed interest rates and only have to pay origination and default fees that amount to less than three percent. Students today have many options to postpone repayment and can consolidate and lock in rates and terms for up to 30 years. What’s next ... Zero Percent Loans, Nickel Beer and Free Love??
What ISAC has essentially attempted to undertake is a unilateral attempt to use the private sector to make their agency more competitive with guarantors that waive fees. The banks are not whining about the impact to their bottom lines ... it’s about fairness and what essentially amounts to an attempt to over-regulate.
Oh ... and by the way ... it is not the large banks that established tuition and fee rate increases at three to four times the rate of inflation. Bankers aren’t the only folks taking European vacations!
Lance Teinert, First Place Resources, at 3:40 am EDT on October 31, 2007
Another fine quote from Mr. Collinge. “Bend over backwards for the lenders interests, stick it to the students. Make a profit on defaulted loans. Wreck peoples lives.” Alan and the rest of the crew over there at StudentLoanJustice love to point out the faults of the lenders and simultaneously are always looking for some special treatment. In all the cases written about, including that of Alan Collinge, payment was not made. Student loans do not just double overnight, they do however double if they go unpaid for a few years, or in the case of Mr. Collinge whose last payment was made on December 12th, 2001, 6 years and counting. The point is, let’s level the playing field here. Which means both sides need to give a little. As Mr. Teinert pointed out, student loans are still a pretty good deal. Name me a single other loan which gives students a fair fixed interest rate, interest free deferrment while in school and another 6 months after graduation to find a job. On top of that, you can instantly consolidate and lower your monthly payments, although it does increase your payback amount over the life of the loan. It is a pretty sweet deal if you ask me, and the more people whine and complain about it, the more legislation the government will pass which ultimately does nothing but stifle borrower benefits. The smart way to move forward is as follows: 1.) This is a huge one here, educate students and parents about the options available to them and be sure they have all the necessary information to make informed decisions. 2.) Attend a school in your price range, not everyone needs an Ivy League Education. Community College and State Schools are the best deal going. 3.) Choose your major wisely. Nothing against Art History or Culinary Arts, but it seems short-sighted to leave school with 100k in debt and a degree to cook.4.) Address the issue of rising college costs, including things like books and other costs that are forcing students to take more in loans than ever before.
Rather than screaming and crying about the problem, like sites such as StudentLoanJustice do, how about we come up with some solutions? Driving lenders out of business will do nothing more than take away the opportunity for thousands of students who rely on loans to attend.
gradgirl, at 12:31 pm EDT on October 31, 2007
The verbal gymnastics the lenders employ to shirk responsibility for this problem are becoming highly predicatable: Blame the borrower, then obfuscate the issue to mask the fact that the lending industry has run roughshod through Congress, and the Department of Education, and had nearly all consumer protections stripped away from student loans on the way.
“Gradgirl", who apparently makes a living from the FFEL program, is just another example.
Here’s the solution that you seek. Return standard consumer protections to student loans to give student borrowers the same rights that Pay day borrowers, credit card borrowers, etc. enjoy.
No one wants to file for bankruptcy. It is a horrible thing to have to do. However, not having this protection leads to abuse by lenders/guarantors/collection companies, as we have so clearly seen in the student loan industry.
I could point to any number of articles and pieces that more than clearly point this out from reputable news organizations including The Wall Street Journal, CBS News, and many others.
Further, if a borrower is being overwhelmed with fees tacked onto their loan by their lender (Sallie Mae’s fee income rose by 107% between 2001-2005), and there are other lender out there willing to accept less profit, then why can’t a borrower take their loans to that lender? The big FFEL lenders like to talk about competition, but walking the talk is a different story: they have persuaded Congress to take away this important consumer protection.
And since this “lender attack dog” grad girl has seen fit to attack me personally, let me state that since my student loan was put into default in 2001 (The day after I requested a forbearance), I have made multiple and repeated efforts to negotiate a reasonable settlement of my debt. I have offered to repay every dime that the government paid for my default claim (The government paid about $60,000 on an original $38,000 in loans). I have offered to repay this amount, which includes principle, interest, and a boatload of profit for the lender. I’ve been refused at every step in the way.
This is par for the course for defaulted borrowers. There is no negotiation,there is no fair and reasonable settlement. This system is set up to rake the borrowers over the coals, and to this point, alot of people have become exceedingly wealthy due to this unearned income extracted from borrowers by the guarantors and collection companies (who often are owned by the lenders).
Student loans are the most absent of standard consumer protections of any debt instrument in our nation’s history, and no one can dispute this, no matter how many highly paid attack dogs, like Grad Girl, are employed to convince the public otherwise.
Alan Collinge, Founder at studentloanjustice.org, at 4:15 pm EDT on October 31, 2007
Well an extremely typical response from Alan Collinge. It’s getting so predictable. He has no problem taking cheap shots at people but can’t seem to deal with any taken at him. I merely pointed out a simple fact, which he has stated himself, that he hasn’t made a payment in 6 years. I love how he tries to circumvent the process by offering what he thinks is a “fair” resolution. Perhaps the fair thing to do would have been to keep his job at Caltech and earn a decent living and pay back the money he used to get not 1, not 2, but 3 engineering degrees. He may very well be the most overqualified blogger on the web, but it doesn’t give him the right to stick the government or the loan company with his bill. As to your argument about not wanting to file bankruptcy, nobody buys it. It is not bad at all for a 22 year old kid to file bankruptcy, rid himself of massive amounts of student loan debt and credit card debt, start over fresh, and build enough good credit by 30 to be relatively unaffected. This is precisely why the stipulation was put in place, it is an easy out and we all know it. So continue to name call Alan, i’ll keep my personal thoughts about you to myself. I don’t make a dime off of the federal loan business, I don’t support Sallie Mae, and every month I send in a check for about 15% of my monthly wages to pay back the student loans I have taken out over the years. It’s very easy for me to sleep at night knowing that I made good decisions and lived up to my obligations. All I am here to do is point out that changes should be made but instead of the pathetic whining done on SLJ, I prefer to take a proactive approach at educating people and moving forward instead of letting them make bad decisions and try to weasel their way out in the end......like you.
gradgirl, at 6:35 pm EDT on October 31, 2007
Using the principle of personal responsibility as a camouflage for serious lender irresponsibility is an increasingly weak and transparent tactic. I sincerely hope that intelligent people reading this are beginning to see through it.
Grad Girl claims that my aim is allow students to “weasel out” on their debts by returning bankruptcy protections to student loans. However, everyone knows that the bankruptcy laws have tightened considerably since October 2005 to guard against fraud and abuse. Bankruptcy is no longer a “walk away” scenario for the vast majority of borrowers. Most people still have to pay at least the principle of their debt, and some interest. This is why filings have dropped hugely since October, 2007. I am not arguing the merits of the new bankruptcy laws. In general, I rather agree that bankruptcy should not be easy to do.
Not having this basic, standard protection, however has led to abuse, and predatory behavior by lenders/collectors, and guarantors. When Sallie Mae was called to the carpet by 60 Minutes on this issue, they declined to be interviewed. Why is that, Grad Girl?
Could it be because in 2003, Albert Lord bragged to shareholders that Sallie Mae’s record profits were attributable to “fee income” collected on defaulted loans?
Could it also be because true default rates are actually more than 20% for people who borrow more than $15,000 for college, not the 4% that the lenders and even Department of Education always brag about?
Further, Grad Girl insinuates that defaulted loans cost the government/industry money, which is an out and out lie. Not only do the collection companies, and guarantors derive a large, or even the majority of their income from penalties and fees on this debt, even the federal government MAKES-not loses- money on defaulted loans (a 20% return, actually). This was originally reported in the Wall Street Journal in 2004 by John Hechinger, if you don’t believe me.
Grad Girl is quick to continue to attack me, personally, and claims not to be connected to, or making a dime from, the student loan business, but I find this to be hard to believe. She’s shared information with the group about my payment history that only someone with access to Sallie Mae’s financial records would have. Not only does this anger me personally, it also raises serious questions about the motivations and agenda of this anonymous poster. Why don’t you dispel the murkiness for us, gradgirl, and tell us how you came to be expert on the matter of my personal repayment history, and why you feel so compelled to share this information? Why don’t you also share a little more about your background to debate about the larger issue?
My guess is that this is the last post we will be seeing from grad girl. “S/he” will likely appear later under a different name and identity, spewing the same self serving propoganda, personal attacks, and loaded statements designed to evoke paternalistic reponses from the readership.
...At which time my winning argument will be precisely the same.
It is sad to see industry attack dogs, like Grad Girl use this argument to become self-inflated with righteous indignation—when in fact she is just covering the fact that her friends (and likely she herself) make lots of money from defaulted loans, and they are just protecting this stream of unearned (free) revenue, despite the human toll it takes on real people for whom this tragedy isn’t a game.
Alan Collinge, Founder at Studentloanjustice.org, at 7:30 am EDT on November 1, 2007
Brava GradGirl!!
Common Sense, at 8:45 am EDT on November 1, 2007
In my previous post, I erringly said that bankruptcy filings have dropped considerably since October 2007. I meant to say October, 2005.
Also, I claimed that my argument was the winning one. This is also wrong, and I don’t want to be percieved as cocky in saying that. Given the legislative history of the federal student loan program since 1998, this argument has in fact been on the losing side of the debate, and we now are beginning to see the consequences.
I do feel strongly that it is the correct argument, however, and I hope those of you out there who remember 30 years ago when student loans barely even existed will agree that this “industry” has grown completely out of control, and has become something that the 1965 Congress would never have wished to be inflicted upon the country.
Alan Collinge, Founder at Studentloanjustice.org, at 9:51 am EDT on November 1, 2007
Brava “grad girl” for sure !! As a taxpaying citizen the last thing I need is to pay even more taxes to make up for all the 20 and 30 something year old stiffs who would undoubtedly go hog wild bankrupting their student loan debts. Let’s not forget all of the tens of thousands of wealthy lawyers, doctors, dentists and God only knows who else, that did that to us in the 60’s and 70’s before congress had the chance to put a stop to it all. Why, even though noo ne has ever been able, to my knowledge, to provide any reliable statistics to verify the atrocities comitted by these heathen criminals of credit, I know it must be true because I heard some people say it. You know what? I’m just going to go ahead and look up the facts on these allegations.....hmmmm.....I know they’re here someplace....nope....not there....ohh....wait a minute....here’s something. According to my sources the figures indicate that the bankruptcy rate of student loans was actually lower than the rate of other kinds of consumer credit ?Never mind. My bad.
Ed, at 9:20 pm EDT on November 1, 2007
Bravo Ed!!
Common Sense, at 9:10 am EDT on November 2, 2007
Dear Gradgirl,
It appears you have shared Alan Collinge’s private payment history records with the public.
Please be advised I find this terribly distressing — no one’s private financial records should be shared with public — especially without permission.
I do not know if this is an attmept to “shut Mr. Collinge up” or other borrowers who are crying out for relief. Actually, this reeks of intimidation.
My point is this: If I find out who you are, I’ll be asking for Sallie Mae or whoever your employer is to terminate you immediately. You do not deserve your employment if you cannot maintain simply confidentiality requirements.
I’m not Mr. Collinge or a member of his family but you do owe him an apology and you might want to ask for that statement to be removed if possible.
PDC, at 7:10 pm EST on November 5, 2007
Advertisement
or search for jobs directly.
The University of Kentucky is one great place to work. UK’s agenda—simple—to accelerate the movement toward academic ... see job
Financial Aid — Functional Systems Consulting. Take your career to the next level with CedarCrestone. see job
Job Description: Ithaca College’s Office of Student Financial Services is looking for an Assistant Director ... see job
Description Our work environment is dynamic. Our people are valued. A rewarding career awaits you at Concorde! Concorde ... see job
The Director of EOF is responsible for meeting the needs of students as they relate to their educational planning and goals; ... see job
Located just north of Houston, Texas, our five campuses serve 1,400 square miles. Our student enrollment is nearly 50,000 in ... see job
Working Title: Associate Director — Student Financial Aid
Posting Information: The purpose of the WCU ... see job
Reporting to the Director of Financial Aid, the Senior Associate Director of Financial Aid is a member of the Office of ... see job
We are a suburban campus located just outside Philadelphia with easy access from public transportation or several major ... see job
Roger Williams University is one of the top ranked liberal arts universities in the Northeast and is an Equal Opportunity ... see job
Shocked & amazed
I am shocked and amazed that the giant lenders aren’t happy that the huge profits they make from lower and middle-income families might take a small hit. There goes their month-long vacations to Europe. And I’m shocked and amazed that the Dept of Educ would come out in favor of the big banks rather than in favor of the student borrowers. Did someone throw a pea at corporate welfare? The mega-lenders felt it through their fat wallets.
Charlie, at 2:35 pm EDT on October 30, 2007