Any comments on this development?

[Jerry Comisar]

FYI:
http://www.truthdig.com/report/item/student_loan_borrowers_dazed_and_confused_by_servicer_shuffle_20120424/

[null null]

Thanks for the article - pretty straight forward but don't believe any of the servicers are truly nonprofit. They are all banks that created by loophole nonprofit entities just to get govt contracts the same way Sallie Mae bought USA funding to own their own guarantor. Let's see a REAL expose on the student lender banks.

On Apr 26, 2012 12:36 PM, "Jerry Comisar" <jcom...@ix.netcom.com> wrote:

FYI:
http://www.truthdig.com/report/item/student_loan_borrowers_dazed_and_confused_by_servicer_shuffle_20120424/

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[Matt M]

My loans are supposed to be in "discharge"; but, I received a letter last Fall, from a "non-profit" company, who stated that they were assigned my loans, even though DOE, assured me that they would be the one's who would manage the disability process.  This non-profit agency, is actually a collections agency, who supposedly is reviewing all of my doctor's notes.  I have several doctors.  That process takes about 6 months.  If, at anytime, without warning, they determine I really am not disabled, than as a collection agency, they can start immediate efforts to collect a debt.  When I found out that these "assigned" agency is nothing more than debt collectors, I was assured that I should not worry, and that they would not seize my social security disability, unless I agreed to the payment plan(s) they offered.  This company came out of the blue.  I asked my Attorney General's office about them, and, the BBB, and neither one, had ever heard of this company. I then contacted DOE, who affirmed that the agency is relatively new.  Go figure.

Matt

[null null]

Call the department of education: their agency phone directory is online.(.gov not .com) Look under student loan lending dept. Those folks are VERY interested in such situations.

[Mary H. Castanuela]

A television news story reported on all the problems resulting from the DOE taking over all loans.  the focus was on a young woman (as an example of many with a similar story) who had entered into that pay for X mos to get out of default program.  With only 3000 to go, that did not happen for her and still in default, still with "bad credit"   (this was also supposed to be "fixed), she is still being charged those high (18 - 25% fees-- also supposed to be fixed.  She has no choice but to keep on paying, yet the DOE did nofulfillll their side of the "contract."    --- On Thu, 4/26/12, null null <null...@gmail.com> wrote:

[null null]

The doe can't fix bad credit only cease garnishment & report CURRENT payments as up to date. I have to ask why you mention this anecdote at this thread? Is  your intent to discourage folks from calling the ed agency?  The agency deptheads are not the same employees as those answering the phones for Direct. Only the lenders do not want the DOEd to know what's really going on. I disagree with your discouragement: constant calls by student will make a big difference & the lenders know it & will do anything to try to stop silence us but its too late; its about to flood as the numerous press articles reflect

[Mary H. Castanuela]

Boy!  talk about misinterpreting (based on ???).  First of all, that is what I meant by fixing  her credit-- she was waiting to buy a house and that fell through.  The main point, mine, and the TV story (She was an example and many more like her) was that there are so many problems going on since the doe  is handling ALL loans. Finally, I was responding to the link article, cause the rest-- I don't even know what you are referring to.

[Mary H. Castanuela]

ADDENDUM  --That was hardly an anecdote-- the TV feature was critical of the doe and was bringing attention to the plight of borrowers resulting from the current mess the doe/gov has created.  That is  hardly discouragement of any kind, on the contrary-- good news that the media is giving attention to the issue.

[null null]

I think the biggest drain of energy for fighting the lenders stems from the changing of servicing to owner-lenders & the role of the DOEd. In one reply below- I'm using my phone so its a bit rushed & cramped but mentions doe handling of the loans but I'm not sure if you mean that if doe handled better then they would oversee servicers better OR as I believe, DOEs failure to handle servicing themselves is the issue: no one is wrong in this thread, just discussing the different opins. I also think not being up front sooner about the outsourced servicing is most confusing to borrowers & I think its done to intentionally confuse (divide conquer) if something really screws up its hard to locate the true entity to blame & sue.  So far though the DOE folks I spoke with seemed sincerely concerned about the problems. I doubt they like the contracted cos.

[Dustin Logan]

Would those same DOE folks be just as sincerely concerned, that I
have been harassed and threatened for the past 13 years, over student
loans that were supposedly discharged back in the early 90's, due to
my permanent disability? Or, that both the lenders and DOE have now
tried to claim that I never even submitted any paperwork?

Dustin

[null null]

At this point in time I think some would. The idea of going through the disability process only to have student loans resurrect years later would make discussion now where no one gave an iota earlier. As I have repeated ad nauseum; timing is everything... this is student loan time; now the topic of the day, so start dusting off those personal experiences like it was just yesterday & CC the media when you send to the DOEd .

[Matt M]

I have found that I need to keep a paper-trail on everything, regarding my discharge.  I received yesterday, an IRS cancellation of debt notice, listing the Department of Education, as the creditor.  Form: 1099-C.  I also received several other letters from NELNET regarding this discharge process.  The letters state very clearly, that at anytime, DOE, decides that I am no longer disabled, they can change your status back to a borrower.  It is confusing, as I stated that I also received notice from a collections agency, that they are the one's who hold the contract with DOE, and are the one's that I need to contact regarding the disability process.

However, per DOE, I can check the status of my disability application: www.disabilitydischarge.com.  The point is: I save every little bit of piece of paper, correspondence, etc.  Because I know full well, that the weasels who are in charge of my disability, will do everything they can to negate their end of responsibility.  I have everything filed in order.  I still am fighting Sallie Mae over a private loan, and that is the one that concerns me.  I have no protections on that.  I have heard two conflicting opinions: Defaulted private loans can be taken out of social security disability, like regular student loans, and no, they cannot.  In either case, it is a nightmare!  I would have never applied for a private loan, if I knew what I know now.

Matt

[null null]

That's odd that although all loans are covered by a guarantor, they can continue to collect from you. In the case of defaulted mtgs. There is the final foreclosure * but for a deficiency judgement against you for more than what the sale was for, thats the end of the collection process. I have read that student lenders' excuse for the endless collection is that homes, cars can be recouped but an education cannot. This is the most BS downright deceptive crock since student lenders are fully backed by us guarantors. So when collection is fruitless then the lender is reimbursed by the guarantor who ultimately is the us gov. lenders try to reflect this as A sale but again the misuse of the term is to intentionally confuse/deceive the borrower and others. So once the lender is reimbursed by the guarantor, how is it they can collect a second time from you? Only the us gov who backs the loans should be able to collect after the final default.

[null null]

BTW there was another article in the fla sun sentinel or pb post today reporting that the Fl governor vetoed raising state  higher ed tuition. The timing is right for these student lenders to be held accountable for their shady practices IMHO .

[null null]

Florida lately  has been making a trend of raking it in by way of suing companies for violating consumer laws. I recommend that if you or your lender is in fla., make an effort to file a complaint w the Florida dept of consumer affairs. It's an election campaign year & the governor is intent on looking good to the voters & lowering expenses raising revenue.

[Dustin Logan]

Any particular media outlet? Over the years, the media hasn't given
one iota, either. I know, I have tried to contact them, before.

Dustin

[Mary H. Castanuela]

Yea-- That's why they're like loan sharks-- they "sell" the loans to SM who then charges uses vey high fees and illegal methods to collect via the collection agencies that are subsidiaries of SM

--- On Sat, 4/28/12, null null <null...@gmail.com> wrote:

From: null null <null...@gmail.com> Subject: Re: Any comments on this development? To: "Matt M" <mgmi...@gmail.com>

[null null]

Again timing is everything so previous efforts are not an issue. ProPublica just did the article that started this thread; State dept of consumer affairs; you name it BUT the key is how you present: in that you've been complaining for a long time they don't want to hear But rather to present as a Current fresh issue it IS Right now, as far as the public is concerned . Again, the dept of ed agency *department heads*(not customer service!) Are very interested

[Dustin Logan]

On this same subject (debt and loans) here is another article, that I
just came across, that shows where our country is REALLY going:

http://finance.yahoo.com/news/jailed-for--280--the-return-of-debtors--prisons.html

Dustin

[Matt M]

I Live in Washington State and if this were all true, about debtors going to jail, I would have been locked up long ago.  I have had collection agencies, threaten me with all kinds of legal action, but I have never, ever been threatened with any sort of lockup.  In fact, those who owe money, even to the state government, are shown as civil suits.  I have not heard or ready about Washington State, incarcerating.  I know of garnished wages.  Maybe, in other states......  I am not saying it could never happen, or that it never will.  Who knows, for all I know our current AG, is reading this and saying, "Good idea!"  

       Dustin

[Matt M]

One "last" comment.  I cannot speak for the jails in your area, but where I live, the jails are so overcrowded, that only the serious offenders, get real jail time.  The jails in my city, are under legal mandate to keep the jail population down to a certain number, or they have to auto-release those who jaywalk; spit on the sidewalk; wear orange colored hair, or baggy pants to court, etc.  I am being slightly facetious here.  Unless you are a sex offender, or some other violent offender, you probably aren't going to see much jail time, if any.  Even people with DUI's, have to have multiple convictions, before they spend more than a night locked up.  I really cannot see a debtor's prison, unless, we house them all on a secluded island...oh wait, Washington State already does that, for child molesters, who are considered too dangerous to be released.  I cannot speak for Illinois. Never wanted to live there. 

On Sun, Apr 29, 2012 at 8:05 AM, Dustin Logan <dml...@gmail.com> wrote:

       Dustin

[Mary H. Castanuela]

Under the law, debtors aren't arrested for nonpayment, but rather for failing to respond to court hearings, pay legal fines, or otherwise showing "contempt of court" in connection with a creditor lawsuit. --- On Sun, 4/29/12, Matt M <mgmi...@gmail.com> wrote:

From: Matt M <mgmi...@gmail.com> Subject: Re: Any comments on this development?

[Mary H. Castanuela]

Yea-- That's why they're like loan sharks-- they "sell" the loans to SM who then charges uses vey high fees and illegal methods to collect via the collection agencies that are subsidiaries of SM --- On Sat, 4/28/12, null null <null...@gmail.com> wrote:

From: null null <null...@gmail.com> Subject: Re: Any comments on this development?

To: "Matt M" <mgmi...@gmail.com> Cc: studentlo...@googlegroups.com, dml...@gmail.com Date: Saturday, April 28, 2012, 6:19 PM

That's odd that although all loans are covered by a guarantor, they can continue to collect from you. In the case of defaulted mtgs. There is the final foreclosure * but for a deficiency judgement against you for more than what the sale was for, thats the end of the collection process. I have read that student lenders' excuse for the endless collection is that homes, cars can be recouped but an education cannot. This is the most BS downright deceptive crock since student lenders are fully backed by us guarantors. So when collection is fruitless then the lender is reimbursed by the guarantor who ultimately is the us gov. lenders try to reflect this as A sale but again the misuse of the term is to intentionally confuse/deceive the borrower and others. So once the lender is reimbursed by the guarantor, how is it they can collect a second time from you? Only the us gov who backs the loans should be able to collect after the final default.

On Apr 28, 2012 1:02 PM, "Matt M" <mgmi...@gmail.com> wrote:

I have found that I need to keep a paper-trail on everything, regarding my discharge.  I received yesterday, an IRS cancellation of debt notice, listing the Department of Education, as the creditor.  Form: 1099-C.  I also received several other letters from NELNET regarding this discharge process.  The letters state very clearly, that at anytime, DOE, decides that I am no longer disabled, they can change your status back to a borrower.  It is confusing, as I stated that I also received notice from a collections agency, that they are the one's who hold the contract with DOE, and are the one's that I need to contact regarding the disability process. However, per DOE, I can check the status of my disability application: www.disabilitydischarge.com.  The point is: I save every little bit of piece of paper, correspondence, etc.  Because I know full well, that the weasels who are in charge of my disability, will do everything they can to negate their end of responsibility.  I have everything filed in order.  I still am fighting Sallie Mae over a private loan, and that is the one that concerns me.  I have no protections on that.  I have heard two conflicting opinions: Defaulted private loans can be taken out of social security disability, like regular student loans, and no, they cannot.  In either case, it is a nightmare!  I would have never applied for a private loan, if I knew what I know now. Matt

On Sat, Apr 28, 2012 at 8:55 AM, null null <null...@gmail.com> wrote:

At this point in time I think some would. The idea of going through the disability process only to have student loans resurrect years later would make discussion now where no one gave an iota earlier. As I have repeated ad nauseum; timing is everything... this is student loan time; now the topic of the day, so start dusting off those personal experiences like it was just yesterday & CC the media when you send to the DOEd .

On Apr 27, 2012 7:25 PM, "Dustin Logan" <dml...@gmail.com> wrote:

Would those same DOE folks be just as sincerely concerned, that I have been harassed and threatened for the past 13 years, over student loans that were supposedly discharged back in the early 90's, due to my permanent disability?  Or, that both the lenders and DOE have now tried to claim that I never even submitted any paperwork?      Dustin On Fri, Apr 27, 2012 at 12:23 PM, null null <null...@gmail.com> wrote: > > I think the biggest drain of energy for fighting the lenders stems from > the changing of servicing to owner-lenders & the role of the DOEd. In one > reply below- I'm using my phone so its a bit rushed & cramped but mentions > doe handling of the loans but I'm not sure if you mean that if doe handled > better then they would oversee servicers better OR as I believe, DOEs > failure to handle servicing themselves is the issue: no one is wrong in this > thread, just discussing the different opins. I also think not being up front > sooner about the outsourced servicing is most confusing to borrowers & I > think its done to intentionally confuse (divide conquer) if something really > screws up its hard to locate the true entity to blame & sue.  So far though > the DOE folks I spoke with seemed sincerely concerned about the problems. I > doubt they like the contracted cos.

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[null null]

I'm reading the list from my phone & somehow lost the thread on the debtor arrests. I have to say that the trend of Illinois & other states prohibiting jail time for failure to pay orders is great. I live in Florida & can tell you personally that individuals are being jailed for ignoring court summons etc. Nor the debt. I know a number of deadbeat dads who over the past two decades have paid no more than a handful of court order child support payments yet have never been jailed. The arrests are about getting the attention of folks who ignore court requests. I mean gee, just go & /or go to the clerk & file a delay etc. I mean if no one @ legal aid helps the local librarians gladly help find the right book to go pro se. It's an election year & the wave is in favor of airing rights issues. They don't want another occupy movement right now IMHO.