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National Probe: Colleges Take "Kickbacks" From Student Loan Lenders
March 15, 2007 11:05 AM
Some of the nation's top colleges and student loan lenders have come under investigation for questionable business practices and potential conflicts of interest ranging from misleading students; kickbacks to colleges; and even junkets to Caribbean resorts for their financial aide officers, according to Andrew Cuomo, the Attorney General for the State of New York.
"There is a range of practices - depending on the lender and school. There are certainly arrangements where kickback is the only word there is," Cuomo said.
These questionable practices in the $85 billion a year student loan business include choosing preferred lenders based on benefits given to the schools, not the students receiving the loans. This may deceive students applying to four year colleges – two thirds of whom finance parts of their higher education through loans -- and could cost them real money in terms of the interest rate and back end fees on their loans, Andrew Cuomo said in an interview prior to announcing the latest results from his office's investigation on Thursday.
"What we have learned in the investigation is often the banks that appear on the preferred lender list are not there because they give the best rate. They are also giving kickbacks to schools," Cuomo said.
Short list lenders under investigation include NelNet, Education Finance Partners, Educap, Sallie Mae, College Board and CIT. They all were informed of the investigation by the Attorney General in early January, a senior aide said Thursday. They have all been the subject of prior news reports and press releases regarding the attorney general's investigation.
Nearly 90 percent of financial aid applicants pick their lender from the short list offered by their school.
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The dangers arise from the practice of colleges steering financial aid applicants to a short list of "preferred lenders;" three or four financial institutions recommended to students and their parents by financial aid officers.
Unknown to these borrowers is the fact that the preferred lender loan rate may not be what earned a bank berth on a school's short list. Often what helped the lender earn a berth on the list was an attractive package of incentives to the sponsoring school, Cuomo said. Those incentives included hundreds of thousands in fees to schools and other forms of compensation, gifts and consideration and in some cases Caribbean junkets and golf outings to exclusive Pebble Beach, a senior aide to the Attorney General told ABC News.
One Lender, Educap, in 2005 invited financial aid officials to an "education summit" at Pebble Beach Lodge; a summit that the brochure promised would not focus on the minutia of financial aid, but on "big ideas." ABC reviewed a copy of the aid letter.
Some of the nation's best schools are actively under investigation and they were informed of that fact in early February, according to the same senior aide. Those include Syracuse University, New York University, Fordham University and Pace University in New York City, Drexel University in Philadelphia, and Marist College in upstate New York.
In a letter sent to several hundred schools Thursday, Cuomo advised school officials to review financial aid business practices and examine potential conflicts of that include fee splitting arrangements with banks that have earned some colleges several hundred thousand dollars a year, sweeteners to institution including multi-million dollar lines of credit and junkets worth thousands of dollars to financial aide officers and their spouses.
Especially troubling, Cuomo said, was the fact that the limiting of preferred lenders to a short list not only left the impression on aide applicants that these lenders MAY provide the best rate, but cut off dozens of other potential lenders from competing for a part of the multi-billion dollar pie.
Requests for information were sent to more than 10 schools in California, to nine in Pennsylvania, eight in Massachusetts, and six in Michigan, according to a February announcement by the Attorney General. The probe has touched schools in New Jersey, South Carolina, Wisconsin, Texas and Colorado as well as schools in Missouri, Delaware, Oregon, Tennessee, Mississippi, Rhode Island, North Carolina and Arizona.
"Unfortunately, complaints about lender lists have been raised by a few disgruntled competitors who have failed to achieve market success due to inferior, higher-cost products," says Tom Joyce, a spokesman for Sallie Mae.
Response from Fordham: Fordham no longer participates in revenue-sharing opportunities with student loan firms. Fordham did not choose lenders based on their revenue-sharing programs in the past, nor did the University benefit directly from such programs. The University has always sought the best rates and repayment terms from the most reputable institutions in the private lending industry. We also prefer lenders who offer not only the best rates but responsive service to the individual needs and circumstances of our students.
Response from Sallie Mae: Tom Joyce a spokesman for Sallie Mae defended the preferred lender list as a method of encouraging not stifling competition: "(The) preferred lenders list serve very useful purpose," he said. "Schools use these lists to drive costs down and force lenders to compete. Saving hundreds if not thousands of dollars on loans per year."
Joyce said that Sallie Mae did not provide vacation junkets to financial aid officers, and did not engage in many of the practices that New York's Attorney General found questionable.
Questionable Practices in the Student Loan Industry
March 15, 2007 | Permalink | User Comments (30)
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Well I hope I set the record straight for everyone. Sallie Mae lies to students. Sallie Mae harasses students. Sallie Mae adds needless interest to one's debt. They have paid Congress to write statues to cover their ass when they go to court. Students do not have any legal rights. The bankruptcy route is a sham. No other debtor has to tell their life story to get a debt dismissed. After you pay twice what you borrow to Sallie Mae, you owe twice what you borrowed. They are protected from everyone and answer to no one. America better wake up, because if interest rates go up to where they were in the 1980's we have a lot of people in a whole lot of trouble. Get student lending back where it belongs. Low interest loans for students.
Posted by: Ann | Jun 12, 2007 1:10:17 PM
Yes, you are right. I am in default with a CAREER TRAINING LOAN WITH SALLIE MAE. I AM NOW IN COLLECTIONS WITH SOME OF THE MOST RUDE PEOPLE. They wont talk to me but yet say to call and work something out. They hang up on me constantly and are so rude. My loan started out as 14,000 and now 25,000 in just 4 years. I am seeking legal advice to see what could be done. What do you think will happen?
Posted by: Kris | Jul 5, 2007 1:59:37 PM
This is what will happen. First check your loan and see if anywhere on the promissory note it states it is insured against default by the Department of Education or Department of Health & Human Services. If either is the case you are screwed. Sallie Mae loves to threaten to do things to you just to accumulate excessive interest. Why? Because after they bother you enough you will either not pay or they will try to get you to sign a new loan with what they call better rates. It will be the same o same o. Do not pay them if you have a federal insured loan. Let it go to the government. The government must allow you to make 12 payments based on your present income. After that refuse to sign another promissory note. Tell them to put you on an income contingent loan repayment plan. After 25 years any loan balance is forgiven, but you may have to pay tax on the balance left with the IRS. Points: Never sign another student loan again with anyone, especially since Sallie Mae is a student lender with many faces. Contact your congressman, senator, attorney general's office. Tell them to take you to court.
Document every time you tell them to take you to court. They will want to delay. Why? Because they get paid by the federal government if you don't pay. Start calling them and stating when are you going to take me to court. Your purpose is to get it to the government with the least amount of accumulated interest. They are thieves. Always remember that. Trust know one. They pay everyone off. Now, if you have a private loan, your screwed too. They changed the laws (paid off congress) to make private loans not discharged in bankruptcy unless show hardship. With only 4 years of loans under your belt I doubt a judge would think you would qualify. They look at how much have you paid back, how old you are, how much you make, any hardships(sick,). Lawyers will not take student loan cases. If they do, they are ripping you off. Easier to represent yourself in court. You either have a case or not. Sallie Mae makes their money off of threatening you so they can delay. Best thing: tell them take me to court. Not going to pay this.
Worst Case scenario: garnish 10 percent of your wages. take your irs refund
put a lien on home. Probably never a car because they depreciate.
How to avoid all of it: become self employed. Always owe tax, no refund
Hang in there, the laws are changing.
If more people just told Sallie Mae
to "take me to court" and report them
if they don't. You would be surprised how quickly this whole situation with student loan lenders would change. They have made their money on intimidation and threats and delays. Hope this helps. Good Luck
Posted by: Ann | Jul 8, 2007 2:32:53 PM
I took out a "federal" student loan, in August of 1991, from a local bank (which was later sold by the bank to Sallie Mae). A short time later, I was diagnosed with two heart conditions (both of which will only continue to worsen and will eventually be fatal) I have had long periods of paying on this loan and periods of deferments and forbearance during the worst times of my health issues. My original loan was for $8200.00. They now say I owe over $33,000. At NO TIME was Sallie Mae understanding. Their representatives were rude and very threatening to the point of telling me I could end up in jail if I didn't go along with their payment demands. I owe tens of thousands of dollars in medical bills to over 76 different medical entities, even after copayments, insurances, and additional payments. On one of the calls from Sallie Mae, I was told that,given my health, that they could put a lein of sorts against my life insurance for the event of my death to which I replied..."there is no life insurance for my kids or my funeral, so have at it".
Now for the question....Is there anything I can do?
Posted by: Annie | Aug 11, 2007 8:25:48 PM
Original loan amount was about 20k and because of many issues that affected my ability to meet the minimum payments and a default my loan is now nearly 130k after 15 yrs. I was informed that the interest rate on the loan is 30% and since I make 36k/yr gross. The interest on the loan right now exceeds my gross monthly income. They have garnished my wages for the $400 per month and I figure that by the time I die... I should owe them more than 10mil. Taking away bankruptcy brings back slavery as there is no human way possible for me to ever even pay them the interest... and hey 30% is a reasonable interest rate, don't ya think? I gave up trying to make good on my debts when it became impossible to do so.
Posted by: Hopelessly a Slave | Oct 6, 2007 3:10:41 AM
Everyone thinks that today's graduating seniors in high school should continue their education by attending college. Well, how are they suppose to do that and survive after they graduate college? My 20 year old son just graduated from Spencerian ( a branch of Sullivan) with a 2 yr degree. He had to borrow from Sallie Mae to attend this college. Now after he has graduated he is required to pay back his loans at over $400 a month. Mind you, he just got a job in August 2007 doing what he went to school to do, he has been out of school since March 2007, and he is making $10 an hour, which averages, after taxes to be $1200 a month. He pays rent, gas, groceries, and utilities, so tell me, How is he suppose to survive? I am at my wits end. When we signed for these loans, we had no idea what the interest rate would be nor what kind of payment he would have to make. SUCKERS, I guess we were that!!! Still, taking advantage of young eager children who have the desire to do better and make a life for themselves by furthering their education is not something that should be acceptable and shouldn't be allowed to happen. GET A COLLEGE EDUCATION, YEA RIGHT!!! Who can afford one in this day and age----The Very Rich or The Very Poor (financial aid). If there is anyone who has any suggestions on what we need to do, feel free to let me know!!!
Posted by: disillusioned parent | Oct 16, 2007 10:47:34 PM
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