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Pulling Back the Curtain on Private Loans

By this point, anyone who hasn’t gotten the message that college students’ escalating use of private (or “alternative") loans are a source of concern hasn’t been paying attention to national discussions about financial aid. The College Board and the National Association of Student Financial Aid Administrators, are among the groups that have issued reports documenting student borrowers’ growing use on the loans and suggesting policy changes that might diminish that reliance, and some colleges have gone out of their way to alter their students’ behavior.

But for all the talk of potential overdependence on private loans as a public policy concern, which has also been a theme of Democrats in Congress, relatively little has been written or said about exactly why the loans can become a problem for students, beyond the relatively obvious reason: their higher cost.

The National Consumer Law Center sought to close that gap in a report released Monday. The title of the report, “Paying the Price: The High Cost of Private Student Loans and the Dangers for Student Borrowers,” makes its perspective clear; the consumer advocacy group and its officials have paid increasing attention in recent years to private student loans as a potential hazard for vulnerable consumers and argued that governments should regulate private student loans as rigorously as they do other sorts of consumer loans.

But if the law center’s report makes a contribution to the public’s understanding of and knowledge about the impact of private student loans, it is not in its rhetoric but its examination of the terms and conditions of 28 actual private student loans, issued between 2001 and 2006, that the center analyzed. “We had really been struck that in the debate on private student loans, nobody had really taken the opportunity to go through a bunch of loans and see where the actual nitty-gritty problems are,” said Deanne Loonin, a staff lawyer at the consumer law center who was a member of the U.S. Education Department panel last winter that negotiated possible new federal rules to govern student loans.

Not surprisingly, perhaps, the consumer group’s analysis starts with the pricing of the loans, which have been the focus of the discussion to date. The average annual interest rate of the loans the group examined was 11.5 percent, with the highest close to 19 percent. The average margin of the loan (the amount by which the interest rate charged to the borrower exceeds the rate paid by the lender) was 4.8 percent, but some of the loans had margins of nearly 10 percent — “shockingly high,” the report says. The average loan came with origination fees (a one-time fee borrowers pay to take out the loan) of 4.5 percent of the total loan volume, but some of the loans charged a fee as high as 9.9 percent.

As concerning as those high costs to borrowers are, though, Loonin said, potentially “more insidious” are the aspects of the loans that have drawn relatively little attention to in the discussion about private loans so far — the “hidden bombshells” in loan agreements that either limit borrowers’ ability to fight the loans in court or that limit the sorts of objections that borrowers can make to the terms later on.

A majority of the loans, for instance, contained mandatory arbitration clauses — which the center characterized as “hallmarks of predatory loans” — that require borrowers to agree to enter arbitration rather than challenge problems with loans or their schools of choice in the future. Other provisions in the loans seek to “limit a borrower’s ability to raise defenses to the loan based on violations of the law or that the lender breached the contract or that the consumer does not owe the amount claimed.” And some of the loans “stated explicitly that there will be no cancellation if the borrower or co-signer dies or becomes disabled,” the report notes.

The law center’s report also draws a number of parallels between the private student loan market and the subprime mortgage market whose collapse is now helping to drag down the national economy, which it calls a “sad deja vu.” Among the similarities it cites are a lack of regulation and enforcement; “outsourcing of social goals” — “Higher education and asset accumulation through homeownership are keys to upward mobility in this country; both social goals have been largely outsourced to private market;” risk-based pricing, charging the highest price to the supposedly riskiest borrowers.

And it suggests a set of principles that should guide any legislative effort to alter the private student loan market, including:

  • Eliminating unsustainable loans and develop fair underwriting standards.
  • Eliminating incentives for schools and lenders to steer borrowers to abusive loans.
  • Improving disclosures so that borrowers can know the true cost of private loan products and understand the difference between private and government loans.
  • Requiring accurate and accountable loan servicing.
  • Ensuring effective rights and remedies for borrowers caught in unaffordable loans.
  • Preserving essential federal and state consumer safeguards.
  • Improving assistance to distressed borrowers.

Doug Lederman

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Comments

Predatory student loans

All praise to the National Law Center for this timely report. The public has been sold a bills of goods regarding the deregulation of many aspects of our financial infrastructure. One would have thought we had enough with the stock market bubble, the corporate scams ala Enron, World.com, Adelphia, Tenet Healthcare, and now the sub-prime mortgage scams.

Not so.

Waiting in the wings was the student loan industry, the pay day advance companies, and soon we’ll see the financing sector of the auto industry blow up as people learn that their cars are worth far less than what they paid for them. Unfortunately, the political class that is supposed to be the public’s watchdog has been asleep at the wheel since the Reagan years. A cretain amount of firm regulation is absolutely necessary in a capitalist system such as ours. There are a LOT of hyenas out there and they’ll steal your eyeteeth if you let them.

Don’t let them. Fight predatory loans wherever they exist. Take back the economy.

feudi pandola, at 8:15 am EST on March 4, 2008

unintended consequences

Similarities do not end with drawing comparisons between the private student loan market and the subprime mortgage market.

Heaven forbid, but should we be faced with massive surges in student loan defaults, the backlash could swamp Congress and the institutions as occured in the late 1980s.

The resulting accreditation provisions of the 1992 amendments to the Higher Education Act have been a bone of contention ever since, and never fully implemented.

Who knows what other unintended consequences a similar scenario could result in under the present circumstances — maybe an even more fully federalized postsecondary system?

Glen S. McGhee, Dir., at Florida Higher Education Accountability Project, at 9:10 am EST on March 4, 2008

Not Surprised in the Least...

Gee, another unregulated area of “Business” that stuck one to the consumer, and ultimately, the tax payer. It is called Business because that is what they give you!

If profit is your motive than business is your model, because business managers will let nothing stand in the way of their profit. Why should this be a surprise to anyone. Business is nothing if not consistent. For the last hundred years plus, modern business has pursued the dollar with all the holy fanatacism that would make Al Quaida blush. Incident after incident of greed, excess and corruption. Pick up the newspaper on any given day and just scan the headlines. Their greed knows no bounds. When will people realize that this is the rule, not the exception.

An honest person sticks out like a sore thumb, because there are so few incidents to report. Go ahead scan the newspaper again. An honest person is treated like a leper, and is in need of tissue thin laws that are supposed to protect them, but mostly don’t. In my opinion any manager who tries to get payback on a whitleblower should lose their job.

A real hero today is one who can’t be bought, unfortunately all of the public figures that people look up to already have been bought.

Government was supposed to protect the people from these shysters, but all too often is in bed with them.

Our culture has losts it’s way, it is no wonder we are losing our preeminance. Private loans are just another symptom.

SalmonLeap, at 9:35 am EST on March 4, 2008

Some help is on the way

Buried deep within this report is a non-specific, passing reference to the fact that several of the Law Center’s goals are in the pending Reauthorization legislation, and it completely blurs over what is already in existing statute and regulations. HR 4137 contains considerable disclosure requirements for private loans, and we’ve already seen significant activity from Congress and the Department of Education “eliminating incentives for schools” to direct borrowers towards inferior loans. With the combination of Federal and state micromanagement of “preferred lender lists” and the current problems with availability of funds for private loans, schools have to consider letting borrowers find their own lenders without making recommendations. Given the often misleading direct-to-consumer marketing of these products, that scenario might be even worse than the conflicts of interest uncovered in Andrew Cuomo’s investigation (talk about unintended consequences).

Congress and the Administration were too stubbornly silent on private loans for a long time, so even if their motivation is the embarrassment of Cuomo doing what should have been their job, at least these are steps in the right direction.

DS, at 10:50 am EST on March 4, 2008

The real issues are

Let’s not forget that tuition increases are the driving factor behind the students’ need for additional funding. We need to keep an eye on college tuition.

Also, these loan fees would be much more manageable if salaries kept pace with inflation — or better yet — the rise in the cost of tuition. How do we get college graduates — or anyone for that matter — better paying jobs?

In short, has the cost of college (included private loan interest payments) exceeded the value of the degree for most students?

Joe Cronin, Online Education at Edvisors, at 12:05 pm EST on March 4, 2008

Hey Joe

“Let’s not forget that tuition increases are the driving factor behind the students’ need for additional funding.”

There is no driving need for Predatory lenders and usurious loans. I hope you are not arguing that these lenders would not be so underhanded if it weren’t for tuition increases."Also, these loan fees would be much more manageable if salaries kept pace with inflation — or better yet — the rise in the cost of tuition.”

So, as long as we can get students a higher salary then charging astronomical fees is just peachy?

Joe, I think it fair to say that you have missed the point. The article is about private lenders atrocious behavior, whom are accountable to stand or fall on their own.

I wholeheartedly support the regulation of this industry, even if some are spoiling it for all.

R.F., at 2:10 pm EST on March 4, 2008

Burden’s on the Borrower

How can students and parents respond to the unavailability of comparable cost information on private education loans and the serious ramifications of uninformed borrowing for college? Unfortunately, they must assume the burden of researching and comparing multiple loans and lenders. Although this adds a layer of complexity to college access, at present it may be the only way to avoid overwhelming education debt.

Renee Boltri, at 4:25 pm EST on March 4, 2008

What utter nonsense this report is!

Did anyone notice that the “survey” is based on 28 loans? Let’s think about that for a moment....28 loans. Is that enough to support any inference about the population of private student loan borrowers whatsoever? Moreover, the author never provides any detail on this “survey". How do we know it’s a random sample free from bias? Well, I guess we do know one thing...that it is definitely not free from bias!

Here’s a more meaningful “survey": the 62,487 borrowers in the First Marblehead Private Loan Securitization 2007-1 are on average paying 8.20% today (these are mostly the dreaded DTC loans mind you). That’s not a “predatory” rate. The average FICO score was 714 as well. That’s about 55 points away from subprime territory. This trust had a cosigned rate of 83% as well. First Marblehead has said in the past that cosigners are generally the parent of the borrower (I guess they are getting “duped” too). Private loans are more expensive than their FFELP counterparts, but that’s not surprising given the fact that defaults aren’t dumped on the taxpayer. And to say that private loans aren’t regulated is another absurdity. They’re subject to the same Truth-In-Lending disclosures as all other forms of consumer credit (credit cards, mortgages, personal loans).

Risk-based pricing is a fact of life for consumer credit, insurance, and so on. If you can’t drive to save your life, you pay a higher auto insurance rate. If you can’t pay your bills to save your life, you pay more to borrow. Large employers even use FICO scores when making hiring decisions. FICO scoring is a well-established means of ranking risk and has (to my knowledge) withstood every legal challenge. So to say that risk-based pricing is “predatory” is another absurdity.

The biggest prevarication by far, is the notion that private education loans are the begining of the apocalypse in student lending. How can this be the case when 2 out of 3 people graduate with federal debt, while roughly 1 in 20 undergraduates take out a private education loan (and then generally supplementing federal borrowing)? And if the foes of private enterprise have their way, will we not be replacing private loan debt with more federal loan debt? Is this not aiding and abetting maybe the biggest scandal of them all....that under-market-interest-rate (federal) loans make it easier to swallow the pervasive college price increases of recent history?

Patrick Bott, at 8:30 pm EST on March 4, 2008

Private Loans

In response to Patrick Bott’s comments. It appears from his statement that he’s taking this article very personal, which makes me think why? Is there an avenue to the private loan sector he’s not telling us? Are we not in this for the present and future college students. At the present time son has loans totaling $148K and that’s just finishing his junior year. He still has his senior and graduate courses to take. I want to address any avenue we can to help these students receive an excellent education. We were going to look at Priviate Loans for additional funding but now we have reservations, and options when and if we pursue them. Looking at the fine print for these loans and making sure they are not being taken for. College students today will have a greater amount to repay for their education than any before let’s not have them drown in debt for the rest of there lives. One point that other parents found out with student lending is that Private Loans COUNT NOTE be consolidated with your Federal Loans, private loans were separate, now how will that help students. And why did the government change to fix rates on the loans to higher rates than before, how is that helping our students. If I can get a credit card with a 4.5% fixed interest rate why can’t student loans have that same rate? So, I ask who’s helping our presnt and future generation of students obtain an education.

Dolly Hall, at 4:15 pm EDT on March 11, 2008

When are students, parents and government officials going to wise up and realize that it is not the loan company that is the reason that students have more and more education debt, it is the RISING COST OF EDUCATION. In most instances, tuition and fees rise 6% per year of more. That is more than almost all other expenses in our economy. The question we should be investigating is why is education so expensive?

Maria, at 4:30 pm EDT on May 12, 2008

I myself took out 3 private student loans 4 years ago. Two of the the loans were for 30k and one for 15k. They were deferred for 3 years while I was in school and I have had to defer them to their maximum of 1 more year for hardship. Originally totaling 75k , the balances are now 105k, just in 4 years. My husband lost his job before I completed school, and we had to file bankruptcy..of course we could not include student loans...I had a variable rate so now my loans are adding up at 15% each and may increase as the prime rate adjusts upward. My monthly payments are over 1k per month. If I die, I still owe..if I continue my education to get a higher paying job..there is no deferment for me. I am in a situation where I am paying more than a mortgage for loans. Why is it that I can include my home, all credit cards and lines of credit to be discharged in a bankruptcy, but not private student loans? They are not federal loans, they are private. If I enter public service employment, I can not have them forgiven or paid off (unlike the federal loans if I enter teaching/health field or law). I am in school now to get a JD (thankfully I received a full tuition scholarship)..but if I work as a public defender, I get no loan repayment benefits as I would with a federal student loan. Obviously I am upset that I could not include the private loans in a bankruptcy discharge. There seems to be no benefit to the private loans, and yes if you are an adult and have decent credit, they are VERY EASY to get online. They pretty much just have you fill out an online form,check your credit, sign electronically , and send you a 30k check. I had to do more through school for federal loans undoubtedly. I was under the impression that they were similar to Parent Plus loans, which offer some federal benefits..the biggest one being that if I die, they are canceled. If the student loan lenders want the luxury of being excluded from bankruptcy discharge like their federal counterparts, then they should offer more to their borrowers in terms of forbearance, in-school deferments, public service loan forgiveness, hardship deferment, and easy loan consolidation. If not, then let them be treated like every other debt...and if someone files bankruptcy to get rid of them with all their other debt...SO BE IT!

Jenny, at 2:50 pm EDT on July 2, 2008

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