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Breaking the Silence on Student Loans

March 20, 2009

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Given the intensity, even toxicity, that typically surrounds discussions of the federal government's two competing student loan programs, the relative lack of public pushback against President Obama's proposal last month to end the lender-based guaranteed loan program has been surprising.

Little has been heard from the Republican lawmakers who have historically supported the private market (though federally subsidized) program. There have been the predictable shouting and cries of alarm from organizations that represent banks and other lenders, but even those have been relatively tame and mostly reactive.

And hardly a peep has come from financial aid directors at the thousands of colleges -- still a solid majority of all institutions -- that participate in the guaranteed loan program. In interviews in recent weeks, several said that they had major concerns about the Obama proposal and its insistence that they join the direct loan program, but they acknowledged that -- as administration officials clearly hoped -- their opposition was muted in part because the Obama plan would use savings from ending the guaranteed loan program to do things they like: ensure a regular, increasing flow of federal money to Pell Grants and direct significant additional funds to students and colleges.

Lots of discussions have taken place outside the public eye, with lenders encouraging college officials who support the bank-based program to speak up, and financial aid administrators debating whether and how to do that. On financial aid listservs, criticisms of the president's plan have been outnumbered by guaranteed loan participants asking their peers about the pros and cons of moving to direct lending.

But with members of Congress planning to move with lightning speed -- as soon as next week -- to draft legislation that could direct the Education Department to do away with the guaranteed loan program, the relative silence broke Thursday. The National Association of Student Financial Aid Administrators, which had gently expressed concern about Obama's loan proposal (amid significant praise for the president) when his budget was released last month, sent a letter to its members (following one it sent to lawmakers on Tuesday) urging Congress not to use the budget reconciliation process to mandate that the government originate all loans out of direct lending, and suggesting instead that Congress slow down and consider alternatives such as the association's own proposal for a single, hybrid loan program.

"Rather than eliminating FFELP through the budget reconciliation process, which would prevent a full vetting of alternative proposals, NASFAA asked legislators to convene a stakeholder's meeting to consider viable options that will ensure students have the long-term financing they need to meet college costs," the association's president, Philip R. Day Jr., wrote in a memo to its members.

The language in the actual letter to Rep. George Miller, the California Democrat who heads the House Education and Labor Committee, was even plainer: "We ask that the budget reconciliation process not be utilized to reform the student loan process."

Later Thursday, the financial aid group, issuing somewhat conflicting signals, sent yet another note to leaders of its state subsidiaries saying that NASFAA leaders had received "absolute assurances" from Miller and his staff that Congress would consider alternatives to the president's plan. "I want to emphasize that NASFAA's official position, particularly given the repeated assurances that have been provided regarding the commitment to continue the dialogue, is that we are not opposed to the budget reconciliation process."

Changes of the magnitude and breadth that the Obama administration proposed in the Education Department's 2010 budget plan would probably take many months to enact and even longer to carry out, and leave lots of room for the typical give and take (and compromise) of the legislative process, potentially given those who objected to the administration's approach time to propose alternatives.

But Congressional Democrats' plan to use the budget reconciliation process changed all that. Budget legislation is virtually impossible to amend and is voted on in a pure thumbs up or down way, and can usually be drafted with enough goodies for enough legislators to ensure its passage. As a result, if crafters of the legislation decide to write into the budget legislation language that directs the Education Department to head down the road Obama has pointed them down, opponents would find it virtually impossible to excise such language from the bill.

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Comments on Breaking the Silence on Student Loans

  • Posted by J. Barton on March 20, 2009 at 6:45am EDT
  • Some financial aid administrators want to continue the lucrative under-the-table largesse they receive from lenders instead of doing what is right for students and the country. They should be ashamed of themselves for being in a service profession and possessing such little moral center.

  • Absurd assertion
  • Posted by Nick Wallace , Partner at Capin Crouse LLP on March 20, 2009 at 7:30am EDT
  • What an absurd and intellectually dishonest assertion about financial aid directors who oppose the government takeover of of ffelp. While there were a few cases of abuse in the sytem. One cannot honestly paint it with a broad brush. There are many more examples of good and responsible behavior than there were of irresponsible behavior. To assert that all financial aid directors that are opposed to this government takeover are somehow on the take is rediculous on its face and blatantly offensive. I believe the comment should be pulled from this board, but only after an appology for the slap in the face to the significant number of good and honest financial aid directors all over this industry...regardless of their support for or opposition to a policy decision.

  • Why again does Nasfaa exist?
  • Posted by Alan Collinge , Founder at StudentLoanJustice.Org on March 20, 2009 at 8:30am EDT
  • Why do financial aid administrators feel they need to have a lobbying presence on the Hill that is separate from their employers, the universities? More to the point, why would any legislator listen to them? They claim to have the interests of the students at heart, but cursory examination of NASFAA and other regional FAA organizations reveal that much- if not most- of their funding comes from student loan companies. Their executive boards comprise both FAA's and executives from STUDENT LOAN COMPANIES.

    And their actions speak far louder...instead of shouting from the mountaintops as Congress restricted, and then ultimately removed fundamental consumer protections from student loans, including bankruptcy rights, statutes of limitations, refinancing rights, etc.,. These administrators were going to all expenses paid vacations (er..I mean conferences) in exotic locations. Instead of informing the students prior to taking out loans that student loans had none of the protections mentioned above (slightly useful information, don't you think?), these people pawned off the counseling piece to...STUDENT LOAN COMPANIES like the National Student Loan Program (NSLP), whose one page entrance and exit counseling forms ( http://nslp.org/pages/pdf/entranceform.pdf ) make absolutely NO mention of the unique absence of these fundamental protections.

    Recently, I read that NASFAA members were experimenting with potentially valuable innovations like...NOT PROVIDING ENTRANCE COUNSELING AT ALL...The argument supporting the value of this concept was that students were observed to be defaulting at the same rate, regardless of whether they received the counseling or not. Of course this should surprise no one, given the astonishingly, pehaps intentionally vaccuous quality of the counseling in the first place!

    So FAA groups set students up for failure through their willfull negligence, hold themselves out to be looking out for students, and use this as justification for telling congress what to do (usually in lockstep with the lender's interests, not the student's), and then turn around and lobby in lockstep with the lenders, as opposed to the students,while taking the lender's money.

    That these people believe they deserve a separate voice on the Hill is incredible. That they have the audacity to speak for the students, while actually serving (and benfitting financially from) the lenders is not comprehensible. That these propped-up, perversely conflicted groups carry any weight at all with intelligent congress members is frankly unsettling.

    In the current debate, the fact that fundamental consumer protections are absent from both FFEL AND Direct programs cries out for consideration. Tuition, and thus debt- is actually growing even more quickly in the current environment, 1 in four students default on their loans...probably more. A critical time to be sure..and yet Nasfaa chooses to spend its clout weighing in on Direct vs. Federal, neglecting and thus tabling the issue that has- by far and away- more serious and dramatic implications for a huge segment of students (whether they know it or not).

    When are university Presidents going to recognize this embarassing phenomenon, and simply put an end to groups such as these? If the FAA's feel compelled to organize, perhaps they should form a union, or a bowling league or some such.

  • J.Barton
  • Posted by R.F. on March 20, 2009 at 8:30am EDT
  • If you have any evidence of wrongdoing I urge you to take it to your state's attorney general's office.

    No?! Well then your unfounded opinion is "dully" noted...and dismissed.

  • Now who is conflicted?
  • Posted by R.F. on March 20, 2009 at 8:30am EDT
  • "Budget legislation is virtually impossible to amend and is voted on in a pure thumbs up or down way, and can usually be drafted with enough goodies for enough legislators to ensure its passage."

    FAO's got pens and post its. What do legislators get...? Just read the news.

  • Beginning of the End of Student Loan Sharks?
  • Posted by Terradea on March 20, 2009 at 8:30am EDT
  • The terrifying underlying issue is that the government is pushing even more student loan money on unsuspecting young people. No one should EVER borrow money for school. NEVER. People with student loans have absolutely no consumer protections, and this has allowed the lenders to get away with doubling or tripling loan amounts by forcing students into default, collecting 25% default penalties, charging exhorbitant fees and interest, reneging on settlement deals, etc. Student loan policies have created a whole generation of indentured servants, and many older people have been pushed to ruin by the fact that student loans cannot be discharged in bankruptcy or even renegotiated, even in the face of extreme illness and medical bills or continuing loss of job. Baby boomers are the hardest hit, since they fell for the lending spree for trade schools in the 70s and 80s. This is a catastrophe and the government is only making matters worse by providing even more money to trap young people into a lifetime of crushing debt. The government needs to bring back consumer protections for student loans (student loans are the ONLY loans that come with no consumer protections whatsoever).

  • Posted by Director of Financial Aid on March 20, 2009 at 8:45am EDT
  • As a director with 23 years of experience in the field of professional financial aid administration, I must say that it would take a great deal more than a critical opinion expressed by a reader for any real offense to be taken most folks in the field. Like the vast majority of my peers, I have never been party to any sweetheart deals with banks or any other third-party firms seeking favored status at the institutions where I have been employed. I am far from ashamed of my many years of effort made in the interest of helping students and their families get through the financial hurdles of affording a college education. It has been, and continues to be, a very rewarding and honorable field of endeavor. Although a cheap shot, the reader above is certainly entitled to his opinion, regardless of how ill-informed. I happen to support the president's proposal to eliminate the FFEL loan program. I would further suggest that the Federal Perkins Loan Program be eliminated, as well. The Direct Loan Program is cheaper and FAR more efficient than the FFEL Program. The federal government would do very well to have one grant program (Pell), one loan program (Direct) and one work-study program. Let the states and the colleges do the rest. Oh...and one more thing: I would like to thank the financial aid director at the university I attended in 1976 for assisting me to make my education financially possible.

  • Posted on March 20, 2009 at 9:30am EDT
  • It is virtually impossible to make a living with only a high school diploma anymore in this country. There are very few jobs that will sustain a family with no college education, but the only way to get that degree is to promise every penny you earn with that degree in return. Many of us are not even seeing any income due to our degrees; my bachelor's degree has been a pretty decoration for my wall, and not much more. I'm a part-time teacher for a private school, which means I'm not even eligible for any teachers' loan forgiveness programs, since there is no help for anyone working part-time (even if that is the only employment they can secure), or for any private institution. I bring home a whopping $460.70 per month. Between my fiance's income and my own, that doesn't even make ends meet, since with his associate's degree, he's working in a shop making circuit boards. We were told there were a myriad of employment opportunities within the area we live in for both of our degrees, but that's simply not true. Now, we make so little money we can't even relocate. My entire paycheck goes into my commute to and from work, and my son's childcare. I see none of it. My fiance's check pays most of the bills, but have you ever had to pay your bills "in rotation?" That means, I pay the phone bill this month, the gas bill next month, the electricity bill the next month, and then I start over. I have bill collectors breathing down my neck from 8 in the morning until 9 at night. We don't do anything extra. We don't buy extra things. We can't possibly stimulate the economy. We've paid off all our debts except our student loans, and that is a huge part of what's killing us. How many times can you apply for an economic hardship deferment? Three times. How many times can you apply for a forbearance? Not many. You can't declare bankruptcy. You can't do much. We've reduced our payments and we've worked with them as much as we can. Did you know that with private loans, they can require a fee for putting your loans into forbearance? Sallie Mae wants $100 to put my two loans through them into forbearance. If I could pay that fee, which does not go toward what I owe, I could make my student loan payment! It's ridiculous. I'm at risk of defaulting because I wanted to buy my son babyfood, formula, and a pair of shoes. I haven't had a new pair of shoes since my freshman year in college. I won't dare tell you how long ago that was.

    We're good people who work hard. I try my best to pay our bills, and I've been looking for either a full-time job, or an additional part-time job, but who wants to spend more time away from their kids than they have to? Besides, the only part-time jobs I can find here are minimum wage, and at that point, I'd be paying more for childcare than I'd be earning. There's almost no point to me working, but if I don't work, I'm not eligible for the little bit of assistance we have now. I have to be working or looking for work.

    If it wasn't for those student loans we have- a total debt between the two of us of less than $65,000- we'd be able to afford to have an apartment of our own, or look at buying a house. We could eventually buy furniture for our house. We could maybe buy new shoes, get hair cuts, maybe even eventually buy a new car. However, there's no way we could do anyting to stimulate this economy now. We are barely scraping by now. We could maybe even afford to move to an area with more opportunities, if we didn't have such ridiculous amounts of student loans. I'd love to see how most of our Congressional representatives survive on $1300 a month with a family of three, with student loan debt to pay.

  • absurd but...
  • Posted by DS on March 20, 2009 at 9:45am EDT
  • Yes, J.Barton's comment is over the top, in fact many aid administrators support the Administration's proposal to abolish FFELP and it's money-sucking middlemen, and there are many entirely ethical pre-FFELP aid administrators as well. But until financial aid associations - at the national, regional and state levels - stop allowing lenders to exercise this degree of political influence, then I'm afraid perception is reality. NASFAA, as the voice of the entire profession, played this wrong.

  • Posted by Anonymous on March 20, 2009 at 9:45am EDT
  • I wonder how many critics of the FFEL program enjoy visiting the motor vehicle bureau, standing in line for their passport, or waiting for someone to pick up the phone at the post office. How many of them switched cable companies at the first chance? I wonder how many of them use FedEx rather than the Postal Service.

    Regarding the improper conduct, I don't know what critics are concerned about. Congress passed a law prohibiting every one of the practices. There are strict rules in place. If you cannot trust the federal government to regulate these practices, how can you trust the government to run a student loan monopoly? I await your responses.

  • Who do FAA's represent ?
  • Posted by Edward McKinley on March 20, 2009 at 9:45am EDT
  • Some good questions arise here. Does anyone out there really believe that the FAA's first and foremost accountability is to the student ? Can anyone provide legitamate accountability for where these "trade organizations" get their funding ? Who pays the FAA ? The school. Where does the schools money come from ? Well, largely through student loans.
    I, for one, was shocked to learn exactly how exploitive and predatory student loan lenders have become. Still, I have yet to discover a single example of a document or even heresay account of a student who had the realities of their loans explained to them.
    I was never informed of even having a choice of lenders, never mind the devestating consequences in store for me should I struggle to meet my loan obligations in the first few years of my post graduate experience.
    Legislators for far too long have given their ears to the lenders and guarantors and other entities that seek to serve an interest other than that of the student/borrower. Students have simply lacked the ability to match the overwhelming resources of these lobbies.
    FAA's, thanks for looking out for us, but why not take a break and let us handle it from here. We, the students/borrowers are the ones most effected by this issue. Why are you guys expending all the resources to influence congress ? I think we can continue forward without your "help."

  • FAA"s
  • Posted by Alan Collinge , Founder at Studentloanjustice.org on March 20, 2009 at 9:45am EDT
  • I know some very dedicated financial aid administrators, and have no doubt that many truly do care about the welfare of the students, That is not the point. The point is that the professional organizations they form are inherently conflicted, and as a lobbying presence distracted from protecting the interests of the students. Were I an FAA, I would not associate myself with groups funded by student loan companies. I would focus instead on my job, one of the most important elements of which is to inform students of the uniue and large risks associated with all student loans, FFELP or Direct.

    The Financial Aid Director above fails to even acknowledge the astonishing lack of consumer protections for student loans, and the broad failure of the Financial Aid system to warn students sufficiently. Instead, he jumps right into the Direct vs FFELP debate.

    The students could not care less where their loans come from. That they are walking an ever-higher tightrope over a sharktank is what is important...whether they know it or not. This is where FAA's concerns should lie, and this is where their collective lobbying effort should be focused.

  • Absurd
  • Posted by DFA on March 20, 2009 at 12:00pm EDT
  • As an aid director with over 15 years of experience, I must weigh in.

    First, Allan, there are no lenders on the NASFAA Executive Board. Your statement to that effect is false. NASFAA's board is listed below and is publicly available. Lenders make up less than 35 of the association membership and cannot serve on the board.

    National Chair-Elect Dr. Barry W. Simmons, Sr. Virginia Polytechnic Institute & State University Blacksburg VA
    Rep At Large Dr. David D. Mohning, PhD Vanderbilt University Nashville TN
    Ex-Officio Dr. Phil Day NASFAA Washington DC
    Commission Director Mr. Brent B. Tener Vanderbilt University Nashville TN
    Regional Rep Mr. Curt E. Martin Mesa State College Grand Junction CO
    National Chair Mr. David L. Gruen University of Wyoming Laramie WY
    Regional Rep Mr. David Page Philander Smith College Little Rock AR
    Regional Rep Mr. Gordon D. Koff Dartmouth Medical School Hanover NH
    Rep At Large Mr. James M. Swanson Colorado College Colorado Springs CO
    Past National Chair Mr. Michael J. Bennett Brookdale Community College Lincroft NJ
    Regional Rep Mr. Richard Shipman Michigan State University East Lansing MI
    Rep At Large Mr. Ron Day Kennesaw State University Kennesaw GA
    Regional Rep Mr. William Cheetham Le Moyne College Syracuse NY
    Regional Rep Mrs. Heather H. Boutell Bellarmine University Louisville KY
    Rep At Large Ms. Alvina Thomas Louisiana Delta Community College Monroe LA
    Commission Director Ms. Catherine A. King-Todd Thunderbird School of Global Management Glendale AZ
    Rep At Large Ms. Cindy Butler Metropolitan Community College Kansas City MO
    Regional Rep Ms. Diane Lambart Fleming Central Michigan University Mt. Pleasant MI
    Rep At Large Ms. Heidi B. Granger College of the Desert Palm Desert CA
    Rep At Large Ms. Judith E. Sears New Mexico State University at Carlsbad Carlsbad NM

    Your website does not list any person affiliated with your organization, no board or any other information. Nor do you disclose here that you are shilling a book and have a have a personal axe to grind against student lenders. You also don't note that you have defaulted on your obligation to pay loans that you knowingly took.

    President Obama's bill would not have prevented your default nor would it have lowered the fees associated with it. You would simply have owed the money directly to the federal treasury rather than to your lender. President Obama's bill does not extend bankruptcy protections to borrowers. There seems to be a great deal of obfuscation and misstatement here. Why don't you read the NASFAA proposal and comment on that, rather than discussing issues that have been celaned up by a series of regulatory actions.

    Finally, this whole discussion misses the point that the NASFAA proposal is a very strong one that is not getting any review here because we're caught up bashing student lenders and FAAs. That's serving no purpose except to seel Allan's books

  • If I may
  • Posted by Tired Old FAA on March 20, 2009 at 12:00pm EDT
  • Ah, yes. Once again, IHE crafts a story of “NASFAA sells its soul to the evil empire.” Excuse me, but have you READ the NASFAA student loan initiative? Have you seen how a public/private partnership is proposed to bring stability to the capitalization of student loans? Have you seen how the various parties to the student loan process would fulfill their roles? Have you?

    As to the defamation of my profession’s character, frankly, it’s tiresome. I counted SIX aid administrators who very publicly lost jobs over student loan practices (and I confess to not knowing how many quietly moved on because of the same; mea culpa), and I seriously question whether all of them deserved it. Do the math with disgraced members of Congress as a percentage. And I’ll put us up against ANY profession (including the clergy) for integrity and professional character. We work hard; we’re paid less than other administrators at our level who have less accountability to multiple constituencies; and we stick with it because we know we’re enabling students to achieve dreams and aspirations that would be impossible without our efforts on their behalf. Do I like recommending loans to families? NO! Have I been given unlimited dollars of non-loan options to use, instead? No again. As one who borrowed for his own education and paid back every cent, I know how hard it sometimes was and what choices I had to make to service that debt, and I do whatever I can to let prospective borrowers know what it means to sign on that dotted line. (And I’m a boomer who knew exactly what it meant when I signed that prom note.)

    Two final thoughts: The issue is NOT that student loans may change from the current “two party” system to federal only; it’s that the legislative process proposed for making this shift does not provide for substantive debate and amendment. If Congress can take 5 extra years to reauthorize the Higher Education Act, it does not have to use budget reconciliation (“voted on in a pure thumbs up or down way”) to decide whether or not to end FFELP.

    And, having been there and brought home the t-shirt, there is not a SINGLE lender or lending industry executive that sits on the NASFAA Board of Directors. Zip; zilch; zero; nada. If a regional association elects such an individual as THEIR leader, that region is required to replace that individual as a representative to the NASFAA board. No lender or representative of such has voted on NASFAA policy—only school-based aid administrators. Let’s at least get that straight.

  • It's a shame
  • Posted by B.F. , Graduate at The Art Institute on March 20, 2009 at 12:00pm EDT
  • It's a shame there are no corporations lobbying/advocating for the students in this debate. The middle class wage earners will not earn enough to support a family or thrive in today's world without technology skills and some sort of post-secondary degree. Thus, there is demand for colleges that are tailored to more than what the universities that hand out philosophy degrees and a year abroad studying art can offer. Unfortunately, these technical/vocational institutions are at an advantage: there is a demand that only they can supply. So, tuition costs do not even equal the value of the education given. Many of these institutions employ instructors with little work experience and/or no post-graduate degree! Yet, they are justified in charging an Ivy League sticker price? Why? Well, it's simply the free market. Hindsight is a depressing view, but it makes so much sense now that what drives exorbitant tuition costs is simply that these private banks will lend $20K a year to a student. If a bank will lend it, then that is what the school will take, thank you very much and have a nice day.

    I recall my student loan entrance interview. Never was I ONCE told that I would have payments of $650 a month (at an interest only payment option!) once I graduated. And at my exit interview, I was never told that I could never refinance my loans once I consolidated after graduation. Never.

    So, are we going to be a nation that is competitive in the world market, or just a nation of greedy top-ten-percenters? Between lack of health care or adequate health care coverage that put the middle class in financial ruin and the lack of consumer protections and predatory practices by lenders and educational institutions (all it takes is one injury that forces you on disability--you think you can pay a $650/month student loan on disability??), we are just allowing, with no sense of outrage, the heart of America--the middle class--to die out.

  • Why Government Loans?
  • Posted by College Access Provider on March 20, 2009 at 12:00pm EDT
  • One thing has puzzled me; why have the government lending money in the first place. What Direct Government loan programs work as they were intended? TARP? SBA?

    If the government can do so much better than private industry in terms of lending, why not do away with all private mortgage companies and have the government do all mortgages? Gees, then we wouldn't have had the current problem with foreclosures, as the government could just forgive all the delinquencies and everybody could live happily ever after! Yes, the same government with its beloved IRS and its collection tactics -- let them do mortgage loan and student loan collections!

    To the person from student loan justice: You, sir, are out of touch with reality. Students need to borrow money and need to be responsible for paying it back. In regards to Financial Aid Associations (or interest or affinity groups in general): Perhaps all lobbying should be abolished (including your organization). You apparently have great disdain for organizations with any purpose other than your stilted views and rant of emotionally charged propaganda, without factual base. By the way, your bowling comment is interesting, given the President's comments. What statement are you trying to make?

    It would be wonderful if college and universities were less expensive. They're not, and students require financial aid to complete their programs. How they get that aid is from a group of dedicated and devoted financial aid administrators. Yes, there are some bad apples, but every organization, every profession yields some individuals who place personal gain above social mores.

  • Guaranteed Loans
  • Posted by Logan on March 20, 2009 at 12:00pm EDT
  • Folks,

    In all seriousness, will someone from the financial aid community reading this comment explain reasons why many of their peers are so interested in continuing the guaranteed loan program? I've known numerous financial aid administrators over the years, all of whom are of the highest character and integrity. But neither the Lederman article nor any of the comments above seem to express any meaningful reasons why the guaranteed loan program is any better or even as good as the direct program. I was once a participant in the direct program and personally found it extremely efficient and easy to navigate.

  • You're showing your ignorance!
  • Posted by Sara , Director of Financial Aid on March 20, 2009 at 12:00pm EDT
  • When Cuomo went on his McCarthy-istic rampage on the finanicial aid industry, he did so for his own political advancement. He listened to a crooked loan company that was so underhanded, no financial aid office would recommend their product. After spending millions of taxpayer money, he discovered 3 financial aid officers and 1 Dept of Edu employee had taken a kickback!

    What did he destory? 85% of all students lost; all of the Stafford loan borrowers. The banks and the Guaranty Agencies passed savings on to students; 2% off the interest, paying ALL of the federal fees; 1% off of the balance at graduation; .25% interest reduction for ACH, on and on.... A bank ties up its own money for almost 5 years before repayment begins. In year TWO of repayment, they make 18 cents on a $100. Considering people can defer, forbear, etc; they are lucky to get their money back in 20 years. Remember it is the federal governement setting the interest rate, establishing the loan limits and loose requirements for qualifying. Do you think that the DOE will actually take the time to counsel students and provide customer service?

    So now 85% of people are out of luck but.... yea!!! we can help the same 30% of students who now qualify for pell, seog, acg, smart, teach, on and on.... Why don't you take a look at their parents' tax forms and see if there's any cheating there ("my husband and I are separated. He lives on the couch in the livingroom so I don't have to claim him on the FAFSA." "My new husband and I have a $150000 income so I'll say that the kids live with my deadbeat ex husband because he does see them!" Fix the FAFSA before more money is dumped into the "give-away" programs.... but that is another story for another day.

    Why aren't Financial Aid Directors voicing our opinion. We are beaten down and tired from the outrageous way that you have wrecked our industry and tarnished our reputations. Sure, create another large, ineffiient government agency. Sure, let the federal government borrow more money from China or just print more in September when billions of disbursements are due to thousands of schools. Your children are paying now for Direct Lending with fees and higher costs but your grandchildren and great-grandchildren will pay forever.

  • Conflicts of Interests!?!
  • Posted by Nicole , Advocate at Consumer Warning Network on March 20, 2009 at 12:00pm EDT
  • It is absurd that Financial Aid Counselors would have a big say in whether Obama's changes are made. That's like asking a sales person who works on commission which pair of shoes to buy, obviously they're going to lead you to the more expensie ones.

    Now, I understand that not all financial aid officers were involved in kickbacks, those officers usually worked at schools that already used the Direct Loans program. Whether a financial aid officer wants to admit or not, the perks and kickbacks have been there for the taking. No one with that temptation should have a say in the program's change. If they want, they can write a letter supporting their position just like any other American citizen has the right to do.
    Financial aid officers and schools are not "above" students in their ability to provide information on this topic. Students, particularly ones in repayment are in the best position to give a fair analysis of what does and does not work.

    Anyone that lobbies for private lenders on federal loans raises serious red flags in my book. If prviate companies want to make a profit then go sell a car, a house, a boat, whatever but don't sell off the future of our children to make a few bucks. Education is way too important to be treated as a commodity to barter and trade for big bucks.

    The Direct Loans program works. Huge private lenders that basically have fee arrangements with schoold DO NOT. If a professor, who actually passes valuable knowledge onto students, doesn't have enough money to build themself an 18 hole golf course, why should astudent loan lender (Albert Lord)? Education is not an arena where anyone should be able to "strike it rich." If that continues then in the end, we'll have a bunch of wealthy seniors and our youth will be left poorly educated and set up for a life of debt. Is that the world you want to live in?

    By all means, go out, make money, be successful -I intend to do the same - but let's just be real about where that kind of mentality thrives and where it destroys.

  • henhouse protection wanted. hire the fox
  • Posted by finaidfollies on March 20, 2009 at 12:00pm EDT
  •  

    Criticism of the proposed scrapping of FFELP is muted because, as far as the big money players (both schools and lender-enablers) go, FFELP has outlived its usefulness.

    Schools will continue to jack up tuition (and their red-headed stepchild, fees) because they can't sustain their empire-building without it. Lender-enablers just want the profit, and that is exactly what has been sucked dry out of FFELP. Lenders have left the program in droves already, because if you're not a lender who also originates, disburses and services a student loan, then you will lose money on every FFELP loan you make. (In other words, all lenders who sold their loans to a secondary market after they were fully disbursed, are out.) Don't take my word for it--look around at the surviving FFELP lenders, and then compare their business models (and processing platforms). They're all the same, and you don't need all your fingers to count up who accounts for 90+% of current FFELP volume.

    But that doesn't mean these behemoths actually like this arrangement. Even before the implosion of the financial universe as we know it, the biggies were only making the barest of profits, and had updated their models positioning FFELP as a loss leader. FFELP is now the price of admission charged by financial aid offices for the opportunity to sell the lender's private loans to a school's students. Lenders now worship the private loan, as it's minimally regulated by ED, provides handsome returns, and is a growing component of student loan award packages. FFELP adds no jolt to the FFELP bottom line anymore. In fact, the lender-enablers all wish that ol' FFELP would just, well, go away.

    Hmm. Enter NASFAA's proposal, designed by oligarchs, for oligarchs. This piece of their 'comprehensive' answer sure was wheeled out fast, as damage control, before any legislative reform which might upset the larger punch bowl takes shape. Under this proposal, some of the costliest pieces of providing the loss-leader function would be taken on by Uncle Sam. Not only that, but there will be lucrative contracts out there for whoever can design, build, and operate the new servicing platform. Who are the likeliest bidders for this tidbit? Why, the usual suspects who already have built end-to-end processing systems, of course.

    As appalling as lenders' behavior is, that of schools is even worse. Content to paint themselves as innocents, they then needn't reflect that the relentless upward spiral of costs has fed the beast for decade after decade. If NASFAA's proposal is the best we can do, then better brace yourselves for an even larger collapse to come. Lenders have enabled schools to raise prices with impunity, and the families of college students have been bearing the true pain of this system, now broken beyond repair. Without meaningful cost control, there will ultimately be a financial blowout that rivals the outrages we've witnessed over the past year.

    It's been a long time since the politicians weren't the biggest asses in the room.

  • Classic Misdirection and Rotten Loans
  • Posted by Linda P. Taylor at College Funding Network on March 20, 2009 at 12:15pm EDT
  • We all know one (or more) rotten apples in any group. We also know many good people in that same group. The "good" or "rotten" actions of indivuduals is not evidence of the value or honesty of the group. It is the VALUE of the service that the group renders that counts. The service itself needs to be judged.

    As a financial professional, am I tarnished by AIG? Yes. Do I or did I personally have anything to do with AIG? No. But I suffer under whatever consequences regulators choose to apply. And worse, I suffer because of client and prospect perception that all financial professionals are greedy and scammers. As a college funding expert for over 30 years, I have the same problem with FAAs perceiving me as somehow scamming their colleges when I have NEVER hidden assets to made a family "poor" to qualify for more aid. But every year the NASFAA put out their official "warning" about paying someone like me to do the FAFSA.

    The comments about individual kick-backs is true for a small minority BUT it distracts from the real problem -- the universal use of loans is what is rotten. Arguing over Direct versus private lenders is CLASSIC misdirection. Argue over the paint color instead of arguing over the house being in the wrong place.

    Crushing student loans - REGARDLESS of origin be it Direct or private lender - are destroying the dreams of students? Have there been kick-backs and sweetheart deals? Yes! Have all FAA participated? No. But ALL FAAs and their organizations are tarnished not because of that. The college funding sysem in which FAAs live is broken. So sorry, you ALL take the heat when you live in the kitchen - good guy or bad, lender or "pimp" for the lender.

    It is a FACT that virtually ALL students who are not at the handful of Ivies without student loans WILL have the MAXIMUM allowed in FFEL loans - REGARDLESS OF LENDER. The debt load is even WORSE when that student is in a major like education that requires a graduate degree where the maximum loan jumps to nearly $20,000 per year.

    Arguing about where the loan originates is misdirection. It is rearranging the deck chairs on the Titanic. No one is addressing the REAL problem - out of control lending is destroying the hopes and dreams of our students.

  • Financial aid loans
  • Posted by financially challenged , Director of Academic Affairs at Western Oregon Univesity on March 20, 2009 at 12:15pm EDT
  • If the interest rate were closer to the bond market rate and tax deductible the repayment would be easier for the indentured former student.

    I am one of those whose life events has led to a debt that has more than doubled as have the payments. I have no problem with repaying the debt but I would have liked to had options that would have minimized the cost of that debt.

  • Fear of Change
  • Posted by AM , Financial Aid Counselor at FIT on March 20, 2009 at 1:45pm EDT
  • I've personally worked with both Direct and FFELP loans over my years (16) in financial aid. It seems to me that this is less an issue of competing interests and more an issue of fear of such sweeping change.

    There is an old anectode in this business that if something works well then it will be changed--and made worse. (And, yes, over the years I've seen--like I'm sure many others reading this--examples where its felt like the anectode was true.) But, the fact of the matter is, each school has well established system of doing things that works well for it. So it's not surprisingly that such a sweeping overhaul is being met with some resistance--or for that matter the desire to preserve an existing program.

    We don't have to look to see who is "profiting" or "losing" from such changes; it makes us cast dispersions upon each other. Moreover, it is simply not a constructive way of looking at what motivates a financial aid professional. What must be understood is: with every change to these programs both the schools we work for and the students we serve are affected--possible even adversely. I think that as a community we just want to have input in some of these changes which does closely involve us and the people we are responsible for helping.

  • The big picture
  • Posted by Ken D. on March 20, 2009 at 1:45pm EDT
  • It's refreshing to read the views of someone like Linda P. Taylor (above) who is able to focus on the big picture. The problem is not that some FAA got free tickets to a basketball game or that someone else got a golf course.

    The real problem is that there are some very harmful features of our Federal financial aid system which are ruining thousands of peoples' lives on a daily basis. For example:

    1. We know that student loans in excess of the graduate's expected first year salary quickly become problematic. Yet our taxpayer-subsidized loan system will blithely lend some students 2-3 times what they might reasonably expect to earn during the first year out of college.

    2. Bankruptcy protections have for centuries been a standard part of our system of law to protect well-meaning borrowers. Yet student loan borrowers were stripped of these protections often without their knowledge.

    3. College for many is still a good investment. But for many others these economic returns are diminishing. The fact that student loans might help 95% of borrowers does not justify a system where the remaining 5% of the borrowers, who like several of the commentors above who thought they were making a good investment, wake up and find themselves in student loan hell.

    It would be wrong to blame this mess on the financial aid administrators. Educational institutions, in particular, have profited greatly as the complicit beneficiaries of this fundamentally-flawed system. At the same time, none of us should ignore the real damage and the human suffering which will continue regardless of who administers these loans, until the educational lending system is brought back into line with the economic realities of the borrowers.

  • The whole system needs reworking
  • Posted by 3 degrees, no job , LL.M student on March 20, 2009 at 1:45pm EDT
  • The underlying problem is what no one wants to tackle.  How in god's name does anyone think it's rational that ANY university program cost upwards of $100,000 dollars for JUST tuition, especially given that there is no entry-level position in any field that will allow someone to make the kind of income which would allow someone to pay that sort of educational debt down without adding a disgusting amount of principle (sometimes double).  If tuition is that high, then getting student loans to finance an education is the only option.

    We have all been sold this lie (especially those of use who grew up indigent), that if we work hard, and get an education, that we will be offered boundless opportunities in the country.  It's just not true.  Law school, for example, cost me (and basically everyone else who goes) upwards of $100,000 and lawyers make an average of $50,000 a year.  No one mentions when you're taking out your massive student loans--which are supposed to be "good debt"--that your loan payments will be $1000+ a month even on a 25-year plan.  No one also ever tells you that even if you amass a ton of educational credentials, you still may never find a decent job in your field, or that it is even a possibility that you could be an incredibly educated person who could be forced to get public assistance to eat.

    Anywhere in the world, I should not have to sell my soul or sign away all my rights to merely attempt to support my family in an honest way.  The current state of the laws that govern student loans used to be considered usury or predatory lending practices.  You've heard the people of this country complain and complain about the victims of subprime mortgages, painted as people who were fiscally irresponsible because the may have bought a bigger house than they could afford.  Yet, we expect students to have no income whatsoever and to pay $40,000 a year in tuition for an education based on the mere hope that they will find a job that pays well enough to pay back the debt-load someday.  If you used that same mentality--don't buy what you can't afford--to education, then only .05% of our population would be educated.  Instead, we have a mildly educated society that is drowning in so much debt that the entire country's economic stability is affected.  Why should interest on student loans be charged at all?  Because although we think of education as a service, it is really a business.  And businesses have a chief motive: profit.

    What is the goal of education?  To improve society and train tomorrow's leaders?  Or to double your return?  These are the questions we should be asking, and no one does. 

  • Thanks Linda
  • Posted by Will on March 20, 2009 at 2:00pm EDT
  • Thank you Linda for making the key observation about this whole mess and the debacle that is the student loan industry. For many of us, education was the promised land. It was not at all unlike the promises made to indentured servants in Europe who bought passage to the land of opportunity only to find that they had to work for the same master all their lives with no chance to get ahead.

    I was born into a lower middle class family that climbed a little into basically a middle-middle class life. I went to public high school and had no resources to go to college. But there were student loans. So I got an AA, a BA, went to med school (I was not real good at that one) switched to get a JD. Then there was a crash in the economy, a crash in the real estate market where I lived and then my family and support was racked by illness, death, divorce, depression. So for five years I was one paycheck away from homelessness and hunger. My student loans were pushed into default status and more than quadrupled to the nearly $300,000 they stand at now, most are old Stafford loans at 9% now consolidated with Dept of Edu.

    What is most troubling to me too, is that most of the people that dreamed up this system, and suckered us into it, have collected their bonuses, and retired rich, and are undoubtedly traveling the world enjoying the fruits of their labors.

    When I took these loans out the country still believed that a citizen, who becomes financially destroyed, and insolvent, gets a second chance. By the time of my tragic collapse though, 200 years of bankruptcy protections had been ripped away by Congress. I still pay on my loans now that I have had a job for five years, but the interest is so high the totals keep growing, just a little bit slower today.

    It is no ones fault, but the student loan industry has bread a hunger in education for more and more students to obtain more and more money for their programs. The incentives are so skewed that students are sucked into the program and then dumped to the curb after graduation with no consumer protection or rights to get a decent wage and make a reasonable repayment for their education and left to live their lives insolvent (unless they win Powerball). It is like indentured servitude or in my case an extra tax the government collects.

    It is a broken system, and I feel particularly sorry for those that are doing what I did to flee a rough economy by going back to school and building up debt. They really do not understand that a small tragedy in their lives and they will be left with a loan so huge that it can not be serviced and will wreck their lives forever - no matter how hard working, intelligent, diligent, industrious and ambitious they are.

  • Kick Backs.
  • Posted by R.F. on March 20, 2009 at 4:00pm EDT
  • It bears repeating.

    If anyone has any evidence of kickbacks please refer them to your state's attorney general's office. Federal law prohibits "kickbacks"

    All of the previously investigated "kickbacks" have gone away. Six FAO's were found to be conflicted.

    You can whine and complain if you like, but it won't change the facts. Perception is not reality! Nor should the fantasy of perception be allowed.

    With all due respect to the person from AIG, no FAO's are getting million dollar bonuses, and the destruction of the FFELP program mostly effects only the employees of the lending companies...so no one has to care, right! No chance of a global meltdown due to student lenders closing up shop.

    Gone away as well, most of the choice of lenders and all of the benefit programs to borrowers.

    Soon to go away, entrance counseling and financial literacy courses for student borrowers sponsored by lender and gauranty agencies due to ECASLA (caused by AIG, et al).

    There are no kickbacks and there never was a gravy train for FAO's (boat rides in New York harbor don't make you rich), otherwise I would take my million dollar bonus and go away, but I will be around for the next 18 years working.

    Finally, to the person who said that they were never told by their FAO at the loan entrance interview that their payments would be $650 per month, no...because that you were told at your EXIT interview.

    Entrance interviews happen BEFORE you take out your first loan, so unless FAO's are seers and soothsayers there is no way anyone at that time knew how much you would borrow in the future. Of course, it was your decision to do so...

  • The Crash is Coming
  • Posted by John Wilhelm on March 20, 2009 at 4:00pm EDT
  • Financial aid administrators are to the coming student loan crisis what Realtors were to the housing bubble. The fact is that until standard consumer protections, in particular the right to discharge student loan debt in bankruptcy, is restored to student loans, there will be no real student loan reform. Only giving students the right to discharge student loan debt will put power into students hands, force schools to keep tuition under control and require lenders and the government to keep loan totals at a reasonable level. An entire generation of young people will be emerging over the next decade, deep in debt before they have ever gotten a job and no recourse if their best laid plans do not work out. Whether or not Congress takes actions to restore consumer protections to student loans, the education bubble will burst eventually as more and more young people conclude that it is simply not worth the risk of an inescapbale debt burden to get an even basic education. Then a lot of FAA will be getting laid off as colleges and universites are forced to downsize. The ones who never took anything under the table will probably be the first ones to go. We are all in this together. Its really the industry's choice whether or not they want a "soft landing" or a catastrophic bursting of the bubble.

  • Comment on LeAnn
  • Posted by Will , Once defaulted. at The Permently Indentured on March 20, 2009 at 5:15pm EDT
  • LeAnn

    What you have stated may have been what you were told by an employer of yours, or some bank but that just is not the case. When a person life falls apart, they are usually dealing with issues of survival; ie, how do I get money, how do I find a job, what do I say to my land lord when I can not make more then half the rent; how to I get my medication, how do I take care of my Mom. They are not ignoring anything; they are just taxed beyond human comprehension. They are sometimes forced to move from place to place, they have no storage facilities, the mail gets lost. Then when they get a second to breath, and take stock they find that there loans have been sold, defaulted and the only option is consolidation.

    The student loan lenders offer no forbearances, they do not retroactively deal with anything, and they just push the loan into default and collect the guarantee. The Stafford loans reached a point where they told me I would have to pay thousands while unemployed to have a chance to bring them current, and then they just move them into default when I could not do that. When I at first rehabilitated an LAL loan program but then fell into unemployment again after 9/11 the LAL people granted no forbearances, save a brief period and then they said pay or go into default again.

    LeAnn you live in a fantasy world that does not exist for most of us that have experienced these issues. Maybe for a limited number of people who had strong support around them, or knew the system to start with they survived as you indicate.

    But even if you accept what you are saying, do you not see that if you are unemployed or minimally employed for three or four years, that the interest compounding on itself doubles the loan, or even triples it. Thus you end up with such a huge loan that the interest alone can not be paid and you are forced to carry this amount through out your life, growing and growing and growing. And Lee Ann what happens when all of these forebarences run out, and you are still not making enough to service the interest, what then?

  • Many students problems would be solved...
  • Posted by RM , NO MA at Antioch on March 20, 2009 at 6:00pm EDT
  • if the ED would just re-set interest rates for student loans to the current 4.7%. My loans are at 8.25% and I owe $65,000 (and no graduate degree). Most of this is interest. I was in default and rehabilitated my loans and my payments are $625 per month and will increase in two years. I am in my early 40's with a family and facing layoff. What will happen then? Defaults would decrease if the interest on the debt was managable and revenue would increase. In addition, I paid more than $7,000 in interest last year (which included the ED taking my tax return and my stimulus payment) and only $2500 of that is deductible. Why is that? Student loan interest should be fully deductible. The whole system needs overhauled and I am grateful for advocacy groups like studentloanjustice.org for bringing real attention to the problem.

  • Loan Industry Scandals
  • Posted by Scorekeeper on March 20, 2009 at 6:30pm EDT
  • There have been more scandals in the student loan industry than just the kickbacks that have been mentioned involving FAOs.  Inspector General audits continue to turn up illegal industry claims; attorneys general in Pennsylvania and Iowa have written reports critical of their loan agencies, as have their state auditors; last week, Governor Rell fired her appointees at the Connecticut Student Loan Foundation for their negligence; the former PHEAA CEO was dismissed this month from its foundation for his excesses; one Nelnet executive gets a $700,000 annual bonus for not coming to work; Sallie Mae continues to have an improper influence at USA Funds; Sallie Mae call centers employ unlawful tactics; the Kentucky agency has reneged on its loan forgiveness promises; the Department of Justice has opened at least one new investigation into illegal lender inducements. 

    It is a shameful legacy. 

      

  • Posted by AMDFAO , FA Officer on March 20, 2009 at 8:00pm EDT
  • I would find it refreshing to hear anyone actually being honest about the real issue: buying stuff you can't afford.  House, education, or car because from what I see, it's really all about living within your means to begin with and taking personal responsibility for your bad decisions.  As I tell my students: "you do have a right to an education but you do NOT have the right to have everyone else pay for it." Feel free to insert "house" or "car" in there as well since the concept is the same.  

    Remember in the olden days when parents saved for college or a kid went where they could reasonably afford?  Feel free to again insert "house" etc... And, yes, I realize I'd be out of a job.  

  • PLEASE POST MY COMMENT!
  • Posted by Shani S on March 20, 2009 at 8:00pm EDT
  • Just as usual, the fat cats want things to remain the status quo; however, the fact remains that the student loan process has become a proven FINANCIAL FAILURE for far too many people seeking a higher education; and I COMMEND the Democrats in Congress for taking some steps towards reforming the student loan lending system. Also, I respectively request that Congress ROLL BACK the consumer protection/bankrupcy laws to the PRE Republican/Bush majority control, in order to provide some protection to those already under the stranglehold of predator lenders, and facing serious financial hardship during these trying economic times.

    Actually, why doesn't Congress provide a BAILOUT to the hundreds of thousands of citizens, who are currently being victimized by student loan lenders, such as Sallie Mae, who are the 21st century Student Loan Lender Pirates in this country! In my opinion Sallie Mar is no different than AIG, and all the BANKS, who have been handed BILLIONS of tax payer dollars, and in return they have snubbed their noses at the middle income worker. This is a disgrace; and I'm fairly confident that the U.S. tax payer would rather see their tax dollars go to helping out STUDENT LOAN BORROWERS, who deserve it a whole lot more than the greedy thieves in the financial industry.

  • Get a Clue, Leeann
  • Posted by Jason Paskowitz , New Jersey State Lead - StudentLoanJustice.org on March 20, 2009 at 8:00pm EDT
  • Leanne, as Will said, when you're dealing with major life crises, the last thing you're capable of dealing with is some call center drone from SLM Corporation sitting in a cubicle somewhere in the 317 area code. (It appears that collection agencies and call centers are the only things that thrive in Rust Belt states anymore). I moved a number of times in my 20's, and dealt with periods of recession/unemployment as well as illness.

    No, repayment options are NOT explained clearly. Nor are forbearance, deferment, etc.

    I attended a fairly prestigious public university. Even with all the bogus fees, costs, interest, and alleged principal for semesters I never attended school, my defaulted student loans clock in well under 6 figures. There are now people borrowing 6 figures in principal, right off the bat, to get toilet paper degrees from the type of correspondence courses -- I mean, "online universities" -- that a few decades ago, before the Internet, would have been advertising on the backs of matchbooks.

    It is kind of fun watching the flailing of all the stakeholders in the current student debt system as they see the inevitability of their comfortable little universe being deconstructed.

  • student loans
  • Posted by Rafi Cate at several on March 20, 2009 at 8:00pm EDT
  • Arguments that loan officers are good people who are merely trying to help students get through college are beside the point. That someone got a college degree in the '70s by means of loans is not comparable to what has happened since, particularly in the last decade. It's the structure now behind loans which is the problem. Usury is an apt description, and preditory a fitting adjective. Only one of the advisors at the six schools I attended as undergrad and as grad student ever clarified the critical details. What started out as a service to consumers became, like the rest of the finance industry, the province of scoundrels. Blaming those with bad loan terms for their own problems is like blaming a patient for botched surgery.

  • Posted by kgotthardt on March 21, 2009 at 7:45am EDT
  • Truth be told, most students wouldn't care where the loans came from if borrowers were protected from loan sharks, disreputable lenders, fraud schools, liars and cheaters.

    And truth be told, most students would not take out loans if they didn't have to.

    So what does this say about the system?

  • We are trying to treat the symptom, not the cause.
  • Posted by Christopher Kessler on March 21, 2009 at 11:15am EDT
  • It is time that we start to look at the fundamental problems that underlay this entire system of higher education. If going to college is now a necessity rather than a luxury, then we must start treating it like public schools. With the current student loan system, we are simply placing someone in the middle of the people and the education to collect an extra toll. These people are profiting handsomely while the rest of us (low-income people) become wage slaves. I refuse to work for Sallie Mae for the rest of my life. That is not what I went to college for.

    Let us look at governments like Sweden or Norway, who provides tax-payer funded tuition. This allows their citizens to leave college with less debt, and also involves private lenders to give loans for other things such as books or living expenses. This is the only morally acceptable way. These fundamental rights should not be for-profit!

  • Well, now that that's settled
  • Posted by Edward McKinley on March 21, 2009 at 11:15am EDT
  • I am so glad we have had this forum in which to express our views. Let's review what we have learned, shall we ?
    Many FAA's are offended by the assertion that they have willingly participated in a convoluted educational finance system which, on the one hand, apears to be the only viable option for many lower and middle class citizen's to gain access to higher education.
    It is entirely plausable that most of these individuals acted in the best possible interest of their employers and the students. I find it entirely plausable that many FAA's were never fully awakened to the reality of the fact that as many as 30% of the student/borrowers would ultimately encounter circumstances that would lead to their no longer being able to meet the full obligations of repayment. It is entirely possible that many FAA's were simply unaware that most of those individuals would then face a state of indentured servitude which most of us believed could not exist in this country. After all, none of the victims I know did either. Surely you would have told them.
    Well...if you've been paying attention at all, now you do.
    Regardless of the circumstances that lead to default, whether it was financial hardship and tragedy, or simply a periodic lapse in good judgement, absolutely no one deserves to lose their financial future permenantly.
    We are not asking for a free ride. We are asking to restore the same rights and protections that all other consumer debts provide. Then let the chips fall where they may.
    Lenders and guarantors have a voice. Apparently colleges, universities and even FAA"s have a voice. Student/borrowers have none. Let's even the playing field.
    FAA's reading this:Sorry that we impinge upon your soil. But, tell me, if you are so concerned about the wellfare of the students you serve why are you not taking a stand on our behalf ? I urge you to become better aquainted with some of the 10's of thousands of individuals living in desparation because their loan repayment got screwed up and now they are handed a life sentence of financial leprosy.
    You can make all the arguments you want defending this system and pointing out your "success stories" and tales of good deeds and integrity, but now that you begin to hear our pain, have the decency to step up to the plate and look at both sides of this problem. You cannot simply say that you are making the best of a bad situation when you know down deep many people you endeavored to help have been very deeply hurt. You may not be to "blame" but now that you know, you are accountable. Or, were you " just following orders?"

  • Take Greed Out of the Equation.
  • Posted by Emily on March 21, 2009 at 12:15pm EDT
  • I'm sorry, but all the lender-backed guaranteed loan program does is ensure profits for lenders. And this guarantee is not just that the lender will be made whole in the case of default, but in certain circumstances they are guaranteed a specific interest rate. So, even if, as now, the interest rate they are required to charge falls below, say 6%, and the government promised them 6%, the government subsidizes the difference to benefit the lender.

    Now, most people would agree that a loan program where banks loan money with zero risk and guaranteed profits would be a windfall for the banks. But, as is the custom in America, the banks lenders have to get greedy. The lenders happily accept the government's indemnity payments when a loan falls into default (the lenders in fact help it into default by denying forebearances), and then go out and act as collections agents on the same loans for which they have been made whole.

    My own Stafford Loan has a provision that if I default, 30% of the ORIGINAL principal ($23k) will be tacked on as a penalty, and the interest rate will jump to 18%.. And again, this is on a loan for which the lender has already been made whole. As a borrower, I have no option to discharge any part of the loan, or to have to restructured in bankruptcy. And the only foreseeable reason why I (personally) would default on my loan would be that I was experiencing a profound hardship such as prolonged illness or job loss.

    I would like to see Obama's plan to end the lender backed guaranteed loan program go through, in the hopes that it will take greed out of the equation of student lending. It would be more than fair to change rules for default to fall in line with rules for repaying back taxes. But until you take private for-profit companies out of the equation, there is no hope for changes of any kind.

  • A preposterous system is falling apart
  • Posted by Joseph Franks , Adjunct at CUNY on March 21, 2009 at 2:15pm EDT
  • When a degree costs as much as a villa in Tuscany, you know there is something wrong. The question of what and how students are being advised is important, but it isn't at the root of the problem.

    Education is the most important societal investment for its future. Whether we retain tuition fees or eliminate them altogether, no student should have to burden herself with debt just to get an education.

    In the near-term, all that need be done is to restore bankruptcy protections to all student loans, and let bankruptcy - a system that has been working for hundreds of years - sort things out. Good educational investments will remain, and those educational investments that have turned sour will be eliminated. What works for business investments will likewise work with educational investments.

    Until the day comes when the only educational investments that are made are in the federal budget.

  • Posted by Longtime FAA on March 21, 2009 at 4:30pm EDT
  • To Edward:

    I think you are absolutely correct when you say

    "Regardless of the circumstances that lead to default, whether it was financial hardship and tragedy, or simply a periodic lapse in good judgement, absolutely no one deserves to lose their financial future permaeantly."

    You make an excellent point which I think needs to receive more advocacy and attention. I would like to point out that the "not dischargeable in bankruptcy" and severe default penalties didn't use to exist -- they resulted from a time in the late seventies/early eighties when the hot topic was how many students were NOT paying back loans, and abusing the system by taking out loans for classes they never intended on attending, and how much money the government was losing . So in trying to tighten that up, it seems the pendulum has swung too far the other way.

    I think NASFAA's proposal is about the financial structure - it isn't about the actual promissory note and loan terms. Let's discuss the merits of the proposal, as is, and hope more proposals about loan repayment issues will be forthcoming.

  • DL vs FFELP
  • Posted by Don B , Citizen at Avery University on March 21, 2009 at 11:00pm EDT
  • Not sure where the author has been, but I have seen numerous comments from Senators and Reps noting that they do not want FFEL eliminated and want add'l time to study the proposal. One even noted that the current DL servicer (ACS) and a company that wants to service DL loans (Sallie Mae) outsource a large portion of their call centers. Support America or support overseas countries.

  • Absurd?
  • Posted by Alan Collinge , Founder at SLJ on March 22, 2009 at 8:15am EDT
  • DFA correctly states that NASFAA does not have student loan executives on its executive board. However, my (badly worded) point remains, that FAA groups routinely appoint student loan executives into leadership positions. Witness the Rocky Mountain FAA Group (RMASFAA): While they keep the list of their board members hidden from public view (for what reason I couldn't guess), I did happen to stumble upon their site in summer 2007, and just happen to have saved the pages. Here is the leadership of this FAA Group as of June 23rd of that year: Approximately 20% of the leadership are student loan executives.

    Amaloo, Michael - EDFUND Johnson, Donna K - College Loan Corporation
    Summer Institute - Member Corporate Development - Chair
       
    Bell, Beverly J - Northwest College Junk, Dennis - North Dakota University System
    Leadership and Mentoring - Chair Electronic Initiatives - Member
       
    Broscheit, James - Colorado State University Kocer, Kenneth J - Mount Marty College
    Summer Institute - Member Membership - Member
       
    Brown, Donna - Davis Applied Technology College Kucera, Vicki M - Central Community College - Hastings
    Summer Institute - Member Summer Institute - Member
       
    Burton, Jan - Ogden-Weber Applied Technology College Lane, Pamela J - Northern State University
    Membership - Member Summer Institute - Member
       
    Campbell, Scott B. - Sallie Mae Inc - Reston Lyons, Anthony D - Dodge City Community College
    Summer Institute - Member Association Governance - Member
       
    Capps, Amy - University of Utah Martin, Curt - Mesa State College
    Summer Institute - Member Board of Directors - President-Elect
       
    Chapman, Judy A - Montana State University - Billings Martin, David W - South Dakota School of Mines
    Membership - Member Board of Directors - South Dakota
    Summer Institute - Member  
      Mason, Peg - Colorado School of Mines
    Christensen, Chris L - College Loan Corporation Association Governance - Chair
    Electronic Initiatives - Member  
      Merz, Nancy S - Commerce Bank NA - St Louis
    Clark, Wendy A - University of Utah Membership - Vice-Chair
    Summer Institute - Member  
      Milatzo, Vito - Laramie County Community College
    Crook, Linda K - Red Rocks Community College Membership - Member
    Board of Directors - Colorado  
      Mott, Jeanne - Baker University
    Drybread, Robert - University of Colorado - Boulder Summer Institute - Member
    Conference - Chair  
      Palermo, Pamela B - Eastern Wyoming College
    Easton, Cristi - Salt Lake Community College Training - Chair
    Board of Directors - President  
    Association Governance - Member Palmer, Gail A - Washburn University
    Nominations & Election - Chair Membership - Member
    Summer Institute - Member  
      Reed, Debra L - Chief Dull Knife College
    Esau, Julie - The College Board Diversity & Multi-Cultural Initiatives - Chair
    Association News - Chair  
      Riis, Janet - Carroll College
    Flaherty, Donald W - Trinity Bible College Summer Institute - Member
    Board of Directors - North Dakota  
      Romero-Hunter, Mary Anne - US Bank
    Gamez, Robert - Kansas State University Summer Institute - Member
    Summer Institute - Member  
      Ruthven, Misti D - College Assist
    Green, Brandi S - Western Governors University Summer Institute - Member
    Training - Vice-Chair  
      Schuman, Sally C - University of Wyoming
    Gregory, Jeff - University of Colorado - Boulder Board of Directors - Past President
    Electronic Initiatives - Chair Association Governance - Member
       
    Gruba, Terri - University of Montana Sell, Randy - University of Nebraska - Omaha
    Board of Directors - Secretary Board of Directors - Treasurer
    Finance & Audit - Chair Summer Institute - Member
    Summer Institute - Member  
      Sommers, Mary - University of Nebraska - Kearney
    Gruen, David - University of Wyoming Association Governance - Member
    Board of Directors - Wyoming  
      Stephens, Terri L - Davis Applied Technology College
    Hall, Daphne - EducationQuest Foundation Board of Directors - Utah
    Board of Directors - Associate Member Delegate  
      Swanson, Jim - Colorado College
    Harris, Jim - Nelnet - Aurora Association Governance - Member
    Association News - Vice-Chair  
      Thewke, Shareen - University of Nebraska - Omaha
    Harris, Margie R - Clarkson College Board of Directors - Nebraska
    Summer Institute - Member  
      Tindell Stephenson, Susan - Western Nebraska CC
    Hasting, Katharine - Butler County CC - KS Membership - Chair
    Finance & Audit - Member  
      Uecker, Grant G - Mitchell Technical Institute
    Hazelgren, Jon - Citibank SLC - Denver Finance & Audit - Vice-Chair
    Finance & Audit - Member  
      Voigt, Darry - Casper College
    Henrie, Elaine - Emporia State University Association Governance - Member
    Board of Directors - Kansas  
      Warrick, Danni - College of Saint Mary
    Hicks, Brenda D - Southwestern College Summer Institute - Member
    Summer Institute - Chair  
      Weber, Laurie E - Minot State University - Minot
    Hoggatt, Kelly D - Manhattan Area Technical College Membership - Member
    Summer Institute - Member  
      Williams, Carol L - McPherson College
    Howard, Mary L - Student Assistance Foundation Electronic Initiatives - Vice-Chair
    Summer Institute - Member  
      Williams, Molly M - Laramie County Community College
    Jacobs, Jeff - Bismarck State College Summer Institute - Member
    Board of Directors - Vice President  

    I have't bothered to check into other groups...but I would bet that similar absurd conflicts abound. DFA goes on to use a similar argument about me and my organization, StudentLoanJustice.Org, and the lack of disclosure on this site. This tactic is ridiculous on its face. I am a private citizen, I have no board, I receive no pay, and with the exception of a tiny PAC (which takes in about $9,000/year), do not receive funding for my work. The only thing I have in common with Nasfaa is that we both claim to be holding the students interests in first position.

    DFA points out that I do not disclose that I am "shilling a book", or that I defaulted on my student loans. Regarding my defaulted student loans: Every interview I do starts out with me describing how my loans went into default. In fact, I daresay that for a time, I was the only person in the country willing to stand up and talk absolutely candidly about my defaulted student loans, and use my real name as opposed to the. people who go to great lengths to conceal their identities (friends of yours perhaps?) and then start anonymous websites specifically designed to point out what a deadbeat defaulter I am and discourage my efforts to fight for the restoral of standard consumer protections to student loans...so I think Im covered on that point as well, DFA . Finally, I've never mentioned any book on this comment board- I think most of the people reading this know the story better than I could tell it anyhow, so what's the point?

    So all the essential elements of my argument remain intact, and while you decry the fact that the important FFELP/Direct debate is being drown out by this irritating noise about standard consumer protections, I decry the fact that you again have the arrogance to turn your back on the students who you claim to have served for 15 years- about a quarter of whom were trapped by a predatory and inflationary mechanism that will likely persist under either lending system.

    I have seen only one commenter on this board who points out the obvious fact that until fundamental protections are restored for student loans, the loan holders will not have skin in the game, and won't be motivated to reduce defaults through better quality, efficient delivery, and lower costs in higher education. I doubt that he is an FAA.

  • second time trying to post this comment
  • Posted by Jessica G. on March 22, 2009 at 3:00pm EDT
  • As an earlier commenter said, it is impossible to support a ‘middle-class’ lifestyle with a high school diploma. For that reason, I took out student loans to attend Smith College and Cornell Law School. I graduated from law school in 1996 approximately $110,000 in debt ($20K from college, $90K from law school). My husband graduated with $70K in debt. Like now, 1996 was a poor job market. Like many of my fellow law school graduates, I was unable to find gainful employment (a trend that continued for many years). My husband worked as a law clerk for $36,000 per year. When the loans came due, we were under water. I worked as a temp for Kelly, and between forbearance, income contingent repayment, and refinancing, (and a lot of temp jobs that didn’t do much to further my ‘career’) we were barely able to make the payments. We did not visit our families for holidays (a strain that they never understood), buy new clothes, go to weddings, have cable, or eat out. We continued that lifestyle until 2008 when we made our last $2500 month payment.

    I worked for a student newspaper while in school and while writing a story on loans, I asked the hard questions. The various financial aid officers assured me that it would all be alright. That everyone gets a job and handles it, and this was said despite me presenting them with repayment charts showing huge payments that exceeded most Americans’ mortgages. They were lying, disingenuous, or just wrong. They handed out loan money like it had no cost. And many students took it. I think a financial aid officer’s fundamental job is to make sure the school gets their tuition paid. It’s not about helping the student. It’s about maintaining the institution.

    Most people I know are approaching forty and have not even begun to chip away at the principal. They have delayed home ownership, childbearing, and entrepreneurship - three of the fundamental principles of our consumer economy.

    I think Obama’s proposal is a step in the right direction. The other issue that needs to be addressed is tuition price controls. While loan money was available, college tuition bloated like housing prices sucking up funds like a Hoover.

    Additionally, I believe some standard consumer protections are in order. The only out I could see reading various promissory notes over the years was death. I’m not sure that’s the message lenders and their lobbyists want to send.

  • Student loans
  • Posted by feudi , FAO on March 23, 2009 at 9:30am EDT
  • It is disappointing to read the slander directed at financial aid officers on this website and shows just how much damage the Cuomo's of this world can do when they decide the poison the water of public opinion with innuendo, slurs, and half-truths. For the record, NASFAA is funded primarily from membership fees. It exists to help promote funding for higher education and yes, that does involve lobbying members of Congress which is a perfectly legitimate practice under the U.S. Constitution. There were about five schools out of about 5,000 that were found to have violated the law or to have been involved in questionable business practices by Mr. Cuomo. The vast majority of financial aid workers are sincere, honest, hard working people.

    Last week, NASFAA presented an alternative loan system that took the best parts of FFELP, Direct Loans, and Perkins loans and offered it as a rational alternative to the current Administration plan which, as I read it, comes close to creating yet another "Fannie Mae or Freddie Mac"-type business model. I applaud President Obama for increasing the resources devoted to higher ed but feel we are leaving ourselves open to yet another financial fiasco if we leave our nation with one government-based loan program. Frankly, as much as I don't trust the banks, I trust the federal government even less when it comes to administering such a vital program. Let's not be too hasty. Let's at least examine the NASFAA aletrnative plan.

  • FFELP vs DL
  • Posted by Jerry in LA on March 23, 2009 at 3:15pm EDT
  • Very interesting comments. I wasn't going to comment, but some of these comments are just too good to ignore.

    First of all, one poster (and a couple of others barely touched on it) addressed the correct problem, in my opinion - AMDFAO stated "I would find it refreshing to hear anyone actually being honest about the real issue: buying stuff you can't afford." Thank you. There are plenty of colleges around where 99% of us would not need student loans to attend. If you are not 'wealthy', consider attending a lower cost institution. Yes, I know, the idea of attending a state college is appalling to some of us.

    Now for some of the other comments. I just couldn't just comment on one or two, there were too many good ones, so let's just jump in and have some fun......

    "It is virtually impossible to make a living with only a high school diploma anymore in this country. There are very few jobs that will sustain a family with no college education, but the only way to get that degree is to promise every penny you earn with that degree in return." Where to begin on this one? "Impossible"....well, not quite. I have a few 'non-college' friends who earn more than this 2 degree commentor. One of my co-workers' spouse (non-college) makes TWICE her salary. This is not as un-common as you think (GM? Ford?). Sorry to shatter your "college is an absolute necessity" world.

    "Lenders have enabled schools to raise prices with impunity." So Direct Loans will prevent this? Oh, some would argue that PELL grants and endless other grants/scholarships have something to do with rising tuition also. But lets keep the focus on the evil lenders, right?

    "It is a FACT that virtually ALL students who are not at the handful of Ivies without student loans WILL have the MAXIMUM allowed in FFEL loans." Ah, no. You must not be a FAA.

    "Out of control lending is destroying the hopes and dreams of our students." Don’t you mean out of control “borrowing”? Or out of control "tuition"? Really - lenders are running around in our communities striking fear and terror in our poor students?

     

    "Actually, why doesn't Congress provide a BAILOUT to the hundreds of thousands of citizens, who are currently being victimized by student loan lenders." Ok, but let's see a definition of "victim". Anyone who over-borrowed, right? And for the folks over the past 40 years who have re-paid their student loans? Refund please.

     

    "There are now people borrowing 6 figures in principal, right off the bat, to get toilet paper degrees from the type of correspondence courses -- I mean, "online universities" -- that a few decades ago, before the Internet, would have been advertising on the backs of matchbooks."

    And who is FORCING these people to borrower '6 figures'? And the Direct Loan Program will fix that....how?

     

    "Blaming those with bad loan terms for their own problems is like blaming a patient for botched surgery."

    Not the quite the same, you have to admit. Now, blaming them like blaming people for buying cars or houses they couldn't afford, yes, that works.

     

    "And truth be told, most students would not take out loans if they didn't have to." Probably. But you have to admit that many students do indeed take out loans without the (real) need, simply because its there and they can go out and pay some car notes or cell phone bills with it.

     

    "As a borrower, I have no option to discharge any part of the loan."

    For the record, there are several loan discharge provisions, as well as loan forgiveness (ie, teachers). And it seems I remember something about 60+ new loan forgiveness programs created with the latest re-authorization.

     

    "…all that need be done is to restore bankruptcy protections to all student loans, and let bankruptcy - a system that has been working for hundreds of years - sort things out."

    If only it were that simple. There are many issues involving bankruptcy that should be considered. How soon after earning that $100k law degree would someone be allowed to file bankruptcy and walk away from that debt?

     

     

    And now for the ELEPHANT in the room. These final 2 comments sum up one of the REAL issues of the anti-lender side:

     

    "I'm sorry, but all the lender-backed guaranteed loan program does is ensure profits for lenders….But until you take private for-profit companies out of the equation, there is no hope for changes of any kind."

    and.....

    "If prviate companies want to make a profit then go sell a car, a house, a boat, whatever but don't sell off the future of our children to make a few bucks."

     

    Let's admit it folks, you don't want anyone to make a "profit" in the education industry. Education should either be at cost, or free (which is where we are heading). No one should make a profit, because, well, that is just wrong. Education is not a business, right? (sorry about the use of the term "industry").

     

    From many of the comments, I summize that the REAL issue is not with service, or debt load, or consumer protections. Most agree that the DL program is not an improvement on any of this. So it must be something else. Profits. Evil, evil profits.

     

  • Setting the Record Straight
  • Posted by UHEAA at Utah Higher Education Assistance Authority on March 23, 2009 at 7:30pm EDT
  • We were disturbed by statements made by Terradea on March 20, 2009 at 8:30 am. We would like to clear the air with a few basic facts about student loans.

     

    Claim: "No one should EVER borrower money for school. NEVER [sic]."

     

    FACT: Unfortunately, student loans are necessary for many people who might not otherwise pursue education beyond high school. However, it is important to stress that a prospective student should always search for grants, scholarships, and work-study, and should completely exhaust these options before turning to student loans. If a student must take out student loans, he/she should always apply for federally guaranteed loans (e.g., Perkins, Stafford, PLUS) before turning to private student loans.

     

    Claim: "...lenders...get away with doubling or tripling loan amounts by forcing students into default."

     

    FACT: Borrowers are not "forced" into default – default occurs when borrowers choose not to make payments for 270 days (nine full months).

     

    Unpaid interest which keeps accruing every month a payment is not made is what causes a borrower's outstanding balance to balloon – just like every other type of loan.

     

    Collection costs on defaulted loans can also increase the outstanding balance. Before a borrower can be charged collection costs on federally guaranteed student loans, the government or its contracted representative must notify the borrower that his/her loans have defaulted and give the borrower a minimum of 45 days to respond and make affordable payment arrangements. If the borrower does not respond or refuses to make or keep payment arrangements, then the federal government or its contracted representative can charge collection costs of no more than 25% of the borrower's outstanding balance.

     

    These things can be avoided if a borrower maintains contact with the government or its contracted representative.

     

     

    Claim: "...student loans cannot be discharged in bankruptcy or...even in the face of extreme illness..."

     

    FACT: Contrary to popular belief, federally guaranteed student loans CAN be discharged in bankruptcy. In order for these loans to be discharged in bankruptcy, the borrower must file an adversary proceeding in bankruptcy court asking for a hardship discharge of the loans. This requires the borrower to submit proof that paying his/her student loans would cause an undue financial hardship.

     

    Federally guaranteed student loans CAN ALSO be discharged in the event of extreme illness if the illness causes the borrower to be permanently unable to work or earn a living. If a borrower becomes totally and permanently disabled and cannot work or earn a living, the borrower should contact the federal government or its loan servicer and complete the Loan Discharge Application: Total and Permanent Disability form. Borrowers should visit http://nchelp.org/elibrary/index.cfm?parent=62 for a complete list of forms relating to discharging or forgiving federally guaranteed student loans.

     

    If a borrower is not totally and permanently disabled, but has experienced a hardship which has caused him/her to not be able to work or earn a living for a specified period of time, he/she should contact the federal government or its contracted servicing agency to have his/her payments temporarily suspended until he/she can work and earn a living again.

     

    Claim: "...student loans are the ONLY loans that come with no consumer protections whatsoever..."

     

    FACT: Federally guaranteed student loans DO have protections for borrowers.

     

    For example: If a borrower is having trouble making payments, he/she can temporarily suspend payments through deferment or forbearance.

     

    Deferments are required by the federal government and must be given to the borrower if he/she qualifies. A borrower could qualify for a deferment based on financial hardship, unemployment, military service, temporary disability, and other reasons. If a borrower is eligible for a deferment and has subsidized Stafford loans, the federal government will pay the accrued interest on the subsidized loans during the deferment period.

     

    Forbearance is similar to deferment, and can be granted for a wide variety of reasons. Regardless of the type of loan a borrower has, he/she is responsible for the accrued interest during the forbearance period.

     

    The above statements apply to federally guaranteed student loans only and may not apply to private education loans.

     

    If a student must take out student loans, it is important that he/she exhaust all types of federal aid before taking out private education loans. As always, students should only borrower what they absolutely need. If a borrower runs into trouble during repayment he/she should always maintain contact with the federal government or its contracted servicer to avoid default and obtain needed help.

  • A matter of public policy
  • Posted by Brian Galloway on March 25, 2009 at 5:45am EDT
  • This entire issue is a matter of public policy.
    Effective public policy looks like this: Congress passes legislation that becomes law. Because the legislation is vague and imprecise, by design, our court system develops case law that creates nuances in how it’s applied to society. The nuances recognize that people have different circumstances. For the sake of equity, the body of case law recognizes the variety of circumstances, and creates remedies accordingly. People are treated differently or similarly under the law depending on their circumstances.
    The current student loan system is ineffective and unworkable, because it treats all borrowers the same regardless of their circumstances. Because Congress removed all standard consumer protections from the laws governing student loans, there’s no basis for developing case law to recognize differing circumstances and life situations. Instead of the courts, it’s the corporations themselves who decide that. And since their primary ‘charge’ is to maximize profit, they of course have no incentive to be equitable. This is very poor public policy.
    That’s why the laws must be changed, and standard consumer protections restored to student loans.

  • Brunner Test
  • Posted by John Wilhelm on March 25, 2009 at 7:00pm EDT
  • UHEAA's assertion that student loans have protections because they can be discharged in bankruptcy if a student proves--in an adversarial hearing--that they pose an "undue hardship" is totally disingenuous. While it is true that the bankruptcy law technically allows for this provision, UHEAA knows that for all intents and purposes the courts have interpreted this standard so narrowly--using the so called Brunner test--that a student basically needs to be comatose before they can get a discharge using this provision. Courts have been so narrow in applying this standard that it is effectively impossible to dsicharge a student loan in bankruptcy, even if you are bascially destitute. Moreover, even if a student would qualify for such a discharge, they would have to pay tens of thousands of dollars in legal fees to fight an adversarial proceeding against sophisticated student loan corporations who can pay $500 an hour plus for their lawyers. So EFFECTIVELY, it is nearly impossible to discharge a student loan in bankruptcy. UHEAA knows that. The bottom line is even if Congress does not change the law to restore standard consumer protections to student loans, the bubble will burst eventually as more and more young people conclude that a college education is just not worth the risk of perpetual debt servitude to corporations and/or the federal government. Time to pump and dump your student loan portfolios, because the current system in unsustainable and will come apart soon.

  • kgotthardt
  • Posted by DFS on March 27, 2009 at 5:15pm EDT
  • This says only that most students now are like most students were when I was a student.

  • Posted by Dan on April 4, 2009 at 2:15pm EDT
  • While the ability to easily discharge a student loan through bankruptcy is debateable, the fact remains that there are consumer protections availible on all Federal student loans. As UHEAA stated, deferments and forbearances are availible, and very easily obtained.

    What other type of loan besides a Federal student loan allows you to stop making payments if you lose your job?

    What other kinds of loans can be discharged for permanant disability or death?

    What other loan product allows you to take out up to four years of forbearance, at any time during the repayment cycle, via a simple request?

    The fact of the matter is that Federal student loans are among the most forgiving loans availible anywhere. I will concede that student loan debt can be a burden to many. But perhaps we should look at decreasing the cost of education rather than overhauling the system that covers the gap in funding.

  • Posted by Rita , financial aid counselor on April 6, 2009 at 12:45pm EDT
  • Replacing the stafford loans with direct loan will not change the terms of the loans. The implication that loans are forced on students is misleading. It is the student who choses to borrow. It is also important to undetrstand that schools are REQUIRED by law to process loan applications of all eligible students whetherornot we belive borrowing is in the best interest of a particular student. In the old days we constantly talked about "deferred gratification" which meant students were wiling to live very modestly in order to minimize borrowing. Now students appear wo want it all and in many cases borrow to finance their lifestyle. All the whining about not being informed is tiring. Schools are required by law to conduct entrance and exit counseling sessions and are audited for compliance. The materials provided in those sessions include terms, repayment options, and consequences of non payment.

    The bankruptcy discussion goes back to the late seventies when students in droves decided that they could get around student loan repayment by declairing bankruptcy. That is why the Congress passed the law banning student loan bankruptcy - student greed in this case.

    Students also have lower cost options in terms of education. They can choose a low cost public education over the much higher name brand privates. I believe I read somewhere that most of the CEOs of the largest corporations in this country attended public institutions or did not graduate from college at all.

  • Posted by Shaka Zulu on April 15, 2009 at 7:30am EDT
  • I am glad i am moving out of the United States for good. Yes i have student loans and i have US citizenship. Its interesting to see what will happen to most people as unemployment increases and many students default. But the positive thing i am sensing is that as hyperinflation sets in, it will wipe out most of the student loan debt. in otherwords, many loans will be repaid with worthless dollars in future for those with jobs. For me, i am not planning to return to USA, and since i have put in alot of money in social security and medicare/medicaid taxes, i guess i am doing a favor the US government since i will never collect that money. They can withhold my social security checks in future to pay for my loans/collections fees/loan shark fees etc. And for sending me notices, let them not bother, they will never get a response in a million years. Good luck to you folks, hopefully, the politicians do something this time in the interest of students.