It turns out that other loan servicers, in other contexts, do exactly the same thing. And while I maybe should have expected that, I didn’t fully see it until this CFPB report. Look how they summarize the conduct of student loan servicers:
Surprises cause borrower confusion: Private student loan borrowers told the CFPB that after they graduate, some have a hard time figuring out how much they owe. Borrowers complain that they may not receive the information they need about their loans when repayments begin, and are caught off guard by unexpected terms and costs. Some surprises include unknown or misunderstood terms and conditions, accounts changing hands, unauthorized payments, and unexpected forbearance fees. With limited information to anticipate and avoid these surprises, some borrowers end up in trouble.
Borrowers report getting the runaround from servicers: A common theme found in the complaints is the difficulty some borrowers face when trying to contact their servicer. Borrowers report having difficulty taking advantage of the incentives promised to them before they signed up for the loan. Then, whether it is looking for clear and accurate information about bills, trying to find payment options, or simply trying to get payments processed properly, some borrowers complain about getting the runaround. This may include payments credited late or unevenly, faulty record-keeping, and inadequate assistance from servicing staff. The report finds that the service problems in private student loan servicing reported by borrowers mirrors the experiences borrowers have reported in mortgage servicing.
Borrowers face refinancing dead-ends: The report found that another theme of the complaints was that responsible borrowers find themselves locked into loan terms they cannot negotiate out of – no matter what their circumstances. Despite efforts to make good on their loans, some borrowers stated that they ended up in distress with limited or no options for deferrals, forbearance, or interest-rate changes. According to the complaints, even some co-signers who were promised that they would be released from responsibility after a period of on-time payments, may find themselves trapped in the loan. The results can be disastrous for some borrowers, especially ones new to the job market and struggling to find work.
So student loan borrowers cannot get clarity on the amount owed. They find surprise costs and unexpected loan terms. Their loans change hands without them knowing about it. They have difficulty contacting the servicer. The record-keeping is dubious. They cannot modify the terms of the loan, as the servicer will not agree to any new options.
This is the mortgage servicing market, grafted onto the student loan servicing market. The same problems keep cropping up. Servicers exist in a power relationship with their borrowers; they have all the power, and they use it to drive the borrower into more and more debt. This borders on being counter-productive, since a default, much like a foreclosure, has negative long-term consequences. In the short term, the servicer gains through additional fees and loses big through modification. So jerking around the borrower becomes the primary option.
The exact same thing happens in auto financing, which has even less regulation and oversight (CFPB doesn’t have full control overseeing most auto lending, sharing it with the Federal Trade Commission, but they are moving more and more into that space nonetheless). We see hidden fees, changing terms and predatory behavior throughout the auto finance process.
Lax regulation has basically created a circumstance where consumer loans exist as invitations to rip people off. CFPB is a cop coming very late to that beat, and they have a lot of ground to cover.
Here’s the full CFPB report on student lending.





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This is news? I finally retired my student loan debt a few years ago, and when I did the cost of churning (selling the loan to another servicer) fees were greater than what I paid in interest.
While self-employed and barely making a living, I endured harassing calls from collectors who would verbally bludgeon me. If I complained to the government, the loan would get churned, and suddenly I would be getting collection calls from another company and my statement would show about $1,000 in churning fees tacked on.
This is legal. This is the system Congress gave us. It is past time to churn Congress by electing new representatives.
What was it DiFi said to Durbin? “This is still America, isn’t it?”
This is standard business practice for all big business in America these days. Flim Flam has become an art and a science and the machine is geared to trick, obfuscate, deceive, and confuse. The customer is the prey and buyer beware is a thing of the past since there are no choices for most people. Once you sign up for a service you are immediately written off and no longer treated as nicely as you were before becoming an actual customer. You are now subjected to customer punishment rather than customer service.
See http://jennifermariedonahue.tumblr.com/post/33692757238/customer-punishment
It turns out that other loan servicers, in other contexts, do exactly the same thing.
Yes, because the same predators that ran the mortgage scam are running these, and they will continue to do so until we start sending them to jail.
The financial system is beyond repair. It needs to be gutted and rebuilt from the ground up.
The borrower is the slave of the lender.
The lender who uses trickery and deceptive practices is an asshole.
Update:
The borrower who is tricked and deceived is slave of the asshole, but slave nonetheless.
So are you saying you are an asshole or a slave?
My experiences with Sallie Mae in the 1990′s was equally disturbing. When I bought my first house, the lender baulked on the eleventh hour because my student loan monthly payment appeared three times on my credit report. It was 5 o’clock (pm) and the deal had to close the next day. I begged the night time supervisor at Sallie Mae’s processing center to write a letter to my bank (for the next morning) so I could get funding. I explained that it was their mistake not mine that was costing me a new home. She took pity on me and I got the loan and my first house. I think I slept a whopping 2 hours that night (because I would have had no place to live if the letter did not come through).
Prior to this event (circa 1980′s), I wrote the Senator Kennedy. His office replied over the phone and said that Sallie Mae (ELSI or what ever you call them) was one of the most fucked up loan programs out there.
For those out there having similar issues, I feel you pain.
January 21, 1793
When hubby had outstanding loan, they dinged late fees Every. Single. Month. Didn’t matter if I mailed it 3 days or 30 before the due date, it ALWAYS posted the day after. Luckily we were in a position to pay it off.
I bet borrowers just can’t wait for Juneteenth.
The federal government should never guarantee any loans. If it is required to be a guarantor, it should just go ahead and be the lender, especially when it comes to students.
Is it for him to decide?
I wasn’t expecting an answer but the majority of the commentary contributed would indicate he is the former not the latter.
False dichotomy.
Neither a borrower, nor a lender be…
And here’s the thing…many of us…specially us single divorced women, mother of four types, were victim of predatory lending in housing AND financial aid. And then folks wonder why we stupid poor women can’t get ahead!! They target minorities, women and elderly. So we are toooo stupid to be treated with fairness and dignity. It’s a double whammy. To top it all off, many of us struggle with health insurance issues, add to that child support (and those guys who just suddenly out of no where stop paying- one of the number one causes of bankruptcy for women next to health care). Then add all the predatory “fixers” like “foreclosure help”, and “loan consolidation” and “quick loans”. Oh and one more thing to make you lose your freakin’ mind…yah, you need a good credit report to get car insurance rates, and to get an apartment, and to get a job!!!
Happy freakin’ day to the poor suckers who have been hit by all of these issues. In my household this is the reality of my life.
predatory student loans from a private college in 1998
predatory housing loan in 2001
health care crises emergency major surgery in 2000
Mrsa infection that sets up a chronic health condition
marry a union guy who loses his job (after 9 years of consecutive work)
Ex husband suddenly quit paying child support after 10 years of consistent payment
Check fees from automatic payments that reach as much as my house payment
A missed house payment
surviving on 2000 a month with a 1200 house payment.
Domestic violence counselor who gets all funding cut through the course of 8 years of Bush with each year cutting more and more.
Increased health insurance costs, increased deductibles. 5000$ deductible.
Mrsa infection discovered due to septicemia with a 5000 deductible.
second missed house payment
foreclosure.
Foreclosure fraud.
10,000.00 in additional fees on house loan.
No enforcement of child support.
Ex now owes 14,000 in back support
Husband still unemployed sitting the bench with union
My dv counseling job ends, laid off.
Husband goes back to work in the nick of time.
owe 56,000 in student loans and fees, 10,000 in fees on my predatory house loan totally caught up with payments. No one to fight the fees.
Ex finally pays child support back but my credit is ruined.
It all ends well, but my credit was destroyed and it started with a 750 average.
Most of these issues were no fault of my own.
And I am not alone. How many others have been hit by not just one variable but multiples???? MOST OF US!!!
There has been no validation or accountability.
It doesn’t havve to be either/or.
The model for the French Revolution was the American Revolution.
Somewhere along the line, we morphed from revolutionaries to couch potatoes.
That line was said by Polonious, a character written as a bloviating fool.
You’re fond of quoting the Bible. Jesus spoke of lending, without condemning it. He did, however, condemn greed in lending.
Yet we’ve established that the lender can be an asshole and the borrower a slave. Better to be neither I think.
Condemn greed in lending, a good position to take.