May 3, 2015
Student Loan Debt Wiped Out
A Circuit Judge from Highlands County, Florida, granted the consumers’ motion for summary judgment on the grounds that the plaintiff, National Collegiate Student Loan Trust, had failed to provide notice to them of the assignment of the student loan.
Consumers/borrowers took out student loans with Bank of America, but, they were sued by National Collegiate Student Loan Trust – a stranger to them. Section 559.715 of the Florida Statutes requires that a 30 day notice be provided to consumers of the assignment of the debt to a debt buyer prior to filing suit. The Student Loan debt that were wiped out as a result of this Summary Judgment totalled over $60,000.
Case No. 2013-CA-694 National Collegiate Student Loan Trust v. Laforce. National Collegiate Student Loan Trust was represented by Pollack & Rosen, P.A.
November 7, 2013
Student Loan lawsuits are on the rise. Two major student loan debt buyers, National Collegiate Student Loan Trust and SLM Private Credit Student Loan Trust, are suing consumers across the country for past-due private student loans. Neither National Collegiate Student Loan Trust nor SLM Private Credit Student Loan Trust are lenders but are debt buyers of private student loans guaranteed by TERI rather than by the federal government. These entities purchase student loans from the original lenders and attempt to collect them from the borrowers. The private student loans were used by students to assist in financing the cost of their education in attending undergraduate, law school, business school, medical school, dental school, and other graduate programs.
Both National Collegiate Student Loan Trust and SLM Private Credit Student Loan Trust are Student Loan Asset-Backed Security (or, as they’re known in the industry, SLABS). SLABS were invented by then-semi-public Sallie Mae in the early ’90s, and their trading grew as part of the larger asset-backed security wave that peaked in 2007. Simplly stated, these student loans are bundled and sold as investments to the general public as a safe investment.
In order for a suing creditor to obtain a judgment against the consumer/borrower on a defaulted student loan, the creditor must prove ownership of the loan. Given that the student loan consumer did not borrow the money from the SLAB, it must show how it acquired the loan. Proof of assignment of the student loan is a requirement.
National Collegiate Student Loan Trust and SLM Private Credit Student Loan Trust count on consumers doing nothing so they can obtain a default judgment against the borrower. From a statistical standpoint, more than 90% of all collection lawsuits – including those for private student loans – end up with a default judgment.
Most student loan borrowers who receive lawsuit papers simply do nothing to defend themselves. It is important for consumers to defend themselves against lawsuits brought by National Collegiate Student Loan Trust and SLM Private Credit Student Loan Trust to demand that they prove their case.