Jump to content

UNIQUE student loan case


Fightback
 Share

Recommended Posts

Nellie Mae is a FFELP lender. FFELP stands for Federal Family Education Loan Program. This would be a government loan.

Nellie Mae is a lender/servicer for several lenders. When you defaulted your guarantor had to pay off you loan. They would have made attempts to collect. Once a default unpaid FFELP loan hits a certain age, the DOE will subrogate the loan. Your guarantor is paid off and DOE starts collections, usually with a pretty hefty collection charge added. Basically the DOE is the "grandfather" of all federal student loans in this country and holds full right to collect. There is no SOL on these loans. Sorry.

Link to comment
Share on other sites

Let me get this straight. A private lawyer is claiming your private student loans are actually federal student loans and reported them as such on your credit report? Or is this a federal loan that was "accidently" not consolidated with your other federal loans? I really need to know who was the original lender, the type of loan, and the name of the guarantor in order to sort this out.

If this is truly a private loan and an atty is trying these tactics, you should report him to your state bar discipline office and he could also be held liable for fraud. You must confirm that this a private loan first.

I would contact the DOE and find out if this is a federal or private loan.

Go to http://www.nslds.ed.gov/ and sign up. Then look at all the loans listed. If this loan(s) is not listed, it is private. If it is listed and you think it is private, then get an atty ASAP preferably one who has exp. in atty discipline/malpractice as well as dealing with govt agencies. I have never heard of these tactics but I would not be surpirised if this is the case.

Good luck and keep me informed.

Link to comment
Share on other sites

Yes, based on what you say there may be atty malpractice and fraud here. I'd really like to know who is the guarantor here. Any action against them would be more difficult but not impossible. The best bet for lawyers who can successfullly litigate these cases is at naca.net. You can search for local lawyers on their website. Other legal claims related to fraud and malpractice may also be available. I wish you luck in pursing these claims.

Link to comment
Share on other sites

Yes, based on what you say there may be atty malpractice and fraud here. I'd really like to know who is the guarantor here. Any action against them would be more difficult but not impossible. The best bet for lawyers who can successfullly litigate these cases is at naca.net. You can search for local lawyers on their website. Other legal claims related to fraud and malpractice may also be available. I wish you luck in pursing these claims.

Hemar Insurance is the private profit guarantor. Not sure how they turned it into a federal loan though. So you mean I can sue their lawyer for malpractice and fraud. Can I also sue the collection agency for fraud?

I do not believe you have a case for malpractice or fraud. The lawyer did nothing wrong. He simply received a case from his client, the DOE. The DOE somehow paid a claim that it shouldn't have...somewhere along the line, the loan was coded incorrectly, probably by human error. HEMAR is owned by Sallie Mae. The loan should actually be charged back to Sallie Mae and HEMAR.

Has this loan been in default 11 years or did you borrow it 11 years ago? Also, was a company called HEAF ever involved with this???

Link to comment
Share on other sites

If I'm not mistaken, there is precedent that an attorney collection on a debt must have knowledge of the account, and not just rubber-stamp their name on letterhead.

With that in mind, sounds like this attorney is just a mill for threatening letters.

There are posts that have addressed this issue. See if we can't dig them up...

Link to comment
Share on other sites

Defaulted 11 years ago. The lawyer's client is not the DOE; it's Sallie Mae Servicing. The DOE is NOT involved in this case physically. The lawyer just claimed that it was a federal loan.

Sorry..the way I read it in your original post you were talking about the DOE. Loans can be federal at both with both FFELP and DOE lenders. It was confusing.

So you think they did claim the fund from the DOE.

Disregard

What type of case do I have here? So you think their lawyer did nothing wrong eventhough he did not check it out first before he stated that it was a federal loan?

HEAF = Harlem Educational Activities Fund did not involve.

Wrong HEAF. HEAF was a guarantor that went under. They no longer exist but some of their loans are still out there.

So I guess I need to find out from the government investigator if they actually claimed the fund from DOE. If they did not claim it, then it is a case of malpractice and fraud against me ???? If they did claim it, then it is a case of fraud against the DOE????

Who is is attorney attempting to sue on behalf of? HEMAR or Sallie Mae??

Again, I really dont think you have any case what so ever. Sounds like Sallie Mae or HEMAR forwarded a miss coded account. HUMAN ERROR. There is no fraud or malpractice!! Anyways what damages would you have?? You owe on a defaulted loan, private or federal, you still owe it!!

Link to comment
Share on other sites

If I'm not mistaken, there is precedent that an attorney collection on a debt must have knowledge of the account, and not just rubber-stamp their name on letterhead.

With that in mind, sounds like this attorney is just a mill for threatening letters.

There are posts that have addressed this issue. See if we can't dig them up...

Attorneys for student loans do get a file, but it does not include the prom note. It includes lender, servicer and all info pertaining to the loan. Sounds like someone made an error somewhere along the line, more than likely a keying error since this loan originated before computerized lending/borrowing

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.