School Misconduct Discharge for Private Loans

1. Introduction

In recent years, the issue of student loan debt has taken center stage in the United States, with millions of borrowers struggling to repay their loans. While much of the focus has been on federal student loans and programs like Borrower Defense to Repayment, the challenges faced by private student loan borrowers have often been overlooked. However, the landscape for private loan borrowers began to change in 2021 with the introduction of the School Misconduct Discharge Program, a landmark initiative that provides debt relief to private loan borrowers who were defrauded by their schools.

This article will explore how the School Misconduct Discharge Program came about, the role of Navient and Sallie Mae, and the broader implications for borrowers who took out private loans to attend for-profit and predatory institutions.

2. The Rise of Private Student Loans

Private student loans have long been a part of the U.S. higher education financing system, supplementing federal loans for students who need additional funding for tuition, housing, and other expenses. Unlike federal loans, which are backed by the government and offer protections like income-driven repayment plans and forgiveness programs, private loans are issued by banks, credit unions, and other financial institutions. These loans often come with higher interest rates and fewer consumer protections, leaving borrowers vulnerable to financial hardship if they are unable to repay.

In the early 2000s, private student lending experienced a significant boom, driven in large part by the aggressive marketing tactics of Sallie Mae, the largest student loan lender in the country at the time. Sallie Mae’s private loan portfolio grew rapidly as it targeted students attending for-profit colleges and universities. These institutions often charged higher tuition rates than public colleges and promised students lucrative careers upon graduation.

However, many of these for-profit schools were later found to have misled students about their job placement rates, accreditation status, and the value of their degrees. As a result, thousands of students graduated with worthless degrees and mountains of private student loan debt. Unlike their counterparts with federal loans, these borrowers had few options for relief, as there was no established program for discharging private student loans based on school misconduct.

3. The Sallie Mae and Navient Split

In 2014, Sallie Mae split into two separate entities: Sallie Mae Bank, which continued to issue private student loans, and Navient Corporation, which took over the servicing of both federal and private student loans. Navient became one of the largest student loan servicers in the country, responsible for managing billions of dollars in student loans, including those issued by Sallie Mae prior to the split.

Despite the separation, Navient continued to face scrutiny for its handling of private student loans, particularly those issued to students attending for-profit institutions. Borrowers accused Navient of steering them into forbearance plans that allowed interest to accrue rather than guiding them into more affordable repayment options. In addition, many of the private loans that Navient serviced were issued to students attending schools that had been accused of fraud and misconduct.

The Consumer Financial Protection Bureau (CFPB) and several state attorneys general launched investigations into Navient’s lending and servicing practices, culminating in a series of lawsuits that alleged the company had engaged in deceptive practices and failed to provide borrowers with adequate repayment options.

4. The Navient Settlement

In 2021, Navient reached a major settlement with multiple states, agreeing to cancel $1.7 billion in private student loans for approximately 66,000 borrowers. This settlement was a result of the lawsuits brought by state attorneys general, who accused Navient of issuing subprime loans to students attending for-profit schools with low graduation rates and poor job placement outcomes. Many of these loans were made to students who were unlikely to be able to repay them, leading to high default rates and financial ruin for borrowers.

The settlement marked a turning point in the fight for private student loan relief, as it provided a clear pathway for borrowers to have their loans forgiven if they could demonstrate that their school had engaged in fraudulent or deceptive practices. The settlement also required Navient to make changes to its servicing practices, ensuring that borrowers were given better repayment options and were not steered into costly forbearances.

5. The Creation of the School Misconduct Discharge Program

As part of the 2021 settlement, Navient agreed to establish the School Misconduct Discharge Program, a first-of-its-kind initiative designed to provide relief to borrowers who took out private loans to attend schools that engaged in misconduct. The program was modeled after the Borrower Defense to Repayment program for federal loans but was specifically tailored to address the needs of private loan borrowers.

Under the School Misconduct Discharge Program, borrowers who attended schools that were found to have misled or defrauded students could apply for loan forgiveness. The program was designed to provide relief to borrowers who had been saddled with private loan debt as a result of attending predatory institutions, many of which were for-profit colleges that had been the subject of investigations and lawsuits.

• Eligibility Requirements: Borrowers must demonstrate that they attended a school that engaged in significant misconduct, such as misrepresenting job placement rates, accreditation, or program costs. Schools that have been the subject of lawsuits or investigations are typically eligible for the program.
• Application Process: Borrowers must submit an application to Navient, detailing their experience at the school and providing any documentation that supports their claim of misconduct. This documentation can include enrollment agreements, marketing materials, or communications from the school that misrepresented the value of the education provided.
• Loan Forgiveness: If the borrower’s claim is approved, Navient will cancel the outstanding balance on their private student loans. This forgiveness applies to loans issued by Navient or Sallie Mae and is designed to provide complete relief to borrowers who were defrauded by their schools.
• No Negative Credit Reporting: Borrowers who have their loans forgiven under the School Misconduct Discharge Program will not have their credit negatively affected. The settlement ensures that forgiven loans will not be reported as defaults or delinquencies to credit reporting agencies, allowing borrowers to rebuild their financial lives.

6. The Impact of the School Misconduct Discharge Program

The introduction of the School Misconduct Discharge Program has had a significant impact on private student loan borrowers, providing a long-overdue pathway to relief for those who were misled by their schools. For many borrowers, this program has been a lifeline, allowing them to escape the burden of private student loan debt that they were never able to repay.

• Relief for Defrauded Borrowers: The program has provided relief to thousands of borrowers who attended schools that engaged in fraudulent practices. Many of these borrowers had taken out private loans with the expectation that they would graduate with valuable degrees and secure well-paying jobs, only to find that their degrees were worthless. The School Misconduct Discharge Program has allowed these borrowers to have their loans forgiven and move forward with their lives.
• Accountability for For-Profit Schools: The program has also helped hold for-profit schools accountable for their misconduct. By providing a mechanism for loan forgiveness, the program has acknowledged the harm caused by these institutions and has helped borrowers recover from the financial damage they suffered.
• A Model for Future Reforms: The School Misconduct Discharge Program has set a precedent for how private student loan borrowers can seek relief in the future. It has shown that private loan servicers like Navient can be held accountable for the loans they issued to students attending predatory institutions, and it has provided a framework for future settlements and programs that could expand relief to even more borrowers.

7. Conclusion

The creation of the School Misconduct Discharge Program marks a significant step forward in the fight for student loan relief, particularly for private loan borrowers who have historically had few options for forgiveness. By providing a pathway to loan forgiveness for borrowers who were defrauded by their schools, the program has helped alleviate the financial burden on thousands of students and has set the stage for future reforms in the student loan industry.

As the program continues to evolve, it will be important for borrowers to stay informed about their options and to take advantage of the relief programs available to them. The School Misconduct Discharge Program has already provided much-needed relief to many borrowers, but there is still work to be done to ensure that all students are protected from predatory lending practices and can pursue higher education without being saddled with insurmountable debt.