10
Feb 14

STUDENT LOAN DEFAULTS SURGE TO HIGHEST LEVEL IN NEARLY 2 DECADES

Recent college students are defaulting on federal loans at the highest rate in nearly two

decades, reflecting “crisis” levels of student debt and a lackluster economy that leaves

graduates with bleak employment prospects.

One in 10 recent borrowers defaulted on their federal student loans within the first

two years, the highest default rate since 1995, according to annual figures made public

Monday by the Department of Education.

A separate gauge, measuring defaults occurring within the first three years of required

payments, showed that more than one in seven borrowers with federal student loans

went into default, an event that can trigger invasive debt-collection methods that

include fees, wage garnishments, and withheld IRS tax refunds.

“The growing number of students who have defaulted on their federal student loans

is troubling,” Education Secretary Arne Duncan said. Duncan said the department will

work to “ensure that student debt is affordable.”

As in previous years, for-profit colleges had higher default rates than any other sector

of higher education. The industry, in the Education Department’s crosshairs since 2009,

is braced for an onslaught of renewed scrutiny as federal lawmakers and policymakers

attempt to rein in the amount of taxpayer-financed loans and grants going to schools

with dubious track records.

The increasing default rate underscores the Obama administration’s shortcomings in

enrolling distressed borrowers into government programs that cap monthly payments

based on borrowers’ incomes. While the two-year default rate has doubled since 2005,

millions of potentially eligible borrowers appear unaware of programs President Barack

Obama has touted as a way to manage debt burdens and avert default.

Roughly the same number of borrowers defaulted on their federal student loans last

year as were aided by the Obama administration’s three debt-relief measures, known

as Income-Based Repayment, Income-Contingent Repayment and Pay As You Earn,

according to Education Department data previously obtained by The Huffington Post.

Debbie Cochrane, research director at the Institute of College Access and Success, a

student advocacy group, said that while the programs shouldn’t be expected to avert

every default, many of the 600,000 borrowers who defaulted last year “should have

been able to benefit from income-driven repayment plans, but likely didn’t know about

them or how to enroll.”

“There’s just not enough borrowers who know about” the programs, said Rory

O’Sullivan, policy director at Young Invincibles, an advocacy group representing people

ages 18 to 34.

The government’s default rate masks the true state of distress among American

households because of the way the federal government defines defaults, officials

and experts have said. While most banks and other lenders define defaults as loans

delinquent for at least 60 days, the Education Department waits 270 days — nine

months — before declaring a delinquent borrower in default.

“This is really just the tip of the iceberg,” Cochrane said. “It doesn’t measure people who

are able to stay on top of their loan payments, but are struggling with unmanageable

debt, and it doesn’t measure borrowers who are delinquent.”

Recent data from the Federal Reserve Bank of New York suggest the number of

delinquent borrowers is increasing. About $52 billion in student loans that had been

current became delinquent in the first half of the year, the highest first-half total

recorded since 2003.

With nearly 39 million borrowers carrying more than $1 trillion of federal student debt,

government concerns have been mounting over the potential of a slowdown in future

economic growth. Borrowers who devote bigger shares of their incomes to repaying

student debt reduce purchases of big-ticket items, such as cars and homes, investments

in potential new small businesses, and savings for retirement.

The average borrower with federal student loans now carries more than $26,000 in

debt, a nearly 43 percent increase from 2007.

“We’ve got a crisis in terms of college affordability and student debt,” Obama said in

an Aug. 22 speech at the State University of New York in Buffalo. “Our economy can’t

afford the trillion dollars in outstanding student loan debt, much of which may not get

repaid because students don’t have the capacity to pay it.”

As college tuition continues to rise while state governments cut back on aid to

public colleges and universities, the amount of student debt has shot up. But while

policymakers for years have argued that college degrees remain a worthwhile

investment, recent data suggest they’re not as valuable.

Median weekly wages for holders of bachelors degrees have fallen 4.8 percent over the

last 10 years, according to inflation-adjusted data from the Bureau of Labor Statistics.

Weekly paychecks for all college degree holders over the age of 25 are down 3 percent.

The White House has suggested measuring colleges — and the value they provide to

students — by examining graduates’ wages and average debt levels. The idea is one of

many the White House has embraced as it attempts to increase college affordability.

While defaults increased across higher education, the default rates at for-profit colleges

remained conspicuously high compared with public and private non-profit schools.

This year’s data showed that 13.6 percent of for-profit college borrowers defaulted

on federal loans within two years, and 21.8 percent of students defaulted after three

years — a slight drop from 22.7 percent last year. That compares with default rates of 13

percent at public colleges and 8.2 percent at non-profit private institutions.

The for-profit sector, which includes small trade schools and publicly traded giants such

as the University of Phoenix and ITT Technical Institute, has seen intense scrutiny from

the federal government and members of Congress in recent years.

Many for-profit institutions receive more than 80 percent of revenue from federal loans

and grant dollars. The for-profit sector educates only about 13 percent of students, yet

takes in nearly a quarter of federal loan and grant dollars and contributes to about 47

percent of loan defaults.

The Department of Education is revisiting regulations that would cut off federal aid to

certain career college programs — both for-profit and non-profit — that leave students

shouldering massive debt burdens. The department issued rules two years ago known

as “gainful employment” regulations that were intended to measure students’ ability to

repay loans after graduating or dropping out of vocational programs.

A for-profit college industry trade group sued the federal government, and a federal

judge struck down many provisions of the law over the summer. The administration has

revived its effort, convening a new rule-making panel this month.

Although three-year default rates at for-profit schools are down slightly from last year,

and two-year rates are down from a high of 15 percent two years ago, advocates argued

that the sector’s high default rates compared with non-profit colleges suggests a deeper

problem.

“The pattern has been consistent,” said Cochrane, of the Institute for College Access and

Success. “When you see anomalies like what you see in the for-profit sector, that’s when

you need to start looking under the hood.”

This article was taken from The Huffington Post


30
Jan 14

Steps you can take to protect yourself if your data was part of a date breach

Headlines about large scale data breaches can be scary, but don’t panic. There are steps you can take to protect yourself. If your information was part of a breach, the most immediate risk is that the thieves may make unauthorized charges or debits to your accounts. Keep a close eye on your account activity and report suspicious transactions immediately to your bank or card provider. The sooner you tell your provider about any unauthorized debits or charges, the better.
Tip:
Watch for reports from the merchant that was hacked, or your card provider, about the nature and timing of the security breach. Check your account statements for unauthorized charges or debits and make a habit of monitoring your accounts. If you have online or mobile access to your accounts, check your transactions as frequently as possible. If you receive paper statements, be sure to open them and review them closely. You should do this even if you’re not sure your information has been compromised.
Report even small problems right away. Sometimes thieves will process a small debit or  charge against your account and return to take more if the small debit or charge goes through. Look for suspicious activity like unfamiliar merchant names, especially from merchants outside your area. Fraudulent charges to your card or fraudulent debits to your bank account might occur months after the theft of your information during a data breach. It’s important to make a habit of monitoring your accounts. Alert your bank or card provider immediately if you think your account has suspicious debits or charges Contact your bank or card provider immediately if you suspect an unauthorized debit or charge.
If a thief takes money from your bank account by debit, or charges items to your credit card, you should cancel the card and have it replaced before more transactions come through. You should also consider changing your PIN just to be on the safe side. Your best step to protect yourself from unauthorized charges or debits to your accounts is to report  that your card or your information has been lost or stolen promptly after you learn of it.
For credit cards
If your account number, not your physical credit card, has been stolen, you  are not responsible for unauthorized charges under federal law.
For debit cards
If an unauthorized transaction appears on your statement (but your card or PIN has not been lost or stolen), under federal law you will not be liable for the debit if you report it within 60   days after your account statement is sent to you. But if the charge goes unreported for more than 60 days, your money, and future charges by the same  person, could be lost. There are timelines for the bank to investigate and recredit the  missing funds to the account after you make a timely report about the problem. The time for you to report is much shorter if your card or PIN has been lost or stolen (2 business days, in order to limit your liability to no more than $50 of unauthorized charges), so make the report as soon as you learn that your card is missing or your PIN has been stolen.
For payroll, government benefit, and prepaid cards
For these types of cards, your rights vary depending on the card. If you suspect information from a payroll, government benefit, or prepaid card was stolen, check with the provider to find out its policy and deadlines for disputing charges. Your rights vary depending on the type of card. You can also learn more about your card protections at

consumerfinance.gov/askcfpb.
.
How to report a suspicious chargeor debit
If you spot a fraudulent transaction, call the card provider’s toll-free customer service number immediately. Ask how you can follow up with a written communication. Your monthly statement or error resolution notice also likely includes instructions on how and where to report fraudulent charges or billing disputes. When you communicate in writing, be sure to keep a copy for your records. Write down the dates you make follow-up calls and keep this information together in a file.
Tip:
If you get a replacement card, remember to update any automatic payments linked to the  card.
Card providers should investigate the charges and respond quickly – generally within 10 business days of receiving an error notice for debit card disputes or within two billing  cycles for credit card disputes. You have a right to know the results of the investigation. If you have an issue with the card provider’s response, you can submit a complaint to the CFPB. Go to consumerfinance.gov/complaint or call (855) 411-CFPB (2372).
Be careful of scammers! Be wary of anyone contacting you to “verify” your account information over the phone or email If someone initiates contact with you, it could be a common scam, often referred to as “phishing,” to steal your account information. Banks and credit unions never ask for account information through phone calls or email that they initiate. If you receive this type of contact, you should immediately call your card provider (using a customer service number that you get from a different source than the initial call or email) and report it. For more information on phishing scams, visit the FTC’s consumer  alert page on its website consumer.ftc.gov/scam-alerts

.

29
Jan 14

CFPB Takes Action Against PHH Corporation for Mortgage Insurance Kickbacks

Today the Consumer Financial Protection Bureau (CFPB) initiated an administrative proceeding against PHH Corporation and its affiliates (PHH), alleging PHH harmed consumers through a mortgage insurance kickback scheme that started as early as 1995. The CFPB is seeking a civil fine, a permanent injunction to prevent future violations, and victim restitution.

The filing is against New Jersey-based PHH Corporation and its residential mortgage origination subsidiaries, PHH Mortgage Corporation and PHH Home Loans LLC, and PHH’s wholly-owned subsidiaries, Atrium Insurance Corporation and Atrium Reinsurance Corporation.

Mortgage insurance is typically required on loans when homeowners borrow more than 80 percent of the value of their home. It protects the lender against the risk of default. Generally, the lender, not the borrower, selects the mortgage insurer. The borrower pays the insurance premium every month in addition to the mortgage payment. While mortgage insurance can help borrowers get a loan when they cannot make a 20 percent down payment, it also adds to the cost of monthly payments for borrowers who have little equity in their homes.

Mortgage insurance can be harmful when illegal kickbacks inflate its cost. Increasing the burden on borrowers who already have little equity increases the risk that they will default on their mortgages. The Real Estate Settlements Procedures Act (RESPA) protects consumers by banning kickbacks that tend to unnecessarily increase the cost of mortgage settlement services. RESPA also helps promote a level playing field by ensuring companies compete for business on fair and transparent terms.

A CFPB investigation showed that when PHH originated mortgages, it referred consumers to mortgage insurers with which it partnered. In exchange for this referral, these insurers purchased “reinsurance” from PHH’s subsidiaries. Reinsurance is supposed to transfer risk to help mortgage insurers cover their own risk of unexpectedly high losses. According to today’s Notice of Charges, PHH took the reinsurance fees as kickbacks, in violation of RESPA. The CFPB alleges that because of PHH’s scheme, consumers ended up paying more in mortgage insurance premiums.

Enforcement Action

Today’s Notice alleges that PHH used mortgage reinsurance arrangements to solicit and collect illegal kickback payments and unearned fees – through its affiliates Atrium Insurance Corporation and Atrium Reinsurance Corporation – in exchange for the referral of private mortgage insurance business. The Bureau believes that from the start of the arrangements, and continuing into at least 2009, PHH manipulated its allocation of mortgage insurance business to maximize kickback reinsurance payments for itself. PHH Corporation and its affiliates are specifically accused of:

·         Kickbacks: Over the approximately 15-year scheme, the CFPB alleges that PHH set up a system whereby it received as much as 40 percent of the premiums that consumers paid to mortgage insurers, collecting hundreds of millions of dollars in kickbacks;

 

·         Overcharging Loans: In some cases, PHH charged more money for loans to consumers who did not buy mortgage insurance from one of its kickback partners. In general, they charged these consumers additional percentage points on their loans; and

·         Creating Higher-Priced Insurance: PHH pressured mortgage insurers to “purchase” its reinsurance with the understanding or agreement that the insurers would then receive borrower referrals from PHH. PHH continued to steer business to its mortgage insurance partners even when it knew the prices its partners charged were higher than competitors’ prices.

A Notice of Charges initiates proceedings in an administrative forum and is similar to a complaint filed in federal court. This case will be tried by an Administrative Law Judge from the Bureau’s Office of Administrative Adjudication, an independent adjudicatory office within the Bureau. The Administrative Law Judge will hold hearings and make a recommended decision regarding the charges, which may be appealed to the Director of the CFPB for a final decision.

The Bureau’s administrative proceedings are similar to the administrative proceedings of other federal regulators, including the Securities and Exchange Commission, the Federal Trade Commission, and prudential regulators like the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation.

The Office of Inspector General at the Department of Housing and Urban Development (HUD) initiated the investigation of PHH’s reinsurance practices, and in July 2011, HUD’s authority over the investigation transferred to the CFPB. Since then, HUD has given the Bureau valuable assistance in this matter.

This administrative proceeding follows the Bureau’s settlements in 2013 with five mortgage insurers who participated in similar schemes.


27
Jan 14

CONSUMER FINANCIAL PROTECTION BUREAU ISSUES CONSUMER ADVISORY ON INDUSTRY’S DATA BREACH

Advisory Offers Tips to Protect Accounts in Wake of Recent Payment Card Data Breaches

WASHINGTON, D.C. — Today the Consumer Financial Protection Bureau (CFPB) published a consumer advisory to help consumers protect themselves in the wake of the recent breaches of payment card and other data. The advisory also contains information on where to get help if consumers suspect their information has been compromised.

“Consumer financial products often involve significant amounts of consumer data,” said CFPB Director Richard Cordray. “In light of recent data breaches, we want to be sure that consumers know how to protect themselves and where to turn if they do suspect fraud.”

The consumer advisory can be found at: http://files.consumerfinance.gov/f/201401_cfpb_consumer-advisory_card-security.pdf

Payment cards such as credit, debit, and prepaid cards are among the most commonly used consumer financial products. Over 70 percent of Americans have at least one credit card. Debit cards are now used for more consumer purchases than credit cards, and prepaid card use is continuing to grow. In recent months, data breaches have apparently exposed millions of payment card accounts to potential fraud. In addition, millions of consumers’ names, phone numbers, emails, and addresses also appear to have been stolen separately from card information.

Today’s consumer advisory includes steps consumers can take to protect themselves from data theft:

•    Monitor accounts for unauthorized charges or debits: Consumers should regularly review their accounts online if possible, and at a minimum examine their monthly statements closely. Consumers should report even small problems immediately as some thieves may process a small charge or debit just to see if the account is live, or whether the consumer notices. Fraudulent charges may occur many months after information is stolen. Even if consumers think the PIN on their debit card was not stolen, they should consider changing the PIN in order to be on the safe side.

•    Alert bank or card provider immediately if fraud is suspected: Consumers should alert their bank or card provider immediately if they suspect an unauthorized debit or charge. If fraudulent charges appear, the consumer should ask the card provider to close access to the account and issue a new card before more transactions come through. Under federal law and other applicable rules, consumers are generally not responsible for unauthorized debits or charges to credit or debit card accounts, as long as they report them quickly to their bank or card providers.

•    Follow up with the bank or card provider and maintain records: If consumers find a fraudulent transaction, they should call the bank or card provider’s toll-free customer service number immediately, and also ask how they can follow up with a written communication. When consumers communicate in writing, they should be sure to keep a copy for their own records. Consumers should write down the dates on which they make follow-up calls and keep this information together in a file.

•    Avoid scams that ask for personal information over email or by phone: A common scheme, known as “phishing,” involves a scammer contacting a consumer over email or phone and asking to verify account information. Banks and credit unions never ask for account information through email. If consumers receive this type of email, they should immediately contact their card provider and report it. If consumers receive this type of phone call, they can ask for a call-back number to verify the requestor is actually their financial institution.

If consumers are unsatisfied with how their bank or card provider responds to a report of fraudulent charges, they can submit a complaint to the CFPB. Card providers should investigate charges and respond quickly. Consumers have a right to see the results of the bank’s or card company’s investigations.
The CFPB accepts consumer complaints on payment cards and other financial products and services. Consumers can submit a complaint by:

•    Going online at www.consumerfinance.gov/complaint
•    Calling the toll-free phone number at (855) 411-CFPB (2372) or TTY/TDD phone number at (855) 729-CFPB (2372)
•    Faxing the CFPB at (855) 237-2392
•    Mailing a letter to: Consumer Financial Protection Bureau, P.O. Box 4503, Iowa City, Iowa 52244


27
Jan 14

JPMorgan Chase boss Jamie Dimon got a 74% pay hike for last year, even though the bank was forced to pay billions in fines and settlements last year.

In a government filing Friday, JPMorgan Chase (JPM, Fortune 500) said Dimon would receive $18.5 million worth of restricted stock that will vest over the next three years as his 2013 bonus. That’s up from a $10 million bonus for 2012. His $1.5 million base salary remains unchanged.
The bank said its board considered “several key factors.” Among them: JPMorgan’s “sustained long-term performance” and its efforts to put its legal problems behind it.
Dimon, CEO and chairman, had his total 2012 pay slashed by about half to $11.5 million after JPMorgan suffered estimated trading loss of nearly $6 billion during the year attributed to a London trader known as the London Whale.
During 2013 the bank agreed to pay $1 billion in fines to U.S. and UK regulators for lack of proper oversight of its traders related to that loss.
But that was only a fraction the fines and legal expenses the bank shelled out during the year for a variety of transgressions.
SNL Financial estimates that total payouts by the bank came to $18.6 billion for 2013 alone, as well as more than $1 billion in attorney costs during the year.
Provisions for those payments forced the bank to report a loss in the third quarter, the first of Dimon’s tenure as CEO. For the full year, the bank reported net income of $17.9 billion, down 16% from the previous year. But shares increased 33% during the year.
Dimon had been the top paid bank CEO in 2011 before the problems of the last two years.
The decision to raise his pay was first reported by the New York Times ahead of the filing.


24
Jan 14

Legal profession ranks fourth in suicide rate

This is disturbing on a personal note. The legal profession ranks fourth for its high rate of suicides, according to age-adjusted information provided to CNN by the Centers for Disease Control and Prevention. The top five are:

1) Dentists
2) Pharmacists
3) Physicians
4) Lawyers
5) Engineers

The CNN story also cites statistics that lawyers are 3.6 times more likely to suffer from depression than nonlawyers.

Several state bars are responding with hotlines, public education and lawyer assistance programs, the story says. Seven bar associations have added a mandatory mental-health component to their continuing legal education requirements. The states are California, Montana, Iowa, Mississippi, Florida, South Carolina and North Carolina. In addition, Kentucky has added a program on behaviors that increase suicide risk to its annual continuing education conference.


23
Jan 14

2013 Debt Collection Statistics

In 2013, 10,320 suits were filed under the FDCPA; 2,276 under the FCRA; and 1,862 under the TCPA.

2013-year-over-year

FDCPA litigation has decreased for the second year in a row, down 10% over 2012 (which itself was down 7% over 2011). Also expected, TCPA litigation exploded this year, up 69% over 2012. The one surprise in the year-end numbers is that FCRA litigation eked out a small increase (just 1%, but still) over 2012, after spending most of the year down from 2012.

Meanwhile, CFPB complaints against debt collectors seem to have settled into a 1200′ish monthly rate, after exploding out of the gate over the summer.

2013_12

 

 


22
Jan 14

Robocalls: your new rights

Robocalls are hard to stop. Despite the Do Not Call registry, the robocalls keep coming because they are cheap to set up and easy to disconnect once the spotlight hits.

And now robot callers can closely mimic human tones and responses. Many of us don’t like to rudely hang up on a real person, so we engage.

But there’s hope. The FCC issued new rules last fall designed to make sure you get only the calls you actually want. But they are getting a lot of pushback from industry. Tell them you want the right to stop the robocalls!

Tell the FCC to enforce your new robocall rights!

New rules from the FCC will put you in better control over who can call you, on both your landline and your wireless device.

Among your new rights:

• A telemarketer will have to get your written consent to receive a call or message. You can give your OK for them to call through paper or electronic means — web forms, a telephone keypress, or email.

• Robocalls to your home landline are no longer allowed based solely on an ‘established business relationship’ with you. Simply buying a product, or contacvting a business with a question, no longer gives them permission to call you.

• Telemarketers who call will now have to let you immediately opt out of receiving additional calls through an automated menu.

 

This post is taken from Consumer reports


18
Jan 14

Florida Lawfirm Phelan Hallinan Pays Up

Phelan Hallinan is a Florida law firm that represents banks in foreclosure, among other things. When Phelan Hallinan filed a foreclosure for the bank, it would include  a notice that it claimed was required under the FDCPA- which is the Federal law that governs debt collectors. First off, the notice is not required and anyone who took a moment to consider the law would come to that conclusion. Second and more importantly, the notice itself misstated the law. Somehow, Phelan Hallinan managed to mess up something as simple as copying the wording of the law. In any event, I filed a lawsuit on behalf of my client in Federal Court in the Southern District of Florida, alleging that Phelan Hallinan violated the FDCPA.

Well, Phelan Hallinan paid up. My client was able to recover $1,000.00 in statutory damages (kind of like a fine) and Phelan Hallinan also paid my attorney’s fees and costs. If you were served foreclosure papers prepared by Phelan Hallinan, we may be able to help you as well. Give my office a call at 954-523-4357.


10
Jan 14

Do not Ignore a Credit Card Lawsuit-Avoid a Default Judgment

Avoid a Default Judgment

Fight a Collection Agency in Court

When sued for a debt, fight a collection agency in court to avoid a default judgment that can result in wage garnishment, bank account garnishment and credit damage. Any individual with unpaid debts may be at risk of a lawsuit by a collection agency.

How a Default Judgment Works

A default judgment simply means that a plaintiff in a lawsuit wins by default. This occurs most often when the defendant does not appear in court. A defendant who appears in court and loses the case has a judgment levied against him, but not a default judgment.

In most debt lawsuit cases, the collection agency will file a formal lawsuit with the court in the debtor’s county of residence. A summons is then delivered to the defendant. If the defendant does not reply to the summons within the given time frame, the judge accepts the word of the plaintiff as the truth and signs off on the judgment.

Even in cases where the debt in question is clearly outside of the state’s statute of limitations, unless the debtor replies to the summons or shows up in court to make this known to the judge, the out of statute debt will still result in a default judgment.

Reasons to Avoid a Default Judgment

A default judgment can severely injure a consumer’s financial future and should be avoided at all costs. Some of the consequences of a default judgment are:
•A judgment can cause a credit score to drop by 100 points or more, depending on how good the individual’s credit was before the ruling.
•A judgment is limited to a 7 year reporting period, but is renewable. This means it can linger on a credit report up to 20 years in some states.
•Wage garnishment is a common result of a judgment.
•A judgment may cause an individual to pay higher interest rates on loans and lines of credit for as long as it appears in the consumer’s credit file.