Grieving Father Struggles to Pay Dead Son’s Student Loans

Marian Wang
Pro Publica / News Report
Published: Friday 15 June 2012
“Just as happened with home mortgages in the boom years before the 2008 financial crash, his son's student loans have been sold and resold, and at least one was likely bundled into a complex Wall Street security.”
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A few months after he buried his son, Francisco Reynoso began getting notices in the mail. Then the debt collectors came calling.

"They would say, 'We don't care what happened with your son, you have to pay us,'" recalled Reynoso, a gardener from Palmdale, Calif.

Reynoso's son, Freddy, had been the pride of his family and the first to go to college. In 2005, after Freddy was accepted to Boston's Berklee College of Music, his father co-signed on his hefty private student loans, making him fully liable should Freddy be unwilling or unable to repay them. It was no small decision for a man who made just over $21,000 in 2011, according to his tax returns.

"As a father, you'll do anything for your child,” Reynoso, an American citizen originally from Mexico, said through a translator.

Now, he's suffering a Kafkaesque ordeal in which he's hounded to repay loans that funded an education his son will never get to use — loans that he has little hope of ever paying off. While Reynoso's wife, Sylvia, is studying to be a beautician, his gardening is currently the sole source of income for the family, which includes his 18-year-old daughter Evelyn.

And the loans are maddeningly opaque. Despite the help of a lawyer, Reynoso has not been able to determine exactly how much he owes, or even what company holds his loans. Just as happened with home mortgages in the boom years before the 2008 financial crash, his son's student loans have been sold and resold, and at least one was likely bundled into a complex Wall Street security. But the trail of those transactions ends at a wall of corporate silence from companies that include two household names: banking giant UBS and Xerox, which owns the loan servicer handling the bulk of his loans. Left without answers is a bereaved father.

The risk of cosigning on Freddy's loans seemed to have been worth it when he graduated in May 2008 and began looking for a job in the music industry. He was on the way back from a job interview on the evening of Sept. 4 when he lost control of his car and it rolled over. Freddy's family learned of his death the next morning.

The grief was relentless; the debt collectors, ruthless. By law, debt collectors must go through a debtor's attorney if one has been hired, but even after Reynoso hired an attorney, he said they continued to call him every day, several times a day, for about a year and a half: "I would tell them to call the lawyer. And they would still say, 'The lawyer doesn't owe us. You're the one who owes us. You're the one who has to pay us.'"

Meanwhile, Reynoso was still reeling: "I was crying for him every day,” he said.

The question of to whom Reynoso's debts are actually owed — and who has the authority to forgive them — is a mystery that thus far neither Reynoso nor his lawyer has been able to solve.

One of Freddy's student loans was cancelled after his death without a problem: his federal loan. That's because the government cancels student loans if a student dies.

But the bulk of Freddy's loans were private student loans, which typically offer less favorable interest rates and fewer consumer protections. Only a few private student lenders offer debt discharges in the event of the borrower's death, though public outcry over specific cases has swayed lenders to grant occasional death discharges.

But for the Reynosos, just figuring out whom to appeal to has been an exercise in futility. Working with a law firm, Francisco Reynoso sent copies of Freddy's death certificate to any company that sent paperwork about the loans. He remembers being told by at least one company that they'd call him to work out a solution. But no one ever did, he said, and the bills kept coming — each time larger than the last with more interest, more late fees.

"We sent out death certificates to all of them," said Dolores Orozco-Serrano, a legal administrator with Borowitz & Clark, the bankruptcy law firm handling the Reynosos' case. Only the federal loan was discharged. "Everyone else was not cooperative at all."

Freddy Reynoso's private loans were originated by two companies — Bank of America and Education Finance Partners. Neither company still holds onto them. ProPublica tried to find out who did.

First, the Bank of America loan: Almost as soon as Bank of America originated it, the loan was sold to a Boston-based company called First Marblehead, once one of the biggest securitizes of student loans. But nowhere in the paperwork sent to the Reynosos and reviewed by ProPublica does the name First Marblehead appear. Instead, the Reynosos have received paperwork emblazoned with the logo of National Collegiate Trust. That's the name First Marblehead gave to bundles of loans that it turned into Wall Street securities and sold to investors. Was Freddy's loan bundled into a security? And if so, who owns it now? First Marblehead has not returned repeated requests for comment.

Freddy Reynoso's other loans followed an even more complicated path — and one tainted by scandal. Education Finance Partners, the private student loan company that originated the largest portion of Freddy's student debts, reached a $2.5 million settlement agreement with the New York Attorney General's Office in 2007 to settle charges that it had paid colleges across the country to steer students toward its high-interest loans. And Berklee College of Music, Freddy's alma mater, was one of the schools singled out in that investigation for accepting the improper payments. Berklee College of Music spokesman Allen Bush acknowledged in a statement to ProPublica that the school accepted a total of $23,000 from Education Finance Partners between 2005 and 2007, but said that "all of these funds were deposited into a financial aid account and disbursed through a need-based grant system to current Berklee students."

Education Finance Partners, Freddy's lender, never admitted any wrongdoing. A year after the settlement, the company declared bankruptcy.

But who holds Freddy's loans now remains a mystery. The company's archives — now kept by a company called Loan Science — show that his loans were scooped up by the Swiss bank UBS in October 2008. But the entire portfolio changed hands again in 2009. "That 2009 sale was private, it was bound by a confidentiality agreement and, therefore, we're not in a position to disclose the identity of the purchaser," wrote a UBS spokesman in an email.

One possibility: Freddy's loan may have been among those acquired by the Swiss National Bank, Switzerland's equivalent of the U.S. Federal Reserve, when it bailed out UBS. (See our sidebar.)

Reynoso and his lawyer don't even know exactly how much he now owes, but it appears to be well into the six figures. The loan that Bank of America originated is clear: At the end of March, the balance was around $7,400, according to Mike Reiber, a spokesman for PHEAA, a company that once serviced that loan. (With the loan in default, it now resides with First Marblehead, Reiber said.) But the other, much larger portion of Reynoso's debt remains murky. A 2009 lending disclosure document indicates that through Education Finance Partners, UBS extended nearly $160,000 in credit to Freddy Reynoso, and projected that if he made all payments as scheduled, the loan for his music education would end up costing him $279,000.

Seemingly the only party who knows — and is obligated to tell Reynoso — about this debt is the servicer, ACS Education Services.

Citing privacy reasons, ACS declined to disclose any specifics about the loans to ProPublica, even with Reynoso's full consent. Three weeks ago, Francisco Reynoso himself sent a letter to ACS asking who currently holds the loans, but he has received no response.

ACS is a subsidiary of Xerox, so ProPublica put in several calls there. Given more than a full week to respond, Xerox's corporate communications team has yet to provide a response to queries about when Reynoso can expect basic information about his son's loans, including the amount he owes and the name of the company that now owns the debt.

Even with the help of a lawyer, Reynoso's options are limited. Unlike most kinds of debt, private student loans are not dischargeable through bankruptcy, though Sen. Dick Durbin, D-Ill., is leading an effort to change that. So for the time being, Reynoso's hope hinges on a narrow provision in the bankruptcy code called a hardship discharge. The bar for proving "undue hardship" is high, but Reynoso still hopes for the best as he waits for a ruling from the bankruptcy judge. As he puts it: "I'm in the hands of God."



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ABOUT Marian Wang

Since graduating with honors from Northwestern University's Medill School of Journalism in 2007, she worked in Chicago as a freelance investigative reporter and blogger for The Chicago Reporter, Chi-Town Daily News, and ChicagoNow. She now lives in New York. She likes it a lot.

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18 comments on "Grieving Father Struggles to Pay Dead Son’s Student Loans"

enuf

June 17, 2012 5:39pm

Student loans. The next financial Armageddon

Raymond P. Bilodeau

June 16, 2012 12:10pm

Bankruptcy and student loans are a complicated mess. If the debtor lists the loan, as required, it might help in the bankruptcy, since a creditor could be compelled to show the note and then the debtor could challenge the amount owed or even the existence of the loan in the absence of any chain of title.

CDA Law

June 16, 2012 11:02am

This private student loan debt can be attacked by a complaint for declaratory judgment arguing the securitization faults of which there are probably many document errors. With his income and age, a hardship discharge is likely in bankruptcy. If all else fails, there are recent governmental programs that permit the payment to be based on income and this fella would probably be zero with eventual forgiveness of th remainder.

The big problem here is the debt collector isn't telling him any of this. Hopefully his competent attorney is suing the debt collector for its many violations (harassing phone calls after hiring counsel, not advising of other options etc.)

Christie Arkovich, consumer attorney, Tampa, FL

al92612

June 16, 2012 9:58am

Life in the Capitalist $hithole of America.

palsimon

June 15, 2012 9:42pm

No doubt there is a need for some investigation of some of these loan sharks. Many loan sharks around the country should be investigated. HOWEVER, that said, this man is going through the same problems many others have gone through, where the simple solution is bankruptcy. He is unable to pay. Why is he getting this huge write up? Thousands of people in our country have this problem all the time. He needs a good lawyer who will give him good advice. He is NOT an unusual case. He also has to learn to change his phone number. Get 1 Magic Jack for personal use, another Magic Jack to give out publicly, and then just let it ring off the hook. Then file bankruptcy. Easy as pie.

Raymond P. Bilodeau

June 16, 2012 12:01pm

In case you missed it, the article notes that student loans are exempt from discharge in bankruptcy except in case of "extreme hardship" which has been defined in the statute as more than merely the inability to pay.

wkillpatri

June 16, 2012 8:51am

Palsimon ... Did you read the whole article? (Not flaming -- really -- just asking.) Toward the end it explains that student loans are one of the few forms of debt NOT erased by declaring bankruptcy. While Sen. Durbin is trying to change this, the only way to stop the insanity is to 1) declare bankruptcy, and, 2) seek student loan debt discharge under an almost-impossible-to-get "hardship ruling" from the bankruptcy court.

Another interesting tidbit ... Student loans NEVER go away. Recently read an article about the leading edge of Baby Boomers now retiring. They're rather shocked when they start receiving Soc. Sec. checks for $0 because those checks are being garnished to repay student loans from 40 years ago. Amazing.

EllB496

June 16, 2012 8:02am

"Easy as pie."

Not exactly. Please re-read the story -- it appears that he is already in bankruptcy, waiting to hear if the judge will grant a hardship discharge, which is very difficult to prove. I hope he is able to be relieved of this nightmare born of corporate greed, secrecy and just flat out evil.

grannm

June 15, 2012 8:32pm

Yet the obscenely FAT cats lie, cheat and steal other people's money and LIVE to walk away with millions. This is a crime!!!!

kva013

June 15, 2012 4:15pm

first of all - a student loan is no longer owed if one dies or becomes disabled

http://studentaid.ed.gov/PORTALSWebApp/students/english/discharges.jsp?t...

the FIRST statement: "It's possible to have your student loan debt discharged (canceled) or reduced, but only under certain specific circumstances:

You die or become totally and permanently disabled."

so either this is not a true story, or his lawyer is a complete moron, OR... he used a regular loan to pay for his son's college which not only costs more in interests, but obviously doesn't go away - not too bright even if his son didn't die... and it still sounds fishy to me

LakeCottage

June 15, 2012 6:44pm

As the article indicated -- "One of Freddy's student loans was cancelled after his death without a problem: his federal loan. That's because the government cancels student loans if a student dies." The site link you offer pertains ONLY to federal student loans. This student borrowed through private (non-federal) loans where there is rarely any cancellation due to death. There are many educational private loans available to college students through Sallie Mae, Chase, etc. For many students, this is their only option.

Rulon Cushing

June 15, 2012 5:45pm

Just isn't right. Sounds like they took out a loan for the loan?

Arminius Aurelius

June 15, 2012 1:54pm

I had a friend who eventually was able to buy a coffee / donut shop and over the years bought 2 more . He owned his own home on Cape Cod , had a power boat and also a catamaran and took tourists out for a cruise . His friend wanted to open a restaurant on Cape Cod and asked Jack to co sign for a loan . He did and later when the restaurant went bankrupt , it turned out his " friend " put his personal house in his wife's name and therefore all the debt fell on Jacks back. He lost everything in order to pay off his " friends " debt. Lesson learned , NEVER co-sign a loan .

mycall8's picture
mycall8

June 15, 2012 1:36pm

I must chime in and declare that should just not pay these banks who ever they are or what ever they claim to be owed. If bill collectors call hang up. Look the system sucks basically. Consider the truth of the matter: the "money" the bank "loaned" did not exist and was created from thin air. Why should he pay ? If this was in the European system, it would have costed around 500 € a year to study what ever his son would have wanted to study ! I went to Chiropractic school in the 80s it cost about 23 k I paid back 17 k before declaring bankrupt in 1992. 15 years later they tell me this student loan debt was not wiped in my BK and I owe now 90 k. I paid a minimum payment for a couple of years and then made an offer to settle for 35k. This was my life savings and the result of years if work and struggle. I am now debt free at 58. Maybe I can now recover and save enough to retire when I'm 70. The complete system needs an over haul and what this poor father is suffering is a symptom of the disease. America home if the Fee & land of the niaves

jeltez42

June 15, 2012 1:04pm

I do feel deeply sorry for this gentleman's loss of his son, I could not begin to imagine his sorrow and suffering. The financial situation however, not so much. I cannot subscribe to the 'we will do anything for our children' mantra. Not that our children are not worth it, most are, but how in the world can we take care of them and any of their siblings if we are not responsible with money and protect our financial interests? As a parent, my first responsibility and duty is to ensure that I can take care of them and myself in all ways in good times and especially in bad.

I also hold the school and the "loan" programs at fault too. No doubt they preyed on this family. And let us not forget that the college loan program at this time was under the control of private companies. Well I guess we see another example of how much better private industry can run things.

Hopefully, Mr Reynose's lawyer is having him record these phone calls as well as keeping phone records. These collections agencies that are calling him are breaking the law and can be sued for damages. And as a statement on our current business ethics/morality climate, Uncle Dave has it right...prove that you, the corporation, LEGALLY owns the loan(s) and that they are in fact my loan(s), then I'll pay. Until you can do that, don't call or you will get sued.

Monique DC

June 15, 2012 2:02pm

So, Jeltez, what's the option? Congress has redefined the Pell grant formula making many student ineligible. This leaves only private lenders. Are you saying that if a student has not had the good fortune to be born into an affluent family, even if he/she is bright and talented, we don't benefit from having such a student attend college?
If no family money and no Pell grants, that leaves only scholarships - most of which do not pay the full bill and are not available to a wide range of students.
Nor do I think litigation is productive. We need a better way. We are behind globally on educating students in math, sciences, engineering. It is a matter of public policy. If we want an educated population (and thus a better society in general) we need to make it possible for people to get educations. Or would you propose that the weathy adopt students with high SAT scores as a surrogate to providing access?

I hear your judgement. I don't see any alternatives offered to move us forward educationally.
(from a woman who paid her own way through school but would be unable to do so in todays environment).

bsimpich@gmail.com

June 15, 2012 12:46pm

This is to Francisco Reynoso, his lawyer, and Marian Wang:

Good article, but one very important fact should be included in this story. Mr. Reynoso has an effective remedy against these terrible people who call him rather than his lawyer: Small claims court. He can file a claim for $2500 or thereabouts for each phone call made after he writes them and informs that they cannot telephone him, all contact must be in writing.

The federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. § 1692 and following) bars collectors from:

harassing you
using abusive language
using false or misleading statements
adding unauthorized charges, and
many other practices.

Under the FDCPA, you can demand that the collection agency stop contacting you (except to tell you that collection efforts have ended or that the creditor or collection agency will sue you). Make your request in writing.

Old Uncle Dave's picture
Old Uncle Dave

June 15, 2012 12:08pm

"I owe you money? Prove it. Show me the note!"