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Federal Student Loan Borrowers KNOW YOUR RIGHTS!

Group of students standing in lineKNOW YOUR RIGHTS!  Student loan borrowers who are eligible for automatic Closed School Discharges are not receiving them.  If this sounds like you, you should apply for a discharge immediately.  Read the details below to see if you are eligible.

Students have long been eligible for a total discharge of their federal student loans (and refund of any amounts paid) if they: (1) attended a school at the time it closed (or withdrew less than 120 days before it closed) and (2) did not subsequently transfer any credits to a similar program at another school.  This type of relief is known as a Closed School Discharge.

Unfortunately, many students do not know what a Closed School Discharge is.  In fact, less than half of students who qualify ever apply to receive this type of relief.  For that reason, the Department of Education established a rule in 2016 that would grant automatic Closed School Discharges to eligible students.

Under the leadership of Secretary DeVos, the Department of Education has refused to grant automatic Closed School Discharges.  Then, in September 2018, a federal court ruled that the Department’s attempts to delay implementing automatic relief were illegal.

Unfortunately, even though automatic Closed School Discharge is now the law, HERA continues to hear from students who are eligible for relief, but are still paying back their loans.  These students are not receiving the automatic discharges to which they are entitled.

If you meet the criteria described above, it is important that you apply for a closed school discharge as soon as possible. Here is the Loan Discharge Application: School Closure.

If you have questions about this post, you can reach HERA at inquiries@heraca.org.

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Senate Approves SB 818, victory for HBOR but now on to the assembly

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Oakland, California, May 10, 2018- SB 818 a bill that helps ensure Californians are treated fairly mortgage by loan servicers was approved by the senate. SB 818 restores original language from the Homeowners Bill of Rights (HBOR) that sunset at the end of 2017. HERA is a proud co-sponsor of this bill.

HBOR is widely described as the groundbreaking law that evens the playing field between homeowners and mortgage servicers. The foreclosure crisis may be over but that in no way means that these protections are not important. Homeowners, including surviving spouses and children are still at risk, and these protections ensure they will be treated fairly.

SB 818 requires mortgage servicers to stop foreclosure if a homeowner submits a complete application for a loan modification. It sets up the requirement of the servicer notifying the homeowner of having received the application, informing homeowners if they’ve submitted an incomplete application and providing a reasonable amount of time to appeal a denial.

SB 818 was approved by the Senate 23-12 and will now go before the Assembly.

(HERA in the News) From the California Dept. of Justice: Attorney General Becerra Calls on Education Secretary DeVos to Reject Toothless Student Borrower Defense Proposal

Monday, March 5, 2018 PRESS RELEASE
[CONTENT AND IMAGE IS FROM THE CA DEPT OF JUSTICE WEBSITE, PLEASE CONTACT THEM FOR MORE INFORMATION]

SACRAMENTO — California Attorney General Xavier Becerra, leading a coalition of 20 attorneys general, today submitted a letter to the U.S. Department of Education (Department) criticizing proposals that the Department offered during its recent rulemaking sessions to redraft regulations on borrower defense and financial responsibility. Borrower defense is the process by which students who have been defrauded by their schools can have their federal student loans discharged. For example, after the collapse of Corinthian Colleges in 2015, the California Attorney General assisted the Department in developing streamlined procedures to provide critical loan relief to tens of thousands of defrauded students around the country.
“We’re calling on the Secretary of Education to do her job and protect students, not fraudulent for-profit colleges,” said Attorney General Becerra. “So far, the Department has drafted borrower defense rules that do little to protect student borrowers. Instead, these rules would allow unscrupulous, for-profit sham colleges to rip off students and often the U.S. taxpayer with little worry about paying a legal penalty. As a Member of Congress, I supported reforms to the student lending system and defended regulations that protect student loan borrowers. As Attorney General, I will do everything in my power to ensure that all who seek a higher education can do so without having to worry about the motives of for-profit schools.”
Please visit State of CA DOJ Office of The AG for the full press release. Contact: (415) 703-5837, agpressoffice@doj.ca.gov

Beware of Solar Panel Door-to-Door Salespersons

gus-ruballo-128864Many homeowners across California are being unlawfully tricked into leasing or financing solar panels for their homes by door-to-door salespersons and phone solicitors who misrepresent the terms of the contract.

Recently, HERA assisted the Gonzalezes of Orange Cove, California, who were misled into entering into an expensive lease of solar panels on their roof by a salesman who knocked on their door. The Gonzalezes are monolingual Spanish-speakers and the salesperson told them in Spanish that his company could install solar panels on their roof that would save them hundreds of dollars on their energy bills. The salesman said they would pay $96 per month for 30 years and that they would own the solar panels afterward.

 

He had Mr. Gonzalez sign a contract written entirely in English, which the Gonzalezes could not read or understand. The contract had dramatically different terms than were explained by the salesman, including that the solar company would retain ownership of the solar panels after a 25-year lease and that increased every year to $186 per month in year 25 for a total of over $40,000 in lease payments.  The salesman never explained these crucial terms to the Gonzalezes before they signed the contract, and the company never provided them with a Spanish translation of the contract.

 

The solar panels were later installed, but they did not produce the energy savings that the salesman promised.  In fact, the combined electricity bill and lease payments were about triple of what the Gonzalezes previously paid for electricity without the solar panels.  In addition, the panels created holes in the roof that caused water to leak into the house when it rained.

 

HERA sent the solar panel company a letter rescinding the loan based on the salesperson’s fraudulent misrepresentation and the failure to provide the Gonzalezes with a copy of the contract in the language in which it was negotiated, as required by Civil Code section 1632. Within one month, the solar company agreed to cancel the lease, refund the lease payments and repair damage to the Gonzalezes’ roof in exchange for return of the solar panels.

 

HERA has assisted other clients rescind solar panel contracts that were obtained based in misrepresentations about the terms and without providing a copy of the contract in Spanish after Spanish-language negotiations about the terms.  If you are facing such a problem, you should contact us for assistance.

(HERA in the News) Attorney General Becerra Issues Statement on Department of Education’s Illegal Decision to Provide Only Partial Loan Debt Relief to Corinthian Students

December 21, 2017 from Highland Community News:

SACRAMENTO – California Attorney General Xavier Becerra issued the following statement on the news that Education Secretary Betsy DeVos has decided to provide only partial relief on federal student loans to defrauded Corinthian students:

“Under federal law, Secretary DeVos is required to provide full – not partial – relief to Corinthian students. The California Department of Justice will continue to hold her accountable through our ongoing lawsuit. Corinthian students had their American Dream stolen by a so-called higher education institution. This Department of Education needs to carry out its legal duty and help them rebuild their lives.”

Background: In 2013, the California Attorney General’s Office led the charge against for-profit Corinthian Colleges and its subsidiaries, seeking to put an end to abusive practices that left students under a mountain of debt and far too often without the jobs Corinthian had falsely promised its degrees would provide. Corinthian specifically targeted low-income, vulnerable students through false advertisements that misrepresented job placement rates and the value of its educational programs. Corinthian illegally used the seals of the armed forces in its advertisements to recruit veterans. It also engaged in illegal debt collection practices. The California Attorney General’s Office ultimately obtained a $1.1 billion judgment against Corinthian for its misconduct and the permanent closure of all Corinthian schools in California.

The California Attorney General’s Office was instrumental in moving the Department of Education to implement a borrower-defense process to grant widespread, expedited loan relief to defrauded Corinthian borrowers. Based on a joint investigation with the California Department of Justice, the Department of Education under President Obama announced that tens of thousands of former Corinthian students were entitled to federal student loan relief. The Department announced a streamlined process by which former Corinthian students could apply for that relief.

On December 14, Attorney General Becerra took Secretary DeVos to court for withholding student loan debt relief for Corinthian students. The federal Higher Education Act entitles student loan borrowers to relief if they are defrauded by their schools. More than 50,000 such claims submitted by Corinthian students are pending before the Department of Education, 13,000 from Californians. Today, the Harvard Law School Legal Services Center Predatory Lending Clinic and Housing and Economic Rights Advocates joined Attorney General Becerra’s lawsuit.

 Also see Attorney General Xavier Becerra’s press release on the State of California Department of Justice website here.

HERA and LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL FILE CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

December 20, 2017, Oakland, California:

This morning, borrowers represented by HERA and the Project on Predatory Student Lending at the Legal Services Center of Harvard Law School filed a nation-wide class action against the Department of Education for illegally and unfairly denying relief to tens of thousands of former Corinthian students who the Department already decided are entitled to have their loans discharged and their payments refunded.  Not only were they lied to by Corinthian, they have now been lied to by the federal government.

The case was brought by three named plaintiffs:

  • Martin Calvillo Manriquez was talked into WyoTech’s automotive technology program over community college. He didn’t really have an opportunity to even touch cars or car parts while he was enrolled. The school didn’t have tools or certified instructors. While he was in school, he worked at an oil change shop earning $8 an hour. He kept seeing classmates who had graduated from his program applying for the same low-paying, non-technical job he already had. Most of them didn’t even get jobs changing oil. Martin has never had a job related to auto repair. Even though the Department determined that Martin was misled and cheated, and even though he applied to have his loans discharged, the Department has taken two years of tax refunds and garnished his wages to pay back his loans.
  • Rthwan Dobashi owes more than $20,000 for the same program. He has also never worked in the field.  He is married, has two kids, and is expecting a third. In early 2016, he found out from the attorney general that he was eligible to have his debts from WyoTech cancelled, and he applied. He also told one of his friends from school, and his friend applied, too. His friend’s loans were discharged almost a year ago, while Rick still hasn’t heard anything from the Department.
  • Jamal Cornelius’s attended the Information Technology-Emphasis in Network Security program at Heald College, and borrowed more than $25,000. His debt from Corinthian is the only line on his credit report. He has been waiting more than fourteen months for any response to his application for relief.

All three borrowers, and all class members, are entitled to relief pursuant to the Department’s Corinthian Job Placement Rate Rule, which it has established through countless public statements, previous discharges, and direct notice to tens of thousands of covered individuals. The Department may not now change this rule and apply changes retroactively. In other words, it is unlawful for the Department to go back on its word.

See the full complaint here.

Please contact us at inquiries@heraca.org or (510) 271-8443 ext. 300.

(HERA in the News) KBLX Cares Interview with Sterling James: Housing and Economic Rights Advocacy

Find out what we’re all about as Sterling James from 102.9 KBLX talks to our executive director Maeve Elise Brown, listen here.

KBLX-FM

See more here: www.heraca.org & www.money-happy.org