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Higher Education


STUDENT LOAN SERVICER MOHELA SUED, ACCUSED OF MISMANAGING FORGIVENESS

By Danielle Douglas-Gabriel
December 12, 2023 at 5:51 p.m. EST

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A pair of borrowers pursuing student loan forgiveness for public servants is
suing the Missouri Higher Education Loan Authority, which manages the program on
behalf of the federal government, for repeatedly failing to process their
applications.


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The case explores what consumer advocates and liberal lawmakers say is MOHELA’s
haphazard handling of the federal Public Service Loan Forgiveness program, which
encourages college graduates to enter fields serving the public good with the
promise of having their student debt canceled after a certain period. People
have complained of inaccurate payment counts, inconsistent information, long
wait times and processing delays, problems they say undermine the program.



The PSLF program was created by Congress in 2007, and requires borrowers to make
120 on-time monthly payments for 10 years to have their remaining balance
canceled. They must work for the government or certain nonprofit organizations
and be enrolled in specific repayment plans.

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The program has long been derided by participants, lawmakers and consumer groups
for being exceedingly complex and poorly managed, leading the Biden
administration in 2021 to temporarily relax the rules and then ultimately
rewrite them.

Watchdog agency blasts government contractor for mishandling student loan
forgiveness program

In a lawsuit filed Monday, plaintiffs Jennifer Joy and Misty Thomas say some of
the same administrative breakdowns that have come to define PSLF persist. Both
say they hit the required 120-payment threshold and submitted applications for
forgiveness in August 2022. When neither received word from MOHELA about their
applications, they resubmitted a year later to no avail, according to the
lawsuit. But despite being eligible for loan forgiveness, Joy and Thomas said
the servicer requested they start repaying their loans when the pandemic-era
payment pause for federal student loan borrowers ended in October.

“Our clients, like the many other borrowers who contacted us, worked in public
service jobs and relied on the Public Service Loan Forgiveness program,” said
Joseph Kenney, a partner at Sauder Schelkopf, which is representing Joy and
Thomas. “Now that these individuals have fulfilled their obligations, they
should receive the benefits promised by PSLF. Instead, they are waiting months
for a decision and as a result being forced to make extra loan payments.”

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The lawsuit, filed in U.S. District Court for the Eastern District of Missouri,
accuses MOHELA of breach of contract and violating fair debt-collection
practices. The plaintiffs are seeking class-action status, timely processing of
outstanding applications and undisclosed damages.

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MOHELA did not immediately respond to requests for comment. While the Education
Department declined to comment on the allegations in the lawsuit, the agency
said it will not tolerate errors from loan servicers that prevent eligible
borrowers from accessing the student debt relief they’ve earned.

It may take longer for some public servants to see student loan relief

In July 2022, MOHELA became the sole servicer for the public service forgiveness
program after the Pennsylvania Higher Education Assistance Agency cut ties with
the department. By November of that year, the loan servicer warned borrowers of
delays in processing applications because it was inundated with forms in the
wake of President Biden’s waiver allowing more people to potentially qualify for
relief.

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MOHELA said it was also stymied by a lag in receiving files from the Education
Department’s Federal Student Aid office and other servicers needed to update
payment counts and complete loan discharges. The company said it could not write
off loans or conduct other adjustments without the files, which contain millions
of records that MOHELA said would take weeks to process and absorb. MOHELA and
the Education Department told borrowers it would take at least 90 business days
to process forms as they are received.

“There is a delay because there is a lot of manual work in looking at these
accounts, pulling up the payment history and trying to reconcile all of that,”
said Scott Buchanan, executive director of the Student Loan Servicing Alliance,
a trade group for loan servicers. “That’s a lot of work to be done at FSA, but I
don’t think this is a servicer issue necessarily.”

There has been a steady flow of applications amid heightened awareness of the
program and as the Education Department has streamlined the digital form,
according to the agency. As of October, 715,000 public servants had received a
total of $51 billion in debt cancellation through Public Service Loan
Forgiveness. There are still hundreds of thousands of applications awaiting
review.

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In September, a group of Democratic lawmakers, led by Sen. Bob Menendez of New
Jersey, sent a letter to Education Secretary Miguel Cardona accusing MOHELA of
leaving public servants in the dark about the status of their applications.
Menendez said he had heard from constituents who had not received credit for all
of their qualifying payments, had experienced long wait times when attempting to
contact MOHELA and had been waiting up to a year for relief.

MOHELA and other student loan servicers have been contending with reductions in
call center hours and staffing shortages, which they attribute to a dearth of
funding for the Education Department from Congress. Servicers say they are being
asked to execute a series of new policies and usher millions of borrowers back
into repayment without enough money to pull it all off.


STUDENT LOANS

The impact of student loan repayments: A technical loophole is helping some
parents lower their student loan payments. The ending of the student loan
payment pause has left some borrowers anxious and confused.

What are my student loan repayment options? Personal finance columnist Michelle
Singletary shares what to focus on as student loan payments resume and why she
says President Biden’s new SAVE student loan income-driven plan is a game
changer.

What’s next for student loan debt relief? Biden is forging ahead on a new path
to narrower student loan relief after the Supreme Court rejected his earlier
loan forgiveness plan. Meanwhile, conservative groups sued to block Biden’s
effort to provide $39 billion in forgiveness to longtime borrowers.


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