Consumer complaint received 2023-01-24
Company: Nelnet, Inc.
State: TX
Product: Student loan
Sub-product: Federal student loan servicing
Issue: Dealing with your lender or servicer
Sub-issue: Problem with customer service

Complaint:
XX/XX/XXXX XXXX  XXXX : Claims XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Account : XXXX Attached Letter received from XXXX, please review initial letter and my response. 

Lack of customer service for our spousal consolidation. 

XXXX XXXX ( Ombudsman group ) - Loan Servicer Our concern regarding the XXXX XXXX XXXX XXXX originated in XXXX of XXXX is fraudulent according to the information we have from https : XXXX This documentation states, XXXX XXXX, Spouse Information, and all references throughout the Application and Promissory Note to consolidating jointly with your spouse. Effective for Applications and Promissory Notes received on or after XX/XX/XXXX, a married couple XXXX no longer borrow a Federal Consolidation Loan as joint borrowers. The loan application and promissory note my spouse and I signed was on XX/XX/XXXX and processed fraudulently on XX/XX/XXXX by XXXX. XXXX XXXX loan ( section XXXX of the XXXX amended section 428 ( a ) ( 3 ) ( c ) of the HEA by eliminating the ability of a married couple to jointly consolidate their student loan. The regulation : section 682.102 ( d ), 682.201 ( c ) ( 2 ), 682.201 ( e ), and 685.220 ( d ) ( 2 ) was modified to eliminate joint consolidation loans by married couples for application and promissory note on and after XX/XX/XXXX, XXXX regulation DOES NOT STATE WHEN THE LOAN WAS ORIGINATED. The law clearly states Nelnet should have ensured that any servicing being provided on any loans they assumed should be in good standing. Based on the documentation we shared for this loan should not have originated after XX/XX/XXXX and you have continued to service a loan that should not exist. A bidding contract is when the application and promissory note includes the date of the loan, the dollar amount, the names of both parties, the rate of interest, any collateral involved, and timeline for repayment. When this document is signed by the borrower it becomes a legally binding contract not when the loan process starts. The date mentioned in your letter response has no legal binding. You mentioned, We apologize for the delay in response to your concerns. We have actively been researching your account with your lender and guarantor to determine the validity of your loan account. The Spousal Joint Consolidation Loan Program was dissolved effective XX/XX/XXXX ; however, consolidation loans initiated prior to XX/XX/XXXX were allowed to originate and remain valid loans. It was determined, through reviewing information from your prior loan servicer, your lender, and your guarantor, you began the process to consolidate your loans in XX/XX/XXXX. Due to this information your loan remains a valid loan. At this time there are no adjustments available to your account. Please provide documentation for the statement you included in your most recent response ( indicated in the previous paragraph above ) to clearly support your findings based on your research and discussion with the prior loan servicer, lender, and guarantor. Our previous lender ( XXXX ) was shut down on XX/XX/XXXX and all of their loans were transferred to other loan servicers. Please provide what previous servicer you spoke to? Was it XXXX XXXX, if so the loan servicing operation is a fully owned subsidiary of Nelnet. We are requesting that you provide proof of the XXXX XXXX XXXX XXXX and XXXX note that has a valid signature from my spouse and I with a date prior to XX/XX/XXXX. You are claiming in your letter response XX/XX/XXXX, loans initiated prior to XX/XX/XXXX were allowed to originate. Can you please provide supporting documentation for your statement as this was not included in the new regulation provided above. Please keep in mind until we acknowledge the loan application and promissory note, there is no loan and the process can not be started without my spouse and I giving approval to set up a joint consolidation loan. We requested from Nelnet several months ago a copy of the XXXX XXXX XXXX XXXX and XXXX XXXX and it clearly shows that we signed on XX/XX/XXXX which is not before XX/XX/XXXX. We can share a copy that Nelnet provided to us if necessary. As as a result of my research and findings, Nelnet continues to service a fraudulent loan and requesting monthly student loan payments.

Company response to consumer: Closed with explanation