# Presentation: 488592

## Loan Purchase and Participation Programs Overview

**U.S. Department of Education**
**July 1, 2008**

## Agenda

- Introduction – Sara Martinez Tucker, Under Secretary, U.S. Department of Education
- Program Overview - Dennis Cariello, Office of the General Counsel, U.S. Department of Education

## Webinar Objectives

- Purpose: To provide high level overview of proposed FFEL loan purchase programs.
- Target Audience:  FFEL lenders, secondary markets, loan holders, and guaranty agencies.
- Limitations:  Will not include details on contract formats, process flows, data elements, cash flows, reconciliations, and compliance.  This information will be provided in other formats, including in subsequent webinars.

## Introduction

- Sara Martinez Tucker
- Under Secretary
- U.S. Department of Education

## Problem

- 	Lack of required liquidity in financial markets impacting ability of FFEL Program lenders and secondary markets to find cost effective financing.

## Response

- President’s call for statutory authorities to address problem
- Congressional action
- Secretary Spellings’ May 21 letter to FFEL lenders
- Secretary Spellings’ June 17  letter to colleges and universities

## Legal Authorities

- Ensuring Continuing Access to Student Loans Act of 2008 (P.L. 110-227)
- HR 5715
- Signed by the President on May 7, 2008
- Strengthened GA Lender of Last Resort Program
- Provided Secretary authority to purchase FFEL loans.
- Cannot provide advanced funding to lenders
- Federal Register Notice
- Required by statute
- Draft Posted to IFAP on June 24, 2008
- Official Publication July 1, 2008

## Program Objectives

- Ensure that eligible students and parents receive federal student loans for the 2008-2009 academic year
- Support the FFEL Program as a successful private/public partnership
- Ensure no net cost to the federal government

## Two Programmatic Components

- Loan Purchase Commitment Program
- Commitment by ED to purchase eligible 2008-2009 FFEL loans through September 30, 2009
- Called “put”
- Any FFEL lender/holder
- Loans must be fully disbursed to be purchased
- 45 day advance notice of loans to be sold
- ED’s commitment has value in financial markets

## Two Programmatic Components

- Loan Participation Purchase Program
- Commitment by ED to purchase “participation interests” in eligible 2008-2009 FFEL loans through September 30, 2009
- ED’s purchase will provide immediate liquidity
- To terminate ED’s participation interest lender repays ED with defined yield.
- Loans can be redeemed by lender
- Loans can be sold to ED

## Program Overview

- Dennis Cariello
- Office of the General Counsel
- U.S. Department of Education

## Eligible Lenders and Eligible Loans(Both Programs)

## Eligible Lender –
Any entity that holds eligible loans as an eligible lender as defined by section 435(d)(1) of the HEA.
Includes –
Secondary Markets
Eligible lender trustees
School lenders

- Any entity that holds eligible loans as an eligible lender as defined by section 435(d)(1) of the HEA.
- Includes –
- Secondary Markets
- Eligible lender trustees
- School lenders

**Eligible Lenders and Eligible Loans**

## Eligible Loans –
FFEL subsidized and unsubsidized Stafford and PLUS loans (parent and grad student):
Made for loan periods that include, or begin on or after July 1, 2008
First disbursed on or after May 1, 2008 but no later than July 1, 2009 
Will be fully disbursed by September 30, 2009

- FFEL subsidized and unsubsidized Stafford and PLUS loans (parent and grad student):
- Made for loan periods that include, or begin on or after July 1, 2008
- First disbursed on or after May 1, 2008 but no later than July 1, 2009
- Will be fully disbursed by September 30, 2009

**Eligible Lenders and Eligible Loans **

## The following are not Eligible Loans
Consolidation loans
LLR Loans
Loans with a default claim filed with the guarantor
Loans with borrower benefits, other than –
Upfront borrower fee payments
Offer of .25% interest rate reduction for automatic repayment
See IFAP Electronic Announcement dated June 18, 2008 

- Consolidation loans
- LLR Loans
- Loans with a default claim filed with the guarantor
- Loans with borrower benefits, other than –
- Upfront borrower fee payments
- Offer of .25% interest rate reduction for automatic repayment
- See IFAP Electronic Announcement dated June 18, 2008

**Eligible Lenders and Eligible Loans**** **

- _Eligible Loans –_

## Loan Purchase Commitment Program

## Loan Purchase Commitment Program

- ED will commit to purchase, through September 30, 2009, fully disbursed 2008-2009 eligible loans that are held by eligible lenders
- No minimum number of loans or dollar amount
- Purchase Price:
- Current Outstanding Principal Balance
- Accrued interest owed by borrower
- Reimbursement of 1% lender fee
- $75 per loan

## Loan Purchase Commitment Program

- _Purchase Price:_
-  Interest on subsidized loans paid by ED to
-   lender for the period the lender held the loan.
-  Special Allowance Payments (SAP) paid as
-   normal.
-  Subsidized and unsubsidized eligible loans for
-   the same borrower must be sold together
-   (does not apply to PLUS).
-  For $75.00 per loan fee, subsidized,
-   unsubsidized, and PLUS are separate loans
-   even if for same borrower for same period.

## Loan Purchase Commitment Program

- To participate, each eligible lender must
- Submit Notice of Intent to Participate
- Submit a Master Loan Sale Agreement with supporting documentation
- Receive ED approval

## Notice of Intent to Participate –
Submission by lender creates option but does not obligate lender to sell loans to ED.
ED’s receipt of Notice of Intent to Participate establishes eligibility of loans. 
Only loans where the first disbursement is made on or after ED’s receipt of the Notice of Intent to Participate may be sold to ED, except –
If Notice of Intent to Participate received by ED within 15 days of Federal Register Notice (July 16, 2008), eligible loans made on or after May 1, 2008 may be sold to ED.

- Submission by lender creates option but does not obligate lender to sell loans to ED.
- ED’s receipt of Notice of Intent to Participate establishes eligibility of loans.
- Only loans where the first disbursement is made on or after ED’s receipt of the Notice of Intent to Participate may be sold to ED, except –
- If Notice of Intent to Participate received by ED within 15 days of Federal Register Notice (July 16, 2008), eligible loans made on or after May 1, 2008 may be sold to ED.

**Loan Purchase Commitment Program**

## Master Loan Sales Agreement–
Contract between eligible lender and ED.
May be submitted at any time after Notice of Intent to Participate.
ED’s OGC will review Agreement and supporting documents.
Lender will be notified with fully executed agreement.
Lender must provide ED with 45-day notice of intent to sell a loan(s).
Servicing of loans after sale will be determined  by ED.

- Contract between eligible lender and ED.
- May be submitted at any time after Notice of Intent to Participate.
- ED’s OGC will review Agreement and supporting documents.
- Lender will be notified with fully executed agreement.
- Lender must provide ED with 45-day notice of intent to sell a loan(s).
- Servicing of loans after sale will be determined  by ED.

**Loan Purchase Commitment Program**

## Each eligible loan to be sold must –
Have a signed promissory note.
Have been first disbursed no later than July 1, 2009.
Be fully disbursed.
Have been originated and serviced in compliance with all requirements of applicable law.
Bear interest at the stated statutory rate under the HEA.
Satisfy the terms, conditions and representations and warranties of the Master Loan Sale Agreement.

- Have a signed promissory note.
- Have been first disbursed no later than July 1, 2009.
- Be fully disbursed.
- Have been originated and serviced in compliance with all requirements of applicable law.
- Bear interest at the stated statutory rate under the HEA.
- Satisfy the terms, conditions and representations and warranties of the Master Loan Sale Agreement.

**Loan Purchase Commitment Program**

## Loan Purchase Commitment Program

- _Dates and Deadlines:_
-  May 7, 2008 - Law Enacted
-  July 1, 2008 -   Federal Register Notice 				Published
-  July 16, 2008 - If Notice of Intent to 					Participate received, loans 				eligible back to May 1, 2008
-  March 31, 2009 - Last date to submit Master Sales
-                     Agreement
-  July 1, 2009 - Last date for first disbursement
-  August 14, 2009 - Last date to provide 45-				day notice
-  September 30, 2009 - Last date to sell loans

## Loan Participation Purchase Program

## Loan Participation Purchase Program

- 	Concept – ED provides lender liquidity by purchasing “participation interests” in eligible FFEL loans that the lender has placed in a “participation” facility controlled by a Custodian. Lender reduces ED’s participation interest by repaying ED amount ED paid plus ED’s yield with cash or by completing sale of loan(s) to ED.

## Players:
   ED: U.S. Department of Education 	 	(Participant)
   Sponsor: Eligible FFEL lender or holder of 		FFEL loans
   Custodian: Holds legal title to the Purchased 		   Eligible Loans
Must be an eligible lender
Must be a National or State-chartered bank
Must not be affiliated with the Sponsor

-    ED: U.S. Department of Education 	 	(Participant)
-    Sponsor: Eligible FFEL lender or holder of 		FFEL loans
-    Custodian: Holds legal title to the Purchased 		   Eligible Loans
- Must be an eligible lender
- Must be a National or State-chartered bank
- Must _not_ be affiliated with the Sponsor

**Loan Participation Purchase Program**

## Loan Participation Purchase Program

- Minimum Participation Amount –
- Sponsor must commit to participation of at least $50 million.
- Smaller lenders may aggregate with each other or with larger lender by transferring title.

## Loan Participation Purchase Program

- Steps –
- Eligible lender, after making first disbursement of eligible loans, using its own or short-term borrowed funds, places loans into a “participation” facility that is under the control of a Custodian who takes title of the loans.
- Lender (now Sponsor) responsible for servicing of loans.

## Loan Participation Purchase Program

- Steps –
- In exchange for title to loans, Custodian provides Sponsor with two participation interest certificates.
- The ‘A’ Certificate (a Participation Interest in the loans that were transferred) is purchased by ED.  ‘A’ Certificate is the senior certificate.
- Sponsor holds ‘B’ Certificate, which entitles them to:
- Redeem eligible loans, or
- To exercise the purchase option to sell loans to ED
- Entitled to residual amounts

## ED buys a Class A Participation Interest from Sponsor, which entitles ED to:
100% beneficial ownership interest in the principal portion of eligible loans
ED’s Yield: Commercial paper rate plus 50 basis points

- 100% beneficial ownership interest in the principal portion of eligible loans
- ED’s Yield: Commercial paper rate plus 50 basis points

**Loan Participation Purchase Program **

## Loan Participation Purchase Program

- Steps –
- After subsequent disbursements are made on the loans ED provides additional funds to Sponsor (through the Custodian) by purchasing increased participation in the loans.

## Loan Participation Purchase Program

- Reducing ED’s Participation Interest
- ED’s participation interests are reduced by Sponsor repaying ED its principal payments plus ED’s yield (CP+50bp).
- To reduce ED’s participation, loans may be –
- Redeemed by the Sponsor
- Sold to ED through Loan Purchase Program
- Same loan value
- Sponsor must have Loan Purchase Agreement on file with ED
- Must provide ED with 45-day notice of sale

## Each loan included in participation must:
Have a signed promissory note 
Have had at least one disbursement
Have been originated and serviced in compliance with all requirements of applicable law
Bear interest at the stated statutory rate under the HEA 
Satisfy the terms, conditions and representations and warranties of the Master Participation Agreement

- Have a signed promissory note
- Have had at least one disbursement
- Have been originated and serviced in compliance with all requirements of applicable law
- Bear interest at the stated statutory rate under the HEA
- Satisfy the terms, conditions and representations and warranties of the Master Participation Agreement

**Loan Participation Purchase Program**

## Loan Participation Purchase Program

- To participate, each eligible lender must
- Submit Notice of Intent to Participate
- Submit a Master Participation Agreement with supporting documentation
- Receive ED approval
- Submit a monthly rolling forecast report
- Submit Participation Purchase Request with Loan Schedule (Custodian)

## Loan Participation Purchase Program

- Minimum Participation Amount –
- Sponsor must commit to participation of a total of at least $50 million by end of program.
- Smaller lenders may “aggregate” with each other or with larger lender.
- The same SAP rate must apply to all loans being aggregated.

## When Sponsor sells eligible loans to ED:
Sponsor and ED net all amounts due
Sponsor owes ED principal and ED’s yield 
ED owes Sponsor value of purchased loans as determined in Loan Purchase Program, (principal balance, accrued interest, lender fee rebate and $75 per loan)

- Sponsor and ED net all amounts due
- Sponsor owes ED principal and ED’s yield
- ED owes Sponsor value of purchased loans as determined in Loan Purchase Program, (principal balance, accrued interest, lender fee rebate and $75 per loan)

**Loan Participation Purchase Program**

## Loan Participation Purchase Program

- _Dates and Deadlines:_
-  May 7, 2008 - Law Enacted
-  July 1, 2008 -  Federal Register Notice 				Published
-  July 16, 2008 - If Notice of Intent to 					Participate received, loans 				eligible back to May 1, 2008
-  March 31, 2009 – Last Date to Master Loan
-                            Sales Agreement
-  July 1, 2009 - Last date for first disbursement
-  August 14, 2009 – Last date to provide 45-				day notice
- September 30, 2009 – Last date to sell loans

## Slide 38