Consumer complaint received 2019-05-09
Product: Student loan — Private student loan
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: KEYCORP (NY)

To : Consumer Financial Protection Bureau Re : XXXX Key Bank Student Loans - Cosigner Release Process FORWARD Please note that we are still in mourning and I apologize for any dramatic statements contained herein. 
My daughter XXXX XXXX XXXX was a matriculated student  at XXXX University from XX/XX/XXXX through XX/XX/XXXX graduating with a XXXX Degree. Her Student Loan package included XXXX XXXX, XXXX XXXX, XXXX Key Bank Student Loans and XXXX University Loans. The XXXX Key Bank Student Loan ( XXXX ) is the object of my complaint. 
XXXX died on XX/XX/XXXX from a rare form of XXXX XXXX. This was an act of god not a preventable self inflicted happenstance. She continued to work following her diagnosis in the Fall of XX/XX/XXXX. In XX/XX/XXXX she had completed her XXXX XXXX from XXXX XXXX University. She was a dedicated XXXX for her entire career and studied steadfastly to become a successful professional in her chosen field of XXXX XXXX culminating in her last position as the XXXX XXXX XXXX at the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Virginia. While there she made her mark as a professional in her field through XXXX XXXX XXXX and implementation for endangered species including the XXXX XXXX, XXXX, XXXX XXXX XXXX etc. As XXXX XXXXr she taught XXXX   skills to students and staff as well as coordinating research efforts with many national and international XXXX. 
CHRONOLOGY A chronology of the educational challenges of this very bright person coming from a lower middle class family started with her acceptance to XXXX University in XXXX, NY on XX/XX/XXXX, XXXX on XX/XX/XXXX the XXXX Office of Financial Aid and Student Employment provided a summary estimate of Costs and Resources of attending XXXX and of the awarded financial aid ( See Attachment # 13 ). On XX/XX/XXXX ( See Attachment # 1 ) we received a letter awarding the XXXX Key Bank Alternative Loan with instructions to fill out and return the application to Key Bank. The letter goes on to state that once the application is received by Key Bank the fall portion of the loan would appear on the XXXX XXXX Statement. And if the application is not received byXX/XX/XXXX the aid amount would not appear on the XX/XX/XXXX statement and that You would be responsible for the fall portion of the loan. It does not state if the loan is denied it merely states if the application is not received. Indeed the Instructions ( See Attachment # 2 ) in the loan packet state who is eligible ... to wit : a US Citizen/National, permanent resident, or eligible non-citizen. If you are an eligible noncitizen or permanent resident you must have a cosigner for the XXXX Key Alternative Loan is is a U.S. Citizen/National or permanent resident. The packet included an application for the XXXX  loan, XXXX application Instructions and promotional literature about the benefits of the XXXX. The brochure ( See Attachments # 3 & # 11 ) highlighted the following : - Low cost - Student is the borrower - No payments until after graduation - Graduate eligibility - Cosigner Release Option - 4.00 % with cosigner and 9.00 % without a cosigner As well as numerous other benefits extoling the virtues of the XXXX After being declined for the XXXX   initially ( XXXX XXXX ) due to No Credit History or Insufficient Credit History, we were encouraged to appeal the refusal on XX/XX/XXXX we were informed that additional information was required including Cosigner and borrower references. The loan was approved in the nick of time ( XX/XX/XXXX ) as classes had already started. The XXXX Application Instructions indicate a cosigner is needed if you are not a US Citizen. Since XXXX was clearly a US Citizen she had been denied the loan for other the reasons noted above. If Credit History or insufficient Credit History were the rationale for denying the loan I would postulate that the majority of College Freshmen do not have a Credit History upon which to develop creditworthiness. This seems to be a clear case of Bait and Switch as a tactic to ensnare freshman students and their parents into long term debt contracts and could be construed as predatory lending especially since there is a third party XXXX U. proffering awards of financial aid. The third party in this case created the financial aid package which allow the student to attend this institution of higher learning and allow the lender to offer a product upon XXXX letterhead as well as facilitation. 
A similar XXXX scenario occurred during the XX/XX/XXXX-XXXX  term when the application for the XXXX was rejected initially despite my being the cosigner. All of a sudden the loan was actually approved and XXXX was being provided the financial assistance she needed to pursue her education. It should be noted that the XXXX was renewable each year as documented in the Promissory Note ( see Attachments # 5 & # 8 ). Before graduating XXXX XXXX had accumulated 5 XXXX Key Bank Alternative Loans ( see Attachment # 7 ) totaling {$23000.00}. 
Following graduation in XX/XX/XXXX and a six month deferment period, XXXX began payments ( See Attachment # 7 ) on XX/XX/XXXX through the XXXX service company XXXX XXXX. Payments continued each month until XX/XX/XXXX when XXXX received a 6 month deferment due to her taking classes at XXXX XXXX U in Virginia. Payments were then renewed in XX/XX/XXXX for 8 months when another approved deferment occurred while she attended XXXX XXXX U full time as a XXXX XXXX. Monthly payments restarted in XX/XX/XXXX through XX/XX/XXXX ( Records have been requested from firstmark ). Payments continued from the Estate of XXXX XXXX XXXX between XX/XX/XXXX and XX/XX/XXXX. As Administrator for the Estate I had repeatedly sent letters requesting Cosigner release and notifying Key Bank and XXXX XXXX that XXXX had died These letters were accompanied by the payment from the Estate and most via registered mailed. As the court appointed Voluntary Administrator we submitted the Death Certificate as required and requested cosigner release as well as loan discharge. All my letters were ignored and I am currently facing default if I dont pay. I have never received acknowledgement from Key Bank or XXXX of my requests for information, only form letters noting amounts due. Conversations with Key Bank Officials and XXXX XXXX were not productive either. The most recent contact with XXXX representatives was on XX/XX/XXXX, when I called to request why I had not received a cosigner release denial promised to be sent to me by a manager at XXXX in conversation ( with XXXX on XX/XX/XXXX ) and a representative from Key Bank. I requested a denial so I could confer with others as to my legal options. The rational e from XXXX on XX/XX/XXXX for not sending the letter I requested was that They dont send correspondence from their division. Bu I could be put in touch with another section of the company that did email communications. In addition, XXXX noted I had three choices : 1 ) I could refinance and pay off the debt, 2 ) I could start making payments including the amount in arrears or 3 ) I could stop payments and be in default and have legal action commenced against me. With respect to the cosigner release she informed me that I could not obtain aa release because at the time XXXX died and they got the Death Certificate I became the borrower and there was no longer a cosigner. Furthermore, I could not have requested a cosigner release because only the borrower could do that and one can not obtain a cosigner release retroactively. And that the rules had changed requiring that a borrower had to make 48 on time payments to be eligible for release of the cosigner in addition to having a satisfactory credit history as determined by the lender. 
It should also be worth noting that following the XXXX of XXXX in the spring of XX/XX/XXXX I called XXXX XXXX to inquire about the cosigner release for the XXXXs. It was an extremely emotional discussion with the XXXX XXXX assistant and believes she cried as much as I did. I admit that I did not follow up with that discussion because having to tell XXXX she would not survive her ordeal was acknowledging defeat. She had not been given the XXXX XXXX at that time and there was so much hope and yearning for a positive outcome especially with the advances in XXXX treatment. Of course XXXX XXXX never sent me any information with which to follow up either and Im sure those recorded conversations are still available to Key Bank.