Friday, May 11, 2007

SEIU Report on Nova Student Loan Program Sparks Concern and Underscores Need for Transparency

MIAMI--(BUSINESS WIRE)--A report released today by SEIU unveiled concerns with Nova Southeastern
University’s loan practices that involve
potential conflicts of interest, including many of the same concerns
currently being investigated by the New York Attorney General at other
universities, including a Nova financial aid call center run by a
private lender and additional bureaucracy for students who wish to use
non-preferred lenders.


CONCERNS:



Nova law school dean Joseph D. Harbaugh sits on the board of directors
of Access Group, one of the school’s
preferred lenders. A 2001 report by Harbaugh discussed how he brought
in the Access Group as a consultant for law students to discuss
budgeting and debt, with the goal of keeping student debt down.


As identified in the Miami Herald, Sallie Mae runs a Nova student loan
call center. Sallie Mae also appears to run Nova’s
graduate student loan website. Although the webpage has the NSU logo
and Office of Student Financial Assistance web banner at the top of
the page, the site is run through the Sallie Mae “e-fao.com”
site and says “powered by Sallie Mae”
in the lower right corner.


Students who wish to use a lender other than one on the preferred list
must complete additional paperwork. Nova’s
Guide to Student Financial Aid cautions students that choosing a
lender not listed on Nova’s preferred list
may result in a longer processing time.


Carl Buck, the Vice President of Peterson’s,
a subsidiary of Nelnet, presented a free seminar to Nova students on “The
Secrets of Financial Aid” in Fall 2006.



Nova should take this opportunity to be more transparent in how it
structures its student loans. The Florida state Attorney General has
started an investigation of Florida state schools and is calling on
universities across the state to sign an agreement to manage loans
without conflicts of interest.


A report released today unveiled concerns with Nova Southeastern
University’s loan practices that involve
potential conflicts of interest. SEIU researchers uncovered the
worrisome report on Nova’s student loan
practices as part of the growing concern over Nova’s
commitment to the community, as more than 100 low-wage service workers
were turned away from their jobs after forming a union.


New York Attorney General Andrew Cuomo started investigations into the
relationship between colleges and lenders nation-wide, revealing that
preferred lender lists can increase costs for students.

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Thursday, May 10, 2007

Japan's Bank Lending Slows as Companies Shun Debt (Update5)

Japan's lending growth slowed for a
third month as cash-rich companies ignored the lowest borrowing
costs among major economies and used their own funds to invest.

Loans excluding trusts rose 1 percent in April from a year
earlier, the Bank of Japan said in Tokyo today, slowing from 1.1
percent in March. Lending adjusted for currency fluctuations, bad
loan write-offs and securitizations climbed 1.9 percent.

Lending has risen less than 2 percent in each of the past nine
months as companies including Toyota Motor Corp. and Canon Inc.
shun the use of debt for expansion, instead using money generated
by the longest stretch of profit growth in 36 years. Borrowing is
unlikely to accelerate in coming months, said Takuji Aida.

``Companies have ample cash and that reduces their need to
borrow from banks,'' said Aida, chief economist at Barclays Capital
in Tokyo. ``The extra liquidity is more a reflection of strong
business activity.''

The yen traded at 120.21 per dollar at 5:11 p.m. in Tokyo
compared with 120.17 before the report was published. Bank lending
including trusts climbed 1 percent in April, the same pace as the
previous month, the central bank said.

Japan's banks began to increase lending in February 2006,
having disposed of bad debts accumulated after the bubble economy
burst 16 years ago. Growth in borrowing has slowed since peaking at
2.2 percent last July, the same month the Bank of Japan ended its
five-year policy of keeping interest rates near zero percent.

BOJ's Fukui

Loans excluding trusts were 388 trillion yen ($3.2 trillion)
in April, down from the record 537 trillion yen in March 1996.

The bank doubled the key overnight lending rate to 0.5 percent
in February. Governor Toshihiko Fukui's policy board will keep
borrowing costs on hold at its next meeting on May 16-17, according
to all 29 economists surveyed by Bloomberg News.

Interest rates are ``very low'' given the economy's strength
and failing to increase borrowing costs could cause overinvestment,
Fukui said in a speech to business leaders in Tokyo today.

Fujio Mitarai, chairman of the Japan Business Federation, said
he's ``not uncomfortable'' with the country's interest-rate levels.
``There's no great demand for financing'' among Japan's companies,
Mitarai, who is also chairman of Canon, said on May 7.

Canon, the world's largest maker of digital cameras, posted a
record profit last quarter. Toyota, the world's largest automaker
by market value, said yesterday that profit rose 8.9 percent in the
three months ended March 31.

Largest Banks

Growth in lending last month was dragged down by the country's
largest banks, while loans offered by regional banks accelerated.

Lending by Japan's 10 mega banks contracted 0.3 percent in
April from a year earlier, after rising 0.1 percent in March, the
report showed. Regional banks' loans climbed 2.4 percent, faster
than the 2.2 percent growth the previous month.

``Growth in loans has been driven by regional banks lending to
consumers and mid-sized companies,'' Takamasa Hisada, the Bank of
Japan's deputy director of bank surveillance.

An index of demand for loans from companies fell to 9 in April,
the lowest in more than a year, from 14 in January while that of
consumers rose to 13 from 7 in the same period, the Bank of Japan
said in a quarterly report last month.

Lack of loan demand is forcing banks to keep their borrowing
rates low, reducing interest income, said Tomoko Fujii, a senior
economist and strategist at Bank of America N.A. in Tokyo.

Sumitomo Mitsui Financial Group Inc., Japan's third-biggest
bank by assets, said last month full-year profit fell 36 percent,
worse than its forecast.

Other economists have a different view on the stalled growth
in loans.

`Sick of Borrowing'

``Companies are so sick of borrowing,'' said Richard Koo,
chief economist at Nomura Research Institute Ltd. They're slowly
regaining confidence to borrow after repaying debt amid a decade of
economic stagnation. ``This may take a while,'' Koo said.

The collapse of the bubble in the early 1990s triggered a
slump in stock and land prices, leaving companies laden with debt
and smothering demand for loans. Banks, which had secured loans
with land, became reluctant to extend credit, plunging the economy
into more than seven years of deflation.

Interest-bearing liabilities held by Japanese companies have
fallen to about 80 percent of gross domestic product, the lowest
since 1970, from more than 125 percent of GDP in the mid-1990s,
according to Merrill Lynch & Co.

Japan's money supply, or M2 plus notes in circulation, rose
1.1 percent in April, the central bank said in a separate report.
Broad liquidity, which includes bonds and investment trusts, gained
2.6 percent.

Savers, taking advantage of higher interest rates, have been
shifting money from current accounts to time deposits since the
central bank increased borrowing costs in July. Time deposits grew
3.7 percent in April and funds in current accounts dropped 1.3
percent, the bank said today.

``We expect a continuing shift from current accounts to time
deposits, as the impact of the additional rate hike in February
works through the economy,'' said Chiwoong Lee, research assistant
at Goldman Sachs Japan Ltd.

To contact the reporters on this story
Toru Fujioka in Tokyo at

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Friday, May 04, 2007

Lawmakers weigh mortgage reforms






3 Photos












Willie Ricks fell behind three months on his mortgage payments while on strike last fall at the Goodyear Tire & Rubber Co.

He and his wife ended up owing their bank $8,001, including late fees and other charges. When the Fayetteville couple mailed payments to stave off foreclosure, their bank routed the money to a “suspense” account instead of applying it to their balance.




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“All of a sudden, bam! I guess they heard the plant was on strike and this is the time to take someone’s house away from them,” Ricks said after a foreclosure hearing in December.

As foreclosures skyrocket across the state, lawmakers are considering new regulations meant to help families like the Ricks avoid losing their homes.

The details of one bill — the first in North Carolina to comprehensively address what are called servicing fees — are being hashed out this week.

Consumer advocates say new breeds of fees by lenders and servicing companies make it difficult to catch up on delinquent mortgages, contributing to the onslaught of foreclosures. The legislation, introduced as Senate Bill 1264, clarifies the types of fees that would be allowed and requires lenders to apply payments immediately.

Ricks eventually crossed the picket line and pulled from his savings to save his home off Hoke Loop Road. Yet many other families aren’t so lucky.

A Fayetteville Observer investigation found as many as 1,100 homes in Cumberland County fell into foreclosure and were sold at courthouse auctions in recent years.

Nearly half of the failed mortgages were on homes bought or refinanced less than four years earlier. As many as a third were within three years, strongly suggesting that buyers either got loans they couldn’t afford or stumbled on adjustable interest rates.

Overall, nearly 5,000 homes in Cumberland County sold at auctions from 2001 through 2005, the analysis found. Such turnover has eroded neighborhood property values, ruined family finances and spawned a frenzy of risky investing that sometimes leads to more homes lost.

Another bill pending in the General Assembly could help track unscrupulous brokers by requiring all deeds of trust — documents for mortgage loans filed at courthouses — to list the broker’s name and license number.

And mortgage fraud would become a felony under another proposed statute, supported by the state attorney general.

Yet other reforms haven’t made it so far, including added defenses for homeowners when a lender sues to foreclose. Also, the bills don’t tackle questions of how lenders determine if borrowers are capable of paying on loans.
Bill’s prospects

Lawmakers and interest groups are privately debating compromises on the bill regarding servicing fees. As many as 10 groups representing mortgage and banking interests oppose certain provisions, which an industry spokesman described as a “dramatic departure from existing laws in the state.” The lending industry is well-financed and influential in North Carolina.

Al Ripley, of the N.C. Justice Center, is lobbying for the legislation on behalf of the consumer-advocacy group.

“It’s in a state of flux right now,” he said Wednesday. “...The most discussion is focusing on the servicing standards, and what those servicing standards should say.”

Lenders are increasingly using servicing companies to manage their loans. Those companies make money by charging for everything from late payments to “drive-bys” — sending someone to a mortgaged property to ensure that it is kept up.

Sponsors of a House version of the bill include Reps. Rick Glazier and Margaret Dickson, both Democrats from Fayetteville.

“Homeownership is a very good thing — it’s the greatest asset most people will have,” Dickson said. “You don’t want people to lose it. You want them to be responsible about borrowing, but you always want the people lending to be responsible lenders.”

The nationwide crash in the subprime market is giving some traction to the legislation. Critics of subprime loans — typically to borrowers with poor credit — blame them in part for the increase in foreclosures in North Carolina. Foreclosure cases in this state have risen 174 percent since 1998, up to 45,512 by last year.

“I think in every legislative district, there are people losing their homes,” said Chris Kunkle, a lobbyist with the Center for Responsible Lending in Durham.

Cumberland County is a bit of an anomaly. The 1,571 new foreclosure cases filed in 2006 were about 5 percent fewer than in 2005, but overall numbers have held steady since the 1990s. The cases are the first step in foreclosure and don’t always result in an auction.
Multiplying fees

Senate Bill 1264 addresses two recent N.C. Supreme Court decisions that made it difficult to sue over illegal lending. The legislation would unfurl a two-year statute of limitations for suits over certain questionable loans. It would also put out-of-state lenders under the jurisdiction of North Carolina courts.

Glazier said that portion of the bill will likely go through.

What’s less certain are more contentious proposals aimed at fees, which Ripley has supported. He and the lending-industry groups are making progress toward a consensus, he said. They expect to present a revised version of the bill to lawmakers for their consideration next week.

“I think one thing it will do is stop or greatly reduce the abusive servicing we’re seeing on the marketplace right now,” Ripley said of the legislation. “That will better protect homeowners already in loans that are too costly or unaffordable.”

As written, the bill requires lenders and servicers to:

Itemize all the fees they bill to defaulted homeowners, instead of current practices of mailing a notice with a total amount due. Fees include past-due tax, late fees, service fees and “reasonable” attorney costs.
Assess the fees within 30 days of whatever triggered them. In other words, if a homeowner isn’t billed a late fee within 30 days of the late payment, the lender can’t decide later to try to collect the fee.
Better inform homeowners of their options and rights. Notices to delinquent borrowers would explain that they can ask a Superior Court judge to intervene; that skipping out on a foreclosure hearing puts the home at risk of sale; and that they can contest the case.

Hank Cunningham of the Mortgage Bankers Association of the Carolinas said the bill’s original wording would have ended up costing consumers more money. A better idea, he said, would be to clarify disclosures so people better understand the loans before they sign them.

He is the chairman of the association’s legislative committee.

“I think that any change to foreclosure is going to require lenders, consumer groups, etc., to sit down and make a reasonable approach to solving a problem,” Cunningham said. “I think this bill would make it very difficult — if passed just as it’s proposed — and very expensive to service loans in this state.”
Soldier’s home

After Sandra Kilby’s bank declared her mortgage in default, fees and other costs swelled to $6,000, including back payments. Kilby’s home in Hope Mills began its slide to foreclosure in November while her husband was deployed to Iraq. A problem with electronic transfers of his paycheck, and payments to their bank, made the loan delinquent, she said.

Kilby mailed payments, but her bank also failed to apply the money to her balance, she said. A representative at the bank refused to speak with Kilby by phone when she said her husband was away.

“They don’t want to work with us, so we can get the head start,” said Kilby, whose husband had to call the bank from the war zone. “No, they want to be stubborn.”

Under Senate Bill 1264, lenders must immediately apply payments toward principal and interest. Lenders wouldn’t be able to pile on more charges if a homeowner makes a full payment, even if the amount doesn’t cover overdue fees.

In January, the Kilbys cleared up their account and avoided losing their home three days before a scheduled auction.
Adjustable interest

An estimated one in five subprime loans issued in 2005 and 2006 will end in foreclosure, according to a study by the Center for Responsible Lending. The reason: many of these loans have adjustable interest rates, said Kunkle, the center’s lobbyist.

Hundreds of billions of dollars in adjustable mortgages in the U.S. will kick in with higher rates in the next couple of years.

North Carolina led the nation in 1999 with a law cracking down on predatory refinancing, in which homeowners “flipped” their mortgages at the expense of tremendous fees.

“(Adjustable interest) is the new wave of flipping,” Kunkle said. “This is the second generation of flipping, putting people in loans that they know two years down the line are going to be unaffordable.”

The center and other advocacy organizations want to require lenders to consider a borrower’s “suitability.” Banks sometimes approve borrowers based on a loan’s initial payments — with low “teaser” interest — instead of the amount when interest fully adjusts in two or three years.

Suitability requirements for underwriting loans are not included in the pending bills.

Ripley, of the Justice Center, said curbing service fees would be a significant step for consumers. Servicing abuses, he said, show up in nearly every loan he discusses with lawyers who take on foreclosure cases for low-income families.

“It’s really just shining sunlight on these fees being charged, and giving borrowers some way to defend themselves.”
Staff writer Matt Leclercq can be reached at leclercq@fayobserver.com or 486-3551.

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Thursday, May 03, 2007

Morgan Stanley Hires Carlos Oyarbide as COO for China (Update3)

Morgan Stanley hired former Credit
Suisse banker Carlos Oyarbide as chief operating officer in
China to help expand in the world's fourth-largest economy.

Oyarbide, 48, will be a managing director, reporting to Wei
Christianson, chief executive officer of China. He will start in
July, Morgan Stanley said in a press release.

Morgan Stanley, the second-biggest securities firm, has
sought to expand in emerging markets to cut its reliance on the
U.S. In China, it won rights to apply to offer yuan-denominated
services and mortgage-backed securities last year when it bought
Nan Tung Bank, based in the southern city of Zhuhai.

Overseas banks are accelerating expansion in the world's
fastest-growing major economy after the nation opened its
banking industry in December. Morgan Stanley has stepped up
hiring since last year after it slipped behind UBS AG and
Goldman Sachs Group Inc. in share sales and takeovers in China.

The firm last week appointed chief economist Stephen Roach
as Asia chairman to lead a drive to arrange more takeovers and
stock sales in the region. In April, it hired Blair Pickerell to
head its investment funds unit in Asia. As head of HSBC Asset
Management (Hong Kong) Ltd., Pickerell had helped set up a China
fund-management venture with Shanxi Trust & Investment Corp.

Recent Hires

In the past two months in China, Morgan Stanley has hired
Guy Cui as managing director from HSBC Holdings Plc, Daniel Qiu
and Jerry Tse from Deutsche Bank AG and James Nien from JPMorgan
Chase & Co.

Oyarbide resigned as head of Credit Suisse's financial
institutions group in Asia excluding Japan last month. Before
joining the Zurich-based bank in 2003, he worked for Morgan
Stanley for 10 years, mostly based in Europe and including an
assignment in Hong Kong from 1999 to 2000. He graduated from the
Wharton school of business in 1983 and held posts with UBS AG
and management consultant firm Mckinsey & Co.

``I am delighted to welcome the return of Carlos, whom I
have known and respected for many years,'' Christianson said in
the release. ``Carlos's diverse experience and strong China
exposure position him well for this important role.''

Former Colleagues

Christianson had been a colleague of Oyarbide at Credit
Suisse and Morgan Stanley. She resigned as chairwoman of Credit
Suisse's investment banking unit in China in 2004, and was hired
by Citigroup Inc. to head the China investment banking team in
September the same year before rejoining Morgan Stanley last
year.

Morgan Stanley ranks second this year in advising on
overseas share sales by Chinese companies, up from 10th in 2006,
according to data compiled by Bloomberg. It ranked eighth in
advising on mergers and acquisitions that involved China last
year, down from third position from 2003 to 2005.

The company, the first overseas bank to buy a stake in a
Chinese securities firm, doesn't have a license to manage a
domestic Chinese offering.

While Morgan Stanley owns 34 percent of China International
Capital Corp., it has no management control. Elaine La Roche was
the last Morgan Stanley-appointed CEO of CICC, stepping down in
June 2000. She said there had been disagreements over management
in a 2005 interview with Bloomberg. Since then, Goldman Sachs
Group Inc. and UBS AG have set up brokerage ventures in China
that are licensed to underwrite stock sales.

The Chinese government last year stopped issuing new
licenses to foreign firms.

``Our partnership with CICC has worked out extremely well
because the Chinese appreciate the value of commitment and of
relationship,'' Christianson said. ``Our goal now is to continue
to help CICC where they require.''

International firms such as Citigroup Inc. and Deutsche
Bank AG have been competing for talent in a market where equity
sales and takeovers in China reached a record $137 billion last
year.

Adding Outlets

Citigroup Chief Executive Charles Prince said in March the
firm will add 14 outlets in China this year and expand
investment banking operations in the country. The bank last
month hired Eugene Qian from Deutsche Bank AG as managing
director of China investment banking.

Morgan Stanley has expanded in Asian markets including
China, India, Korea and Japan. In March, the firm said it would
pay $425 million to buy out its Indian joint venture with JM
Financial Ltd., opting to go it alone in the world's second-
fastest-growing major economy.

The bank also bought a Turkish brokerage as part of its
plan to start offering a range of businesses including trading,
investment banking and real estate, it said in November.

To contact the reporter on this story:
Cathy Chan in Hong Kong at
.

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Tuesday, May 01, 2007

Teen charged with taking credit card from locker room

A Rhinelander teen has been charged with stealing a credit card from the locker room area at the YMCA of the Northwoods.Aaron Richardson, 17, made an initial appearance in Oneida County Circuit Court Friday where he was charged with fraudulent use of a credit card (a misdemeanor punishable by nine months in jail) and felony bail jumping.




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According to a police report attached to the complaint, Richardson was with two other young people at the YMCA when one of them allegedly took the credit card from a locker.The group took the credit card to Wal-Mart and Shopko where they successfully bought clothes and an IPod before one of the stores denied the card.It is unclear if the two people with Richardson are awaiting charges or if they have already been charged in juvenile court.Richardson was charged with bail jumping because he was free on bond in an Iron County case involving burglary and other charges.He is scheduled to be back in Oneida County Circuit Court May 7 for a preliminary hearing.YMCA of the Northwoods Executive Director Steve Courts says the Y advises its members to lock all of their belongings either in their car or in a locker. Locks are available for the lockers, he added, noting that the Y also has mandatory sign-in for all persons in the building.Courts said people tend to think that the YMCA is different from other places and that things like stealing won't happen there, but unfortunately that is not the case.&#8220We tend to have flare-ups a couple of times a year,” Courts said, adding that one theft is too many for his taste.

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