MFI-Miami Attorney Julia Kefalinos Gets Student Loan Nullified By Miami Judge
The explosion of online and private colleges has made the student loan industry a lucrative business. Hence, driving student loan debt in the U.S. to $1.5 Trillion. This debt is second only to mortgage debt and is larger than the debt Colombia owes the IMF.
Private colleges have resorted to using sleazy sales tactics in order to make a profit. Private colleges have taken things to such absurd proportions that the show, Last Week Tonight With John Oliver dedicated a segment to it in 2014.
Case Study On How To Get A Student Loan Nullified
Debt collectors want Americans to believe they can’t fight their student loan debt. As a result, debt collectors are using the same type of sleazy propaganda they used to convince homeowners they couldn’t fight a mortgage foreclosure. As much as debt collectors may want to believe what they are saying, lawyers working with MFI-Miami have again debunked their propaganda.
MFI-Miami is finally allowed to the release the details of a student loan case. The case shows debt collectors are vulnerable. Naturally, the student loan industry doesn’t want you to hear about it. It also shows that in many cases, the debt collector lacks standing to collect the debt.
Aneeq Rafiq and Gloria Vazquez decided to attend school at the for-profit Ross University School of Medicine (Ross) in 2006.
Rafiq and Vazquez received a $24,000 loan from Ross in 2006. Ross immediately sold the loan to an Asset-Backed Securities Trust named SLM Private Client Student Loan Trust 2007-A (SLM 2007-A).
SLM 2007-A filed a collection lawsuit in Miami against Rafiq and Vazquez in September 2014. SLM 2007-A was attempting to collect on the outstanding debt of $37,478.93 including unpaid interest.
Rafiq and Vasquez hired Attorney Julia Kafalinos.
Kafalinos successfully argued that SLM 2007-A could not verify the debt that was owed. She also argued SLM 2007-A provided no proof they ever bought the debt from Ross.
Sarah Daley, the attorney representing SLM 2007-A agreed to voluntarily dismiss the case with prejudice in February of 2015.
Sarah Daley returned a less than a month later to serve another lawsuit against Aneeq Rafiq. Daley alleged Rafiq owed $55,524.21 to a different Student Loan Trust. She now alleges Rafiq owes it to SLM Private Client Student Loan Trust 2006-C (SLM 2006-C).
Daley alleged in her complaint that Rafiq received a student loan for $37,000 from AMS, a Sallie Mae owned company in 2005. This loan was also sold on the secondary market. This loan was sold to SLM 2006-C.
Julia Kafalinos again argued the same argument as in Rafiq’s other case. She argued SLM 2006-C lacked standing to collect the debt because SLM 2006-C could not verify the validity of the debt. Julia Kafalinos again argued Daley could not show that SLM 2006-C acquired the debt from AMS.
In October 2015, an order was issued by the court in Miami allowing Rausch, Strum, Israel, Hornik to voluntarily dismiss the case.
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