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Because... those were the terms the lender agreed to?


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Because it was a loan ?

Because that's literally the job of the lenders.

Because there’s a very substantial system of laws and governance enforcing the terms of the loan.

I was in the room. 4) wasn't a factor.

The loan officers were trying hard to understand how the proffered deal wouldn't kill the borrower's company.

If I ever need a loan that falls into their scope, I'm calling them first.


You'd probably need to read the contract they make folk sign to get a real idea of why. It could be that the contract structures it like a loan.

The lenders knew what he meant to do.

I mean.. they did loan the money, with all the associated responsibilities and risks of loaning money. And they did do the work. All the agreements were entered voluntarily, so what's the fault here?

This is why the terms should have been decided before, rather than after these loans were given.

Changing the terms of the contract without explicit approval from both sides is beyond sketchy. At minimum, it's an unapproved amendment and therefore doesn't apply. At worst, it's a new contact that at least one side didn't agree to and therefore doesn't apply. It looks like people agreed without understanding the details.

In this case, I'd wager by lowering the payments, less loans were "risky" and therefore their assets look better. That probably was for the benefit of repackaging those "assets" and/or better guarantees from the Fed.


Why shouldn't it be legal? The entities that gave the loan knew the risks.

The banks had already signed up for financing. They didn't need another reason to pull out - because of the changes in interest rates since they signed the deal, they stand to lose hundreds of millions over the life of the loan.

Because the borrower had good collateral, and this was good business for the bank. It is what banks are supposed to do.

Bottom line: I think this is not a good case why you need more regulation of banks. It may be a case why you need more regulation of universities.


I am baffled by the idea that this is a binding contract. You agree to a loan without specifying an interest rate -- how is that a done deal??

In response to both the posts here, I don't know. It also could be that the banker was full of it. On the other hand, I could imagine a sort of moral hazard situation where someone could take out a loan, let it go into default, and then offer to buy it back at a massive discount.

If they could find a lender stupid enough to lend to them on those terms, then sure why not?

All the horror stories in this thread make me wonder why these banks were allowed to be (profiting) middlemen in this lending program at all.

What's the lender's incentive to do that? Their goal is to extract as much profit as possible from the borrower (even when we're talking about the government as lender).

That makes no sense. A borrower would have incentive to default on the debt, so they can then purchase it at less than face value, effectively causing them to experience a gain and the lender to experience a loss.

Why would anyone choose to lend under such terms?


The terms and conditions of the debt obligation are known up-front. If the terms of the loan were onerous the borrowers shouldn't have accepted them and declined the loan. Why is poor financial literacy and wishful thinking about future job prospects on borrowers' parts my problem to be left holding the bag for?
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