Joe Wapner, familiar to millions as the first judge on “People’s Court,” wrote a book called “A View From The Bench.” In it, he describes his judicial career before “People’s Court,” which was quite distingusihed and included at least one case that made law and was oft-quoted by law students for years afterward.
One of the stories he tells was about a woman whose house had been purchased by a speculator; she was being evicted and the action ended up in his court. The woman’s property had been auctioned to satisfy deliquent tax liens, and the speculator was in the business of buying distressed properties like that and selling them for a quick profit.
The speculator made his case. He had abided by all the rules - paid his money to the city and received the title to the property legally. The law was on his side.
The woman, a widow, testified that her husband had always handled the financial matters. Shortly after his death, the city had sent a special tax assessment to cover road repairs to the property owners in her area. The husband had used his business address and the city’s notice went there. A second and third notice were also delivered there. The city’s final notice was delivered to the home, and the widow did read it, but was almost immediately thereafter hospitalized for several weeks. When she got out of the hospital, her property had been sold.
The widow testified that she couldn’t understand the notice the city sent. Wapner wrote that when he, a trained lawyer and sitting judge, tried to read the notice, he too had trouble wading through it.
Wapner found that although the speculator was, in a sense, an innocent victim here, the widow was more of an innocent victim. He found that the mishmash of legalese sent to the widow and to wrong addresses did not constitute a meaningful notice of the seizure of her property, and that she was denied her due-process rights.
I tell this long, and not particularly on-point, story to illustrate that things are not always as they seem. I don’t know about the world of student loans, but several firms in my area have come under fire for predatory loan practices, in which they misrepresent the terms of a home loan, or deliberately lend to people that will likely be unable to meet their obligations, and then quickly force a foreclosure through.