Student Loan Fund of Idaho, Inc. v. DesFosses

71 P.3d 454, 138 Idaho 855, 2003 Ida. LEXIS 84
CourtIdaho Supreme Court
DecidedMay 23, 2003
Docket28427
StatusPublished
Cited by1 cases

This text of 71 P.3d 454 (Student Loan Fund of Idaho, Inc. v. DesFosses) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Student Loan Fund of Idaho, Inc. v. DesFosses, 71 P.3d 454, 138 Idaho 855, 2003 Ida. LEXIS 84 (Idaho 2003).

Opinion

WALTERS, Justice.

Paul DesFosses applied for and was granted a deferment regarding repayment of his student loan obligations, but shortly thereafter he defaulted on the loans. Student Loan Fund of Idaho (SLFI) paid the lender and as assignee on the notes brought suit against DesFosses to recover the loan amounts, plus interest and costs. SLFI was awarded judgment after a trial to the court. Because we conclude that there was substantial, competent evidence for the magistrate to award judgment in favor of SLFI, we affirm the judgment. As to the collection costs award *856 ed by the magistrate, we remand for recalculation in accordance with the pertinent federal statutes and regulations.

FACTUAL AND PROCEDURAL BACKGROUND

During the period from May 1989 to September 1991, Paul DesFosses accepted funds from Key Bank of Idaho and executed four promissory notes totaling approximately $14,000.00. The terms of the promissory notes provided for a repayment date beginning six months after the borrower ceased being at least a half-time student. The terms also provided that certain interest would be capitalized. The loans were guaranteed by SLFI.

DesFosses ceased being at least a halftime student on or about May 15, 1992, and he was thus entitled to a six-month grace period during which interest on the student loans was paid by the government. The principal and interest became due and owing in December of 1992.

On April 5, 1993, DesFosses submitted a form supplied by SLFI designated Request for Deferment of Repayment/Unemployment Deferment. As shown on the form, he requested “an unemployment deferment for the period 1/15/93 to 4/15/93,” asserting that he had become unemployed on November 1, 1992, in connection with a knee injury and resultant surgery. On page two of the Request form, DesFosses completed the section seeking a forbearance to cover the past-due period prior to the beginning date of his deferment, indicating as a reason, “I have no job.”

SLFI granted DesFosses an unemployment deferment from February 5, 1993 to April 15, 1993. Based on the date of his Request for Deferment, the deferment could only be carried back sixty days, which resulted in a deferment for a period less than that requested by DesFosses. SLFI, however, did grant DesFosses repayment forbearance from January 15, 1993 through February 4, 1993.

When DesFosses failed to make payments as required by the terms of the notes and was deemed in default, SLFI paid the lender in December of 1993. The notes to the lender were thereafter assigned to SLFI for collection.

SLFI sent a demand letter to DesFosses as a precursor to filing a complaint on the debt evidenced by the notes. SLFI sought judgment against DesFosses for damages in the sum of $22,447.07, plus prejudgment and post-judgment interest, collection costs, and reasonable attorney fees and costs.

After a trial to the court, the magistrate entered findings that DesFosses had failed to pay the loans in accordance with his agreement to pay, concluding that SLFI was entitled to judgment against DesFosses in the amount of $22,447.07, plus interest and attorney fees. The magistrate also found that DesFosses failed to make proper application for cancellation of the loan due to disability and/or unemployment. In its amended findings and conclusions, dated August 23, 2001, the magistrate entered a supplemental finding that DesFosses “did not properly apply for or receive a deferment of interest accruing after April 15, 1993, and it is the court’s conclusion that he is legally obligated to pay such interest.” The judgment was filed on September 5,2001.

DesFosses appealed from the magistrate’s decision. The district court heard arguments on February 11, 2002, and issued its appellate decision affirming the judgment in favor of SLFI, with the exception of the collection costs. The district court reversed and remanded the issue of the collection costs for a revised calculation pursuant to the applicable federal statutes and regulations. DesFosses then appealed from the decision of the district court.

STANDARD OF REVIEW

When reviewing a case decided in the magistrate division that has been appealed to the district court, the Supreme Court reviews the magistrate’s decision independently of, but with due regard for, the district court’s intermediate appellate decision. Post Falls Trailer Park v. Fredekind, 131 Idaho 634, 962 P.2d 1018 (1998). The Supreme Court will uphold the magistrate’s findings of fact if supported by substantial *857 and competent evidence. Howard v. Cornell, 134 Idaho 403, 3 P.3d 528 (2000); Henderson v. Smith, 128 Idaho 444, 915 P.2d 6 (1996); I.R.C.P. 52(a). Issues of law are freely reviewed. Henderson, supra. When a trial court’s findings of fact are challenged on appeal, the appellant has the burden of showing error, and the reviewing court will review the evidence in a light most favorable to the respondent. Muniz v. Schrader, 115 Idaho 497, 767 P.2d 1272 (Ct.App.1989).

DISCUSSION

Preliminarily, the authority of the SLFI to sue DesFosses on the underlying notes to the original lender, Key Bank, is not in question. Pursuant to a guarantee agreement, SLFI paid a default claim to Key Bank in December of 1993 after DesFosses failed to make the required loan payments. Under 34 C.F.R. § 682.209(3)(i)(B), the payments were scheduled for repayment beginning on January 15, 1993, or six months after DesFosses ceased to be at least a half-time student. 1 SLFI sought to recover from DesFosses in an action on the underlying promissory notes, as assignee of the notes from Key Bank.

In its complaint, SLFI claimed that Des-Fosses was indebted to it in the sum of $22,447.07, consisting of principal and interest, which included adjustment for payments made and all applicable credits as of February 14, 2001. SLFI did not seek payment of the interest that accrued during the term of the unemployment deferment from February 4, 1993 to April 15, 1993; however, interest that accrued during the period of forbearance from January 14, 1993 to February 4, 1993, was added into the principal amount owing.

I.

DesFosses first argues on appeal that he had fully established his eligibility for a disability deferment and that he had substantiated for the benefit of SLFI the multiple injuries, surgeries, and treatment that rendered him unable to work for at least 108 months between April 1993 and the July 5, 2001, trial date. He asserts that he kept SLFI informed of his continuing disability after April 15, 1993, and that he should not be denied a disability deferment to which he was clearly entitled but for which he was never instructed by SLFI to make application.

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Bluebook (online)
71 P.3d 454, 138 Idaho 855, 2003 Ida. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/student-loan-fund-of-idaho-inc-v-desfosses-idaho-2003.