Details, Details
Applications with only checkboxes selected and no narrative text are an example of this.
What are conclusory allegations?
When you are writing a letter your margin format should be this.
What is justified?
This is where the elements that need to be alleged are found.
What is Memo 1?
Questions that MUST be answered in narrative text for a misrepresentation claim to be considered.
What are: who, what, how?
[(a) specifically what the school said, (b) who told the borrower the information, and (c) how the information was provided.]
When writing a letter, this is what you will use to recite allegations from a borrower’s application.
What is direct quote?
This is where the reasonableness standard is explained.
What is Memo 3?
Questions that generally have to be answered for an application to be sufficient detailed.
What are:
When and where were you told this information?
How was this information deceptive or misleading and how did you determine the information was deceptive or misleading?
These are two places – aside from the PDF application – that you should check for additional allegation text when writing a decision letter.
What are web comments and Salesforce allegations?
These are the two types of corroborating evidence that should be considered in a credibility determination.
What are (1) borrower attachments to the application and (2) other borrower applications?
The sufficient detail analysis is focused on this element of a substantial misrepresentation claim.
What is misrepresentation?
These are two things you need to do if a borrower’s application includes attachments.
What is describe the attachments in the letter (in the fact section) and write attachments in the header?
These are the factors in a credibility analysis of a borrower's application.
What are (1) level of detail, (2) personal knowledge, (3) internal consistency, (4) corroborating evidence?
If the borrower's allegation is otherwise approvable, this checkbox alone is sufficient to establish an element of a substantial misrepresentation claim.
What is the reliance checkbox?
These are two BD bases for claims for which we are not currently writing letters.
What are breach of contract and judgment?
These are the factors in the reasonableness analysis aside from the enumerated factors in 34 C.F.R. § 685.222(a)(2).
What is (1) specificity, (2) intended audience, and (3) speaker?