Exhibit 99.3
INDEPENDENT ACCOUNTANT’S REPORT
The Bank of New York
Corporate Trust Division
10161 Centurion Parkway
Jacksonville, FL 32256
Collegiate Funding Master Servicing, L.L.C.
10304 Spotsylvania Ave, Suite 100
Fredericksburg, VA 22408
Board of Directors
CFS-SunTech Servicing LLC
6510 Old Canton Road
Ridgeland, Mississippi 39157
We have examined management’s assertions, included in its representation letter dated January 20, 2006, that CFS-SunTech Servicing LLC complied with the assertions in the accompanying supplement to this report relative to CFS-SunTech Servicing LLC’s administration of the Federal Family Education Loan Program on behalf of its lender clients in the attached supplement during the year ended December 31, 2005 and about the effectiveness of CFS-SunTech Servicing LLC’s internal control over compliance with the aforementioned compliance requirements as of December 31, 2005. As discussed in that representation letter, management is responsible for CFS-SunTech Servicing LLC’s compliance with—and the effectiveness of CFS-SunTech Servicing LLC’s internal control over compliance with—those requirements. Our responsibility is to express an opinion on management’s assertions about CFS-SunTech Servicing LLC’s compliance with—and the effectiveness of CFS-SunTech Servicing LLC’s internal control over compliance with—the specified compliance requirements based on our examination.
Our examination was made in accordance withGovernment Auditing Standards, issued by the Comptroller General of the United States; standards established by the American Institute of Certified Public Accountants; and the 1996 Audit Guide,Compliance Audits for Lenders and Lender Servicers Participating in the Federal Family Education Loan (FFEL) Program(the
Guide), issued by the U.S. Department of Education, Office of Inspector General; and, accordingly, included obtaining an understanding of the internal control over compliance with the specified compliance requirements; testing and evaluating the design and operating effectiveness of internal control over compliance; examining, on a test basis, evidence about CFS-SunTech Servicing LLC’s compliance with those requirements; and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on CFS-SunTech Servicing LLC’s compliance with specified requirements.
Because of inherent limitations in any internal control structure, errors or irregularities may occur and not be detected. Also projections of any evaluation of the internal control over compliance with the specified requirements to future periods are subject to the risk that internal control over compliance may become inadequate because of changes in conditions, or that the degree of compliance with control policies or procedures may deteriorate.
In our opinion, management’s assertions that CFS-SunTech Servicing LLC complied with the aforementioned requirements for the year ended December 31, 2005 and that CFS-SunTech Servicing LLC maintained an effective internal control over compliance with the aforementioned compliance requirements as of December 31, 2005 are fairly stated, in all material respects.
This report is intended solely for the information of the audit committee, management, and the U.S. Department of Education. However, this report is a matter of public record and its distribution is not limited.
/s/ Horne LLP |
| Jackson, Mississippi |
| January 20, 2006 |
SUPPLEMENT
MANAGEMENT ASSERTIONS
| 1). | ED FORM 799 |
The loan information (loan types, interest rate, beginning and ending principal loan balances, and loan status (past due, in grace, in deferment) reported in Parts II, III, IV, V, and VI of either the ED Form 799s prepared by CFS-SunTech Servicing LLC and submitted to ED on behalf of our lender clients or the billing information prepared by CFS-SunTech Servicing LLC and submitted to our lender clients during the year ended December 31, 2005 agrees with CFS-SunTech Servicing LLC’s accounting summary records and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements that such information be in agreement.
| 2). | INDIVIDUAL RECORD REVIEW |
CFS-SunTech Servicing LLC supported loans reported in either the ED Form 799s prepared by CFS-SunTech Servicing LLC and submitted to ED on behalf of our lender clients or the billing information prepared by CFS-SunTech Servicing LLC and submitted to our lender clients during the year ended December 31, 2005 with—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance requirements for supporting loans with—loan records that include all applicable documents listed in Section II, Compliance Requirement 2, of the Audit Guide that our lender clients have contracted with CFS-SunTech Servicing LLC to store.
| 3). | LOAN ORIGINATION FEES |
During the year ended December 31, 2005, CFS-SunTech Servicing LLC completely reported, classified and computed, in accordance with ED Form 799 instructions—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with ED Form 799 instructions for classifying and computing—the loan origination information reported in Part II in either the ED Form 799s prepared by CFS-SunTech Servicing LLC and submitted to ED on behalf of our lender clients or the billing information prepared by CFS-SunTech Servicing LLC and submitted to our lender clients. During the year ended December 31, 2005, CFS-SunTech Servicing LLC notified our lender clients to pay ED—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective control over compliance with requirements for payment to ED of— origination fees in excess of interest and special allowance.
SUPPLEMENT - CONTINUED
MANAGEMENT ASSERTIONS - CONTINUED
| 4). | INTEREST BENEFITS |
Loans included in Part III of either the ED Form 799s prepared by CFS-SunTech Servicing LLC and submitted to ED on behalf of our lender clients or the billing information prepared by CFS-SunTech Servicing LLC and submitted to our lender clients during the year ended December 31, 2005 were—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements that loans are—(1) in a status eligible for interest benefits, (2) assigned the correct interest rate in accordance with Section 427A(a)-(i) of the HEA, as amended, and (3) classified in the correct interest rate category in accordance with ED Form 799 instructions. Ending principal amounts, average daily balances, and interest amounts were calculated in accordance with—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal controls over compliance with requirements for calculation in accordance with—the ED Form 799 instructions.
| 5). | SPECIAL ALLOWANCE PAYMENTS |
Loans included in Part IV of either the ED Form 799s prepared by CFS-SunTech Servicing LLC and submitted to ED on behalf of our lender clients or the billing information prepared by CFS-SunTech Servicing LLC and submitted to our lender clients during the year ended December 31, 2005 were—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements that loans are—(1) in a status eligible for special allowance and (2) properly categorized on the ED Form 799 in accordance with the ED Form 799 instructions. Ending principal balances, average daily balances, and adjustments for differences in average daily balances were calculated in accordance with—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal controls over compliance with requirements for calculation in accordance with— the ED Form 799 instructions.
SUPPLEMENT - CONTINUED
MANAGEMENT ASSERTIONS - CONTINUED
| 6). | LOAN PORTFOLIO ANALYSIS |
In Parts V and VI of the ED Form 799s prepared by CFS-SunTech Servicing LLC and submitted to ED on behalf of our lender clients or the billing information prepared by CFS-SunTech Servicing LLC and submitted to our lender clients during the year ended December 31, 2005, CFS-SunTech Servicing LLC properly classified and accurately reported—and, as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements to properly classify and report—loan principal balances in accordance with the ED Form 799 instructions and included all outstanding loans (except those for which the guaranty was voided are not included in Part VI).
| 7). | LOAN SALES AND PURCHASES |
Loan purchases and sales made on behalf of our lender clients during the year ended December 31, 2005, were recorded by CFS-SunTech Servicing LLC in accordance with—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance for recording loan purchases/sales in accordance with—the purchase/sales agreements with respect to the start/end date of eligibility for interest, special allowance and responsibility for payment of loan origination fees. During the year ended December 31, 2005, CFS-SunTech Servicing LLC paid ED—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements for payment to ED of—loan origination fees for which we were responsible for paying on behalf of our lender clients in accordance with the agreements. During the year ended December 31, 2005, CFS-SunTech Servicing LLC recorded completely and accurately in the servicer’s loan servicing systems—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements to record completely and accurately in the servicer’s loan servicing systems—all applicable ED Form 799 loan data for loans transferred, including beginning balances.
SUPPLEMENT - CONTINUED
MANAGEMENT ASSERTIONS - CONTINUED
| 8). | STUDENT STATUS CHANGES |
Upon receipt of Student Status Confirmation Reports or other notification of change information for loans serviced during the year ended December 31, 2005, CFS-SunTech Servicing LLC accurately updated—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements to accurately update—loan records for changes to student status, including conversion to payment status in accordance with 34 CFR 682.401 (b)(20) and 34 CFR 682.209, respectively.
| 9). | PAYMENT PROCESSING |
For loans serviced during the year ended December 31, 2005, CFS-SunTech Servicing LLC: (a) calculated—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements to calculate—interest and principal in accordance with 34 CFR 682.304 and (b) applied—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements to apply—(i) loan payments effective with the day of receipt and (ii) prepayments in accordance with 34 CFR 682.209(b) or the documented specific request of the borrower.
| 10). | DUE DILIGENCE BY LENDERS OR SERVICERS IN THE COLLECTION OF DELINQUENT LOANS |
For loans serviced during the year ended December 31, 2005, CFS-SunTech Servicing LLC complied with—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with—the due diligence requirements for collection of delinquent loans, including the requirements for skip-tracing or preclaims assistance set forth in 34 CFR 682.411 (c)-(m).
SUPPLEMENT - CONTINUED
MANAGEMENT ASSERTIONS - CONTINUED
| 11). | DUE DILIGENCE - TIMELY CLAIM FILINGS BY LENDERS OR SERVICERS |
For loans serviced during the year ended December 31, 2005, CFS-SunTech Servicing LLC complied with—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with—deadlines for timely filing of claims with the guaranty agency concerning death, disability, false certification, closed schools, or bankruptcy contained in 34 CFR 682.402(b), (c), (d), (e) and (f) and for default claims contained in 34 CFR 682.406(a)(5). For loans serviced during the year ended December 31, 2005, CFS-SunTech Servicing LLC accurately categorized—and as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements for accurately categorizing— amounts pertaining to claims in the ED Form 799.
| 12). | CURES |
There was one loan with timely-filing violations or due-diligence violations that was properly cured during the year ended December 31, 2005. For loans on which a cure was required but that were not cured during the year ended December 31, 2005, CFS-SunTech Servicing LLC properly categorized—and, as of December 31, 2005, CFS-SunTech Servicing LLC had effective internal control over compliance with requirements to properly categorize—the loans in the ED Form 799 prepared and submitted to ED on behalf of our lender clients or the billing information prepared by CFS-SunTech Servicing LLC, and submitted to our lender clients.
CFS-SUNTECH SERVICING LLC
Comments on Prior Year’s Audit Resolution Matters Relating to the FFELP Program
Year Ended December 31, 2005
No matters were reported in the previous year.
CFS-SUNTECH SERVICING LLC
Schedule of Findings and Questioned Amounts by Compliance Requirement
Year Ended December 31, 2005
Student Status Changes
Statement of Condition
Loan records were not promptly and accurately updated for changes to student status.
Criteria
Upon receipt of Student Status Confirmation Reports or other notification of change information for loans serviced, loan records must be accurately updated for changes to student status, including conversion to repayment status in accordance with 34 CFR 682.401 (b) (20) and 34 CFR 682.209.
Effect
Failure to timely update a borrower status could result in a late conversion to repayment and loss of loan guarantee. The population of Lender IDs from which the sample was selected would include all Lenders that have had or should have had student status changes. The number of units and dollar value of the population was not readily available from CFS SunTech Servicing LLC. Sample size and items were judgmentally selected. A separate sample of 23 borrowers was utilized to ensure that loan records are accurately updated for student status changes. We found 1 instance of noncompliance: 1 repayment status change was not processed during the quarter ending March 2005. The Lender IDs and principal balances for this instance of noncompliance are as follows:
Lender ID | Principal | ||
831387 | $ | 1,109 | |
The affected account has already been cured and is reinsured.
Cause
The loan processor failed to update certain fields on the servicing system.
Recommendation
We recommend management evaluate their process for performing Student Status Change reviews including the migration to electronic updates to mitigate the risk of human error. We recommend that management formalize the process of reviewing Student Status Change transactions and communicate review through employee training.
