Taken from The Student Guide of the U.S. Department of Education
Your Rights & Responsibilities
When you take out a student loan,
you have certain responsibilities. Here are a few of them: When you sign
a promissory note,* you’re
agreeing to repay the loan according to the terms of the note. The note
is a binding legal document and states that, except in cases of discharge
(see page 28), you must repay the loan—even if you don’t
complete your education (unless you were unable to complete your program
of study because the school closed); aren’t able to get a job after
you complete the program; or are dissatisfied with, or don’t receive,
the education you paid for. Think about what this obligation means before
you take out a loan. If you don’t repay your loan on time or according
to the terms in your promissory note,* you may go into default,* which
has very serious consequences.
You must make payments on your loan even if you don’t receive
a bill or repayment notice. Billing statements (or coupon books) are
sent to you as a convenience, but you’re obligated to make payments
even if you don’t receive any notice. If you apply for a deferment
or forbearance, you must continue to make payments until you are notified
that the request has been granted. If you don’t, you may end up
in default.* You should keep a copy of any request form you submit, and
you should document all contacts with the organization that holds your
loan.
You must notify the appropriate representative (school, agency, lender,
or the Direct Loan Servicing Center) that manages your loan when you
graduate, withdraw from school, or drop below half-time* status; change
your name, address, or Social Security Number; or transfer to another
school. If you borrow a Perkins Loan, your loan will be managed by the
school that lends you the money or by an agency that the school assigns
to service the loan. If you borrow a Direct Loan, it will be managed
by the Direct Loan Servicing Center. If you borrow a FFEL Program Loan,
it will be managed by your lender or its servicing agent. During your
loan counseling session, you’ll be given the name of the representative
that manages your loan.
Regardless of the type of loan you borrow, you must receive entrance
counseling before you’re given your first loan disbursement, and
you must receive exit counseling before you leave school. These counseling
sessions will be administered by your school and will provide you with
important information about your loan. Your lender or the Direct Loan
Servicing Center will provide you with additional information about your
loan. If you default* on your loan, your school, the lender or agency
that holds your loan, the state, and the federal government may all take
action to recover the money, including notifying national credit bureaus
of your default. This may affect your credit rating for a long time.
For example, you may find it very difficult to borrow from a bank to
buy a car or a house. In addition, the lender or agency holding your
loan may ask your employer to deduct payments from your paycheck. Also,
you may be liable for expenses incurred in collecting the loan. If you
decide to return to school, you’re not entitled to receive any
more federal student aid. The U.S. Department of Education may ask the
U.S. Internal Revenue Service to withhold your income tax refund, and
the amount of your refund will be applied toward the amount you owe.
Before you leave school, you’ll. receive the following information
about your loan from your school, lender, and/or the Direct Loan Servicing
Center:
- the amount of your total debt (principal and estimated interest),
what your interest rate is, and the total
- interest charges on your loan
- if you have FFEL Program Loans, the name of the lender or agency
that holds your loan, where to send your payments, and where
to write or call
if you have questions.
- if you have Direct Loans, the address and telephone number of
your Direct Loan Servicing Center.
- the fees you might be charged during the repayment period,
such as late charges and collection or litigation
- costs if you’re delinquent or in default.*
- an explanation of available options for consolidating or
refinancing your loan.
- a statement that you can prepay your loan without penalty
at any time.
If you borrow a Federal Perkins Loan, the previous information will
be provided to you by your school. If you borrow a Direct Loan or a FFEL
Program Loan, this information will be provided to you by the Direct
Loan Servicing Center or your lender, as appropriate.
If you have Direct or FFEL Stafford loans, your school will also provide
you with the following information during your exit counseling session:
- a current description of your loans, including average monthly anticipated
payments.
- a description of applicable deferment, forbearance, and discharge
provisions.
- repayment options.
- advice about debt management that will help you in making your payments.
- notification that you must provide your expected permanent address,
the name and address of your expected employer, and any corrections
to your
school’s records concerning your name, Social Security Number,
references, and driver’s license number (if you have one).
You have certain rights as a borrower. Listed below are some of them.
Before your school makes your first loan disbursement, you’ll receive
the following information about your loan from your school, lender, and/or
the Direct Loan Servicing Center:
- the full amount of the loan.
- the interest rate.
- when you must start repaying the loan.
- a complete list of any charges you must pay (loan fees) and information
on how those charges are collected.
- the yearly and total amounts you can borrow.
- the maximum repayment periods and the minimum repayment amount.
- an explanation of default* and its consequences.
- an explanation of available options for consolidating or
refinancing your loan.
- a statement that you can prepay your loan at any
time without penalty.
Your school must notify you (or your parents for a PLUS Loan) in writing
whenever it credits your account with Stafford Loan, PLUS, or Perkins
Loan funds. This notification must be sent no earlier than 30 days
before, and no later than 30 days after the school credits your account.
You
(or your parents for a PLUS Loan) may cancel all or a portion of
the loan by informing your school within 14 days after the date that
your
school sends this notice, or by the first day of the payment period,
whichever is later. Your school can tell you the first day of your
payment period. If you or your parents receive loan funds directly
by check,
the funds may be refused by not endorsing the check.
You have the right to a grace period before your repayment period begins.
(Your parents do not receive a grace period for a PLUS Loan.) Your grace
period begins when you leave school or drop below half-time* status.
The exact length of your grace period is shown on your promissory note.*
During exit counseling, your school, lender, and/or the Direct Loan
Servicing Center as appropriate must give you a loan repayment schedule
that states when your first payment is due, the number and frequency
of payments, and the amount of each payment.
You must be given a summary of deferment and discharge (cancellation)
provisions, including the conditions under which the U.S. Department
of Defense may repay your loan.
If you or your parents borrow a FFEL Program Loan, you (or your parents
for a PLUS Loan) must be notified when the loan is sold if the sale results
in making payments to a new lender or agency. Both the old and new lender
or agency must notify the borrower of the sale; the identity of the new
lender or agency holding the loan; the address to which the borrower
must make payments; and the telephone numbers of both the old and new
lender or agency.
|
Loan Deferment Summary
|
| Deferment Condition |
Direct Loans1,2 |
FFEL Program Loans1,3 |
Perkins4 |
| At least half-time study at a post-secondary school |
YES |
YES |
YES |
| Study in an approved graduate fellowship program or in an approved
rehabilitation training program for the disabled |
YES |
YES |
YES |
| Unable to find full-time employment |
Up to 3 Years |
Up to 3 Years |
Up to 3 Years |
| Economic hardship |
Up to 3 Years |
Up to 3 Years |
Up to 3 Years |
| Engaged in service listed under discharge/cancellation conditions
(see page 28) |
NO5 |
NO5 |
YES |
- For PLUS Loans and unsubsidized student loans, only principal
is deferred. Interest continues to accrue.
- Direct Loan borrowers who have outstanding balances on FFEL Loans
disbursed prior to July 1993 will be eligible for additional deferments.
- Applies to loans first disbursed on or after July 1, 1993 to
borrowers who have no outstanding FFEL Program Loan, Federal
SLS loan or consolidation
loan on the date they signed their promissory note. (Note that
the SLS Program was repealed beginning with the 1994-95 award
year.)
- Applies to loans first disbursed on or after July 1, 1993.
- Many Peace Corp and VISTA Volunteers will qualify for a deferment
based on economic hardship.
NOTE: You must formally request a deferment through the procedures
established by the holder of your loan, and you must continue
making payments until
you're notified that the deferment has been granted.
|
Discharge/Cancellation Summary
|
| Cancellation Condition |
Direct Loans |
FFEL Program Loans |
Perkins |
| Borrower's total and permanent disability or death |
100%1 |
100%1 |
100% |
| Full-time teacher in a designated elementary or secondary school
serving students from low-income families |
NO |
NO3 |
Up to 100%2 |
| Full-time special education teacher (includes teaching
children with disabilities in a public or other nonprofit elementary
or secondary school) |
NO |
NO |
Up to 100%3 |
| Full-time qualified professional provider of early
intervention services for the disabled |
NO |
NO |
Up to 100%4,2 |
| Full-time teacher of math, science, foreign languages, bilingual
education, or in other fields designated as teacher shortage areas |
NO3 |
NO3 |
Up to 100%4,2 |
| Full-time employee of a public or non-profit child- or famliy-service
agency providing services to high-risk children and their families
from low-income communities |
NO |
NO |
Up to 100%4,2 |
| Full-time nurse or medical techinician |
NO |
NO3 |
Up to 100%4,2 |
| For loans made on or after November 29, 1990, service as a full-time
law enforcement or corrections officer |
NO |
NO |
Up to 100%3 |
| Full-time service as a staff member in the educational component
of a Head Start Program |
NO |
NO |
Up to 100%2 |
| Service as a Vista or Peace Corps Volunteer |
NO3 |
NO3 |
Up to 70%2 |
| Service in the Armed Forces |
NO |
NO |
Up to 50% in areas of hostilities
or imminent danger2 |
| Bankruptcy |
In some cases5 |
In some cases5 |
In some cases5 |
| Closed school (before student could complete program of study)
or false loan certification8 |
100%8 |
100%8 |
NO |
- Includes death but not disability of the student for whom the
parents borrowed. This additional provision applies to any such student
who
dies on or after July 23, 1992.
- Service qualifies for deferment also.
- No funding available for this benefit at this time. Does not
apply to PLUS Loans.
- This benefit applies to Perkins Loans made on or after July
23, 1992.
- Seven years must have passed between the date the loan
became due and the date the borrower files for bankruptcy
(not counting
deferment
or forbearance periods). If seven years have not passed,
cancellation is possible only if the bankruptcy court rules that
repayment
would cause undue hardship.
- For loans received on or after January 1, 1993.
- Service qualifies for deferment also for loans made on
or after July 1, 1993.
- School falsely certified student's ability
to benefit from the school's training or there
is an unauthorized
signature on the student's loan
documentation.