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4) If your primary borrower misses a payment or stops making payments altogether youll be expected to take over the loan payments. You may have legal recourses with regard to the borrower but those are separate from the legal obligations of the loan itself. The lender will be looking to you as a co-signer to make the monthly loan payments until the primary borrower can resume responsibility for making the payments her or himself. Research has revealed that Student loans make up 54 percent of aid for college tuition making them the largest form of loans awarded to students. With the increase in student loans the rate of defaults are on the rise this could be the attributed to the high-unemployment rate or other financial factors.
With the unemployment rate soaring toward 10 percent and the average starting salary for college graduates down 2.2 percent this year student loan borrowers - whose average debt from student loans tops $22000 - are now having an even tougher time affording their student loan payments. The good news? Starting July 1 2009 graduates with federal college loans may be able to qualify for a new government program that can reduce the monthly payments on their student loans based on their income. Income-Based Repayment for Federal Student Loans The income-based repayment program created by Congress in 2007 as part of the College Cost Reduction and Access Act will cap a borrowers monthly student loan payments at a percentage of her or his income when the borrowers income is at least 50 percent higher than the current federal poverty line for the borrowers family size.
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Under this legislation the Department of Education can buy federal college loans from lenders thereby providing these lenders with the liquidity they need to continue funding new parent and student loans. The law specifically targets lenders who in the current credit crunch are unable to find investors in the secondary market willing to purchase their student loan portfolios. Even with this legislation in place however lenders continue to find themselves forced to suspend their student loan programs. As recently as July 28 the Brazos Higher Education Service Corp. the 26th-largest originator of federal student loans in 2007 and the Massachusetts Educational Financing Authority the largest student loan issuer to Massachusetts residents both announced that they would no longer be able to provide either new or current borrowers with student loans.
Some of the benefits and advantages of federal student loans is given below. Unlike other forms of consumer debt student loans receive special protections under current laws ranging from collection to bankruptcy. This special status applies not only to the primary borrower (the student) but also to any co-signer on the loan. Student loans are one of the hardest types of debt to shake. Current U.S. bankruptcy law allows a court to discharge these loans in bankruptcy only in the narrowest circumstances. In fact the legal requirements for discharging education loans are so formidable to meet that most bankruptcy attorneys avoid student loan cases altogether. Since so few loan borrowers qualify for bankruptcy discharge under the law the vast majority of loan debt is carried until the borrower repays the loan or dies -- although some non-federal student loans even survive death passing the debt on to the borrowers co-signer.