Can I Refinance My Student Loans
The facts however did not support this attack. By 1977 only .3% of student loans had been discharged in bankruptcy. 6. Still the walls continued to close on student debtors. Up until 1984 only private student loans made by a nonprofit institution of higher education were excepted from discharge. 7. Next with the enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984 private loans from all nonprofit lenders were excepted from discharge. In 1990 the period of repayment before a discharge could be received was lengthened to 7 years. 8. In 1991 the Emergency Unemployment Compensation Act of 1991 allowed the federal government to garnish up to 10% of disposable pay of defaulted borrowers. 9. In 1993 the Higher Education Amendments of 1992 added income contingent repayment which required payments of 20% of discretionary income to be paid towards Direct Loans.
Any accrued unpaid interest will be added to the student loan principal and capitalized when the borrower no longer qualifies for income-based repayment. Subsidized Interest and Student Loan Forgiveness For those borrowers who hold subsidized student loans or a federal consolidation loan that included subsidized Stafford loans or Perkins loans the government will cover any unpaid interest on those subsidized loans (or on that portion of a student loan consolidation thats comprised of subsidized loans) for the first three years that a borrower is in income-based repayment. The longest that a borrower can remain on the income-based repayment plan is 25 years. After 25 years of income-based payments the government will forgive any remaining principal and unpaid interest - although borrowers should note that under current tax law this forgiven student loan debt would be taxable.
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Without any special dispensations from the lender private student loans will generally remain in repayment until the note is satisfied or charged off as a default no matter how long the repayment process takes. The Legal Implications of Co-Signing on Student Loans A loan co-signer has all the same legal responsibilities as the primary loan borrower and has a legal obligation to repay the loan debt under the same terms as the primary borrower. The co-signer is really a co-borrower and is equally responsible for repaying the co-signed loans. Unfortunately too many co-borrowers realize this truth very late in the game. If youve co-signed on someones loans and your primary borrower makes all of her or his payments on the loan on time and as planned you may never hear from the lender.
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.