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As the suspensions of both federal and private student loan programs keep spreading through all types of lenders - large and small; for-profit and nonprofit; banks non-banks and credit unions; state loan agencies and schools-as-lenders - students and their families are finding themselves with fewer borrowing options to get the parent and student loans they need to pay the fall tuition bills that are coming due over these next few weeks. Two Major Lenders the Latest Casualties of Student Loan Crisis The Brazos Group a primarily nonprofit group of higher education lending servicing and other financial aid companies first announced that it would stop offering federal ollege loans back in March. In May however after the government passed the Ensuring Continued Access to Student Loans Act Brazos once again began offering federal parent and student loans saying that the governments short-term liquidity plan had renewed the organizations confidence in its ability to continue offering student loans.
If your primary borrower starts missing payments or payment due dates however the lender will contact you. Normally by the time the lender is contacting you the loan youve co-signed is already past due and your credit rating may have already taken a hit. Keep in mind too that any legal remedies a lender has at its disposal for pursuing a loan debt can also be applied to the co-signer. These legal remedies include assignment of the delinquent loan account to a debt collection service and a possible court action. For delinquent federal education loans the government may seek to garnish your wages or seize any income tax refunds you have coming your way. In addition delinquencies or a default on any loans on which youve co-signed will appear on your own credit report with all the same adverse effects as on the primary borrowers credit report.
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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.
13. If the rational for excepting student loans from discharge is that the cost to students to obtain loans would soar this fact would seem to lay waste to that argument. In the wake of the slow march towards saddling our students with unshakable debt the government created a couple of ways to deal with government backed student loans outside of bankruptcy. In 2007 the College Cost Reduction and Access Act of 2007 added income based repayment which allows for a smaller repayment than income contingent repayment 15% of discretionary income and debt forgiveness after 25 years. 14. In 2010 the Health Care and Education Reconciliation Act of 2010 created a new version of income-based repayment cutting the monthly payment to 10% of discretionary income with debt forgiveness after 20 years. 15.