Student Loan Disbursement
For borrowers who are on the governments income-based repayment plan any outstanding federal college loans can be discharged prior to full repayment if the borrower has made her or his monthly loan payments for 25 years. Borrowers who go to work for the government or the public sector can have their federal college loans forgiven after 10 years. Federal college loans can also be forgiven in the event the borrower dies or becomes permanently disabled. Non-federal private student loans on the other hand arent required to offer any of these payment-deferment or discharge provisions. It is at the lenders discretion whether to offer a struggling borrower deferred or lower monthly loan payments and even whether to discharge the private student loan upon the borrowers death or permanent disability.
These income-based student loan payments will be calculated as 15 percent of the amount by which a borrowers adjusted gross income exceeds 150 percent of the poverty line. (For individuals the 2009 poverty line is $10830 in all states except Alaska and Hawaii. The complete federal poverty guidelines for 2009 are available on the website of the U.S. Department of Health and Human Services.) For example: 150 percent of the current individual poverty line of $10830 is $16245. If a borrowers annual adjusted gross income is $25000 the monthly payments on her or his eligible student loans would be capped at $109.44 - 15 percent of the difference between $25000 and $16245 divided by 12 months. If a borrowers annual adjusted gross income is $40000 the monthly payments on any eligible student loans would be capped at $296.94 ($40000 - $16245 multiplied by 15 percent divided by 12). Income-based monthly payments will be adjusted annually based on a borrowers federal tax return from the previous year.
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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.
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.