Borrower
Rights & Responsibilities for Student Loans
Responsibilities
When you take out a student
loan, you have certain responsibilities. Here are some important
ones:
When you sign a promissory note, you’re agreeing to
repay the loan according to the terms of the note. The note
states that except in cases of loan discharge, you must repay
the loan, even if you don’t complete your education (unless
you could’t for a valid reason: because the school closed,
for example). Also, you still must repay your loan if you can’t
get a job after you complete the program, or you don’t
like, or don’t receive, the education you paid for.
Think about what your repayment 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 might
go into default, which has very serious consequences and will
affect your credit rating.
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 reminders.
You must also make monthly payments in the full amount your
repayment plan has established. Partial payments do not fulfill
your obligation.
If you apply for a deferment
or forbearance, you must continue to make payments until
you’re notified the request has been granted. If you don’t,
you might 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 loan
servicer 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, either the school that lends
you the money will service your loan or an agency the school
employs will.
If you borrow a Direct Loan, the Direct Loan Servicing Center
will service your loan.
If you borrow under the FFEL Program, your lender or its servicing
agent will service your loan. During your loan counseling session,
you’ll be given the name of the loan servicer(s).
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. Your school will provide the counseling and important
information about your loan. Your lender will give you additional
information about your loan.
Rights
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
the date you must start repaying the loan (based on the
anticipated graduation date recorded on the promissory note)
a complete list of any charges you must pay (loan fees)
and information on how those charges are collected
information about the yearly and total amounts you can borrow
information about 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 Loan, 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 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 returning the check.
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 FFELs, the name of the lender or agency that
holds your loans, 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 the Direct Loan Servicing Center
an explanation of 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; and a statement that you can prepay
your loan without penalty at any time.
If you borrow a Federal Perkins Loan, your school will provide
this information to you. If you borrow a Direct Loan or a FFEL,
the Direct Loan Servicing Center or your lender will provide
this information to you, respectively.
If you have Direct or FFEL Stafford Loans, your school will
also provide the following information during exit counseling:
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 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.
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 might repay your loan.
If you or your parents borrow under the FFEL Program, 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
provide this notification and provide 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.