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Special Feature
Repayment, Rehabilitation, and Eligibility After
Loan Default
Submitted by: Allison
Bradley Fleming, EDFUND Communications
Students who defaulted on previous federal loans aren’t necessarily
ineligible for new Stafford loans. By following a clearly defined set of repayment
and rehabilitation steps, students can get themselves back on the right track
and able to borrow money for college. Here are some of the frequently asked
questions we’ve compiled:
Q: When can a student qualify for financial aid after defaulting on a student
loan?
A. A borrower who has defaulted on a student loan may regain eligibility
by resolving the defaulted loan(s) in one of the following ways:
- The defaulted loan is paid in full.
- The defaulted loan is discharged or determined to be dischargeable in
a
bankruptcy action.
- The borrower makes satisfactory repayment arrangements by contacting
the loan holder for each of the loans defaulted, and makes those payments
(as described in the following question). Once the payment arrangements have
been
fulfilled, the borrower may regain eligibility. Note: A borrower may
reestablish loan eligibility only once under these provisions.
- The defaulted loan has been rehabilitated.
-
The defaulted loan has been discharged because the student or parent borrower
was unable to complete a program of study due to the school’s
closing.
-
The defaulted loan has been discharged by the Department because the borrower’s
eligibility for the loan was falsely certified by the school.
- The borrower has made satisfactory repayment arrangements on the defaulted
loan and consolidated that loan, or the borrower consolidated that
loan by agreeing to repay the consolidation loan under an income-sensitive repayment
schedule.
Q: What is meant by satisfactory repayment and rehabilitation?
A. To reestablish eligibility for federal student aid after defaulting on
a student loan, satisfactory payment arrangements must be made to the appropriate
loan holder for each defaulted loan. Defined as:
- Six consecutive full monthly payments as agreed upon with the
holder (a lump sum prepayment of future installments does not satisfy the
requirement
for six
consecutive payments)
- On time (within 15 days of the payment due date)
- Voluntary (directly by the borrower; court-ordered or involuntary payments
obtained by state offsets or federal Treasury offsets, wage garnishment
or income or asset execution do not count against the six required payments)
- After reestablishing eligibility, the borrower must continue to make
payments according to the arrangements made with the guarantor/holder, and
the loans are still considered to be in default.
- Consolidation
To consolidate a defaulted loan, satisfactory repayment arrangements are
defined as:
- Three consecutive full monthly payments as agreed upon with the holder (a
lump sum prepayment of future installments does not satisfy the requirement
for three consecutive payments)
- On time (within 15 days of the payment due date)
- Voluntary (directly by the borrower; court-ordered or involuntary payments
obtained by state offsets or federal Treasury offsets, wage garnishment or
income or asset execution do not count against the three required payments)
- Rehabilitation
To rehabilitate a defaulted student loan, the borrower must make
payments that are:
- 12 consecutive full monthly payments as agreed upon with the holder (a lump
sum prepayment of future installments does not satisfy the requirement for
12 consecutive payments)
- On time (within 15 days of the payment due date)
- If the borrower fails to send a payment on time during any of the 12 months,
the 12-month cycle must start over.
- Voluntary (directly by the borrower; court-ordered or involuntary payments
obtained by state offsets or federal Treasury offsets, wage garnishment or
income or asset execution do not count against the 12 required payments)
- After the borrower satisfies the above requirements, the guarantor will generally
assist the borrower with rehabilitating the loan with a FFEL Program lender.
Q: How does bad credit affect eligibility?
A. For borrowers applying for a Stafford loan, credit history is not a factor.
For borrowers applying for a PLUS loan, lenders are required to determine
if the borrower has adverse credit history and may not approve a loan if an
adverse credit history is determined.
EDFUND’s Web site, www.edfund.org, offers a comprehensive explanation
of these and other eligibility issues, including total and permanent disability
discharge.
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