Rights & Responsibilities as a Student Loan Borrower
As a federal student loan borrower, you have the right to know all of the
particulars about your student loans — specifics on when you will start to pay
it, who owns your loans, options during repayment, and much more. Naturally, by
borrowing money and agreeing to pay it back, you are also bound by many
important responsibilities during the life of the loan.
Here’s what you need to know.
Your Rights:
Before your school makes your first loan disbursement, you must receive the
following information about your federal student loan from your school, lender,
and/or the Direct Loan Servicing Center:
- The full amount of the loan and the interest
rate.
- The date you must start
repayment.
- 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 your loans and a statement
that you can prepay your loan(s) without penalty at any time.
What Should Happen Before You Leave School:
Before you leave school, you will receive the following information about
your federal student loan (as part of "exit counseling") from your school,
lender, and/or the Direct Loan Servicing Center:
- A current description of your loans, including average
anticipated monthly payments.
- The amount of your total
debt (principal and estimated interest), your interest rate, and the total
interest charges on your loan.
- If you have Federal
Family Education Loans (FFELP) loans, 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.
- A reminder of available options for loan
consolidation and a reminder that you can prepay your loan without penalty at
any time.
- A description of applicable deferment,
forbearance, and discharge (cancellation) provisions.
- Repayment options and advice about debt management that will help you in making
your payments; and notification that you must provide your expected permanent
address and the name and address of your expected employer. You must also
provide any corrections to your school’s records concerning your name, Social
Security Number, references, and driver’s license number (if you have
one).
- On Stafford, Perkins and Direct Loans, you have
the right to a grace period before your repayment period begins. (In most cases,
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.
- 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 must 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.
Note: Your private loans may not
be dealt with in the "exit counseling" meeting.
Your Responsibilities:
- 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 (cancellation), you must repay the loan, even if you
don't complete your education (unless you couldn't finish school for a valid
reason - for example, if the school closes). Also, you must repay your loan even
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, or don’t complete your education
(unless, again, you have a valid reason).
- 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 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 that 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 your loan servicer when: you
graduate; withdraw from school; drop below half time status; change your name,
address, or Social Security Number; or transfer to another
school.
- For Direct or FFELP Stafford Loans, you must
complete "entrance counseling" before you receive your first loan disbursement,
unless you’ve previously borrowed a Stafford Loan. No matter what type of
federal student loan you have, 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.
Problem-Solver: The Federal Student Aid Ombudsman
Another resource for you is the Federal Student Aid Ombudsman of the
Department of Education. This person helps resolve disputes and solve other
problems with federal student loans. For more information, visit the FSA
Ombudsman.