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2000 EXIT HANDBOOK

CHAPTER EIGHT

FEDERAL AND OTHER CONSOLIDATION LOAN PROGRAMS

Loan consolidation enables a borrower with loans from different lenders to obtain one loan, with one interest rate and repayment schedule.

Once a borrower leaves school, he or she may consider consolidation as an option to make repayment easier. The student must contact his or her lender(s) for Federal FFEL Consolidation or the Loan Origination Center for Direct Loan to request these options and any
agreement to refinance or consolidate loans is between the borrower and the lender or the Department, respectively. A student should keep in mind that loan consolidation does not increase Federal Stafford Loan limits; aggregate loan limits must include any portion of a borrower’s Consolidation Loan used to repay a Stafford Loan. Eligibility requirements, interest rates, and the administration of Consolidation Loans are different from Direct Loan and FFEL programs. This chapter is split into two parts — Federal (FFEL) Consolidation Loans and Direct Consolidation Loans to better explain each program’s requirements.

FEDERAL (FFEL) CONSOLIDATION LOANS

A Federal Consolidation Loan enables a borrower with several loans to obtain one loan with one interest rate and repayment schedule. Stafford Loans (both subsidized and unsubsidized), Federal Insured Student Loans (FLSs), Federal Perkins Loans, National Direct Student Loans (NDSLs), PLUS Loans to students, Auxiliary Loans to Assist Students (ALAS), parent PLUS Loans, SLS loans, Health Professions Student Loans, and Nursing Student Loan Program loans may be consolidated only by lenders that have an agreement with the Department or a guaranty agency for that purpose. (PLUS Loans to students and ALAS are former names of the SLS Program.) These also include certain existing Consolidated loans and Direct Loans, if the application for the Consolidation Loan was received on or after November 13, 1997.

Nonfederal loans made by state or private lenders are not eligible for consolidation.

A defaulted loan may be included in a consolidation loan if the borrower has made satisfactory repayment arrangements with the holder to repay the loan. Three voluntary, on-time, consecutive monthly payments under a "satisfactory repayment arrangement" are required to consolidate a defaulted loan. Satisfactory repayment arrangements are discussed in Chapter 7 of this reference. A borrower can also consolidate a defaulted loan without having to make three required payments, if he or she agrees to repay the Consolidation Loan under an income-sensitive repayment plan.

Loan consolidation allows a lender to pay off the existing loans and make one Federal Consolidation Loan to replace them. Consolidation may include, in addition to unpaid principal and interest on the underlying loans being consolidated, late charges and collection costs applied to those loans. A guaranty agency (or the Department, if it is holding the loan) may assess the borrower collection charges or late fees up to 18.5 percent of the principal and interest that is outstanding at the time of loan payoff certification on the defaulted Stafford Loan that is to be included in a Federal Consolidation Loan.

A lender must offer standard, graduated, and income-sensitive repayment options on Federal Consolidation Loans.

APPLYING FOR A FEDERAL CONSOLIDATION LOAN

Generally, a borrower submits a Consolidation Loan application to a lender holding at least one of the loans to be consolidated. If none of those lenders agrees to consolidation, the borrower may apply to any other lender participating in the Consolidation Loan Program. A borrower whose loans are all held by one lender must consolidate with that lender unless the borrower certifies that he or she has sought and been unable to secure a Federal Consolidation Loan with acceptable income-sensitive repayment terms.

The Higher Education Amendments of 1998 specify that lenders are not required to provide for consolidation of loans made under Titles VII and VIII of the Public Health Service Act.

The borrower must give the lender all relevant information concerning his or her existing loans. A borrower may add to an existing Consolidation Loan eligible loans received before the date of consolidation, if the loans are added within 180 days after the date the Consolidation Loan is made.

BORROWER ELIGIBILITY FOR A FEDERAL CONSOLIDATION LOAN

To be eligible for a Federal Consolidation Loan, a borrower

  • must be in the grace period or in repayment status on all loans being consolidated;

  • if in default,

  • must have made satisfactory arrangements to repay the defaulted loan and must have made at least three voluntary, on-time, consecutive monthly payments or

  • must agree to repay the Consolidation Loan under the income-sensitive repayment plan (with no payments required prior to consolidation);

However, the Higher Education Amendments of 1998 eliminated defaulted borrowers against whom a court has issued judgment or against whom a wage garnishment order has been issued from Federal Consolidation Loan eligibility.

· must not have another Consolidation Loan application pending;

· must agree to notify the loan holder of any address changes; and

· must certify that the lender holds at least one of the borrower’s outstanding loans that are being consolidated or that the borrower has unsuccessfully sought a Consolidation Loan from the holders of the outstanding loans and was unable to secure one.

There is no longer a minimum debt level a borrower must have to qualify for consolidation.

The Higher Education Amendments of 1998 clarify treatment of loans made before and after loan consolidation.

· An individual may receive a subsequent consolidation loan to consolidate eligible loans received after the borrower’s first consolidation is made;

· An individual may add loans made prior to the date of the Consolidation Loan within 180 days following making the Consolidation Loan;

· An individual may add loans received following the making of the Consolidation Loan within 180 days after making the Consolidation Loan;

· An individual may add loans made prior to the date of a first Consolidation Loan to a subsequent Consolidation Loan.

A married couple may consolidate individual loans if both spouses agree to be held jointly and separately liable for repayment of the Consolidation Loan regardless of the amount of their individual debts and regardless of any future change in marital status. If one spouse dies, becomes totally and permanently disabled, has collection of his or her loan obligation stayed by a bankruptcy filing, or has that obligation discharged in bankruptcy, the other borrower remains obligated to repay the loan.

Both spouses must meet the eligibility requirements to qualify for a Consolidation Loan. Only one spouse is required to certify that the lender holds at least one of his or her outstanding loans that are being consolidated or that he or she has unsuccessfully sought a Consolidation Loan from the holders of the outstanding loans and was unable to secure one.

Joint consolidators are held jointly and separately liable for the Consolidation Loan. To receive a deferment, forbearance, or discharge is due to school closure of false certification. In that case, only one borrower must qualify; however, only the portion of the Consolidation Loan affected by the school closure of false certification can be discharged, unless the borrower’s spouse qualifies for some type of discharge.

If a borrower is unable to obtain a Consolidation Loan from a lender eligible to make such loans, the borrower may apply through the U.S. Department of Education for a Federal Direct Consolidation Loan under the Direct Loan Program. The borrower must certify that he or she has been unable to obtain from an eligible lender a Consolidation Loan or a Consolidation Loan with income-sensitive repayment terms acceptance to the borrower. The eligibility criteria for Federal Direct Consolidation Loans differ from the criteria for Federal Consolidation Loans.

INTEREST RATES

The interest rate for a Federal Consolidation Loan made from July 1, 1994 to November 13, 1997 is the greater of the weighted average of the interest rates of the loans consolidated (rounded to the nearest whole percent) of 9 percent. When determining the weighted average of interest rates, the interest rate used for each loan is that which is in effect for it at the time the loan is paid in full through consolidation.

The interest rate for a Federal Consolidation Loan made from November 14, 1997 to September 30, 1998 is the bond equivalent rate of 91-day Treasury bills sold at the final auction before June 1, plus 3.10 percent. The interest rate may not exceed 8.25 percent.

The interest rate for this category of loans from July 1, 1999 through June 30, 2000 is 7.72 percent.

If a Federal Consolidation Loan application was received on or after October 1, 1998, the interest rate is the weighted average of the interest rates of the loans being consolidated, rounded to the nearest higher one-eighth of 1 percent, not to exceed 8.25 percent.

There are no insurance premiums of other fees for loan consolidation.

A borrower is entitled to an interest subsidy during deferment only when the Consolidation Loan is made up exclusively of subsidized Stafford Loans.

A borrower interested in consolidation should understand that consolidating Perkins loans (or NDSLs) will result in

· a higher interest rate than he or she is paying on those loans;

· fewer deferment provisions than he or she has available under the Perkins Loan (or NDSL) Program; and

· the loss of Perkins Loan (or NDSL) cancellation provisions on the loans being consolidate

The student should understand that consolidation Stafford Loans and SLS loans may result in higher interest rates than he or she was paying on those loans. However, because Consolidation Loans may have repayment periods as long as 30 years, the borrower’s monthly repayment amount may be reduced.

For loan applications received on or after August 10, 1993, the borrower is entitled to an interest subsidy during deferment only when the Consolidation Loan is made up exclusively of subsidized Stafford Loans.

REPAYMENT

Generally, the first payment on a Federal Consolidation Loan is due within 60 days after consolidation. (The repayment period begins on the day the Consolidation Loan is disbursed.) There are a number of repayment options, including the graduated repayment and income-sensitive repayment options mentioned previously. The repayment period varies from 10 to 30 years, depending on the amount consolidated and on other student loans the borrower may have. If the amount to be consolidated is less than $7,500, for example, the repayment period must not exceed 10 years.

All deferment and forbearance are options available to FFEL Stafford Loan borrowers. If a married couple is jointly liable for repayment of a Federal Consolidation Loan, the lender may grant forbearance only if both persons meet the conditions for forbearance.

The following are consolidation agencies that UMDNJ graduates currently use:

 

United State Department of Education
Consolidation Department
P. O. Box 1723
Montgomery, AL 36102-1723
1-800-557-7392

Pennsylvania Higher Education Assistance Authority
Network Consolidation Program
1200 North 7th Street
Harrisburg, PA 17102-1444
1-800-338-5000

Educaid
P. O. Box 196
New Brunswick, NJ 08903
1-800-283-6221 (AFSA) or
1-800-388-5000 (SLSC)

Crestar Bank
Student Lending Department
P. O. Box 27172
Richmond, VA 23261-7172
1-800-552-3006

USA Group
MCH 637
Loan Consolidation
P. O. Box 6179
Indianapolis, IN 46206
1-800-448-3533

SALLIE MAE
Smart Loan Origination - Telemarketing Department
P. O. Box 5400
Wilkes-Barre, PA 18773
1-800-524-9100

Consolidation. Codes indicate if the lender will make consolidated loans to (A)ll comers, or existing (C)ustomers only.
Code (1) Indicates a guarantor consolidates the loans; and (2) indicates spousal considerations are not allowed.

Consolidation Loan Web Sites

Organization School Phone Borrower Phone WWW Site Consolidation

Consolidation
Phone

Academic Management Services (800) 531-4300 (800) 635-0120 www.amsweb.com Yes A (800) 524-9100
Access Group (800) 227-2151 (800) 282-1550 www.accessgroup.org Yes C (800) 282-1550
ALL Student Loan Corporation (800) 330-9955 (800) 271-9721 www.allstudentloan.org Yes C (800) 271-9721
American Express (800) 987-7770 (800) 814-4595 www.amercianexpress.com/edloans Yes A (800) 814-4595
ASAP/Union Bank & trust (800) 272-7828 (800) 272-7828 www.eduloans.com Yes A (800) 274-9876
Association of American Medical Colleges (800) 233-7575 (800) 858-5050 www.aamc.org/MEDLOANS Yes C (800) 858-5050
Bank of America/Nations Bank (800) 445-5488 (800) 344-8382 www.bankofamerica,com Yes C (800) 283-6221
Bank One (800) 487-4404 (800) 487-4404 www.educationone.com Yes C (800) 487-4404
BankBoston NA (800) 879-6472 (800) 2BOSTON www.bankboston.com Yes A (800) 824-7045
Beneficial Savings (800) 864-6725 (800) 864-6725 www.beneficialsavings.com Yes A (800) 338-5000
BORROWSMART-TRUST.COM (800) 722-4867 (800) 722-4867 www.borrowsmart-trust.com Yes (800) 722-4867
Brazos Higher Education (800) 375-0915 (800) 375-0915 www.bhesc.org Yes C (800) 375-0915
Chase Manhattan Bank (800) 228-7605 (800) 242-7339 www.chase.com/educationfirst Yes (800) 524-9100
Chela Financial (800) 282-4352 (800) 347-4352 www.chelsafinancial.com Yes A (800) 347-4352
Citibank (800) 846-1290 (800) 967-2400 www.studentloan.com Yes A (800) 934-1900
College Foundation Inc (800) 532-2832 (800) 234-6400 www.cfi.og Yes C (800) 234-6400
Corus Bank (800) 345-4325 (800) 345-4325 www.corusbank.com Yes C (800) 345-4325
Council for South Texas Economic Dvlpmt (CoStep) (800) 949-6371 (800) 949-6371 www.costep.org Yes (800) 949-6371
Crestar Bank (800) 552-3006 (800) 552-3006 www.student-loans.com Yes A (800) 552-3006
CSLF Connecticut Student Loan Foundation (800) 237-9721 (800) 237-9721 www.cslf.com Yes C (800) 237-9721
EdSouth (800) 337-6884 (800) edsouth www.edsouth.org Yes C (800) 338-5000
Educiad/First Union (800) 347-7667 (800) EDUCAID www.educaid.com Yes C (800) 776-2344
Educational Credit Management Corp. (800) 775-3262 (800) 775-3262 www.ecmc.org Yes C (800) 775-3262
Educational Finance Group (800) 254-9848 (800) 766-0084 www.efg.net Yes A (800) 254-9848
EFS Services Inc. (800) 634-2533 (800) 635-1867 www.efsservices.com Yes C (800) 635-1867

 

 

Organization School Phone Borrower Phone WWW Site Consolidation Consolidation Phone
First Tennessee Bank (800)
213-4933
(800)
844-8880
www.firsttennessee.com Yes (800) 844-8880
IDAPP (Illinois Student Assistance Commission) (800)
961-4327
(800)
366-5755
www.idapp.org Yes C (800) 221-1366
Iowa Student Loan (800)
542-6005
(800)
542-6005
www.studentloan.org Yes A (800) 542-6005
Key Education Resources (800)
540-1855
(800) KEYLEND www.Key.com/educate Yes C (800) KEYLAND
Marquette Bank (800)
257-1501
(800)
257-1501
www.marquette.com/student Yes (800) 645-7403
Mellon Bank (800)
366-7011
(800)
366-7011
www.mellon.com/edu Yes A (800) 338-5000
Michegan Higher Ed Student Loan Authority (MHESLA) (800)
242-0096
(800)
242-0096
www.unipac.com Yes C (800) 274-9896
MOHELA (800)
666-4352
(800)
666-4352
www.mohela.com Yes A (800) 666-4352
National City Bank (800)
622-5097
(800)
622-5097
www.national-city.com Yes A (800) 622-5097
National Education (an IDAPP affiliate) (800)
251-1840
(800)
353-3357
www.nationaleducation.com Yes C (800) 221-1366
Nellie Mae (800)
335-1900
(800)
634-9308
www.nelliemae.com Yes A (800) 634-9308
New Hampshire Higher Ed Loan Corp (NHHELCO) (800)
330-0787
(800)
719-0708
www.nhhelco.org Yes C (800) 719-0708
NorthStar Total Higher Education (800)
366-0603
(800)
366-0604
www. northstar.org Yes C (800) 366-0604
P.L.A.T.O. (800)
263-3527
(800) GOPLATO www. plato.org Yes A (800) GOPLATO
PHEAA (800)
699-2908
(800)
692-7392
www. pheaa.org Yes A

(800) 338-5000

PNC Bank (800)
762-1001
(800) 762-1001 www.edloans.pncbank.com Yes A (800) 762-1001
Sallie Mae (800)
777-1136
(800)
891-4599
www.salliemae.com Yes A (800) 524-9100
SLND ö Bank of North Dakota (800)
472-1266
(800)
472-1266
www.banknd.com/slnd Yes

(800)

South Carolina Student Services (800)
798-0916
(800)
798-0916
www.slc.sc.edu Yes C (800) 798-0916
Southwest Students Services (800)
247-2357
(800)
367-2369
www.sssc.com Yes C (800) 367-2369
Student Loan Funding Services (800)
477-SLFR
(800)
477-SLFR
www.studentloanfunding.com Yes A (800) 477-SLFR
UNIPAC (800)
375-7013
(800)
456-4757
www.unipac.com Yes C (800) 456-4757
US Dept of Education(Ford Direct) (800)
433-3243
(800)
433-3243
www.ed.gov Yes A (800) 557-7392
USA Group (USA Funds) (800)
428-9250
(800)
562-6872
www.usagroup.com Yes A (800) 448-3533
Vermont Student Assistance Corp(VSAC) (800)
307-8722
(800)
798-8722
www.vsac.org Yes C (800) 226-1029
Wells Fargo/Northwest Bank (800)
952-3939
(800)
658-3567
www.northwest.com Yes C (800) 658-3567

 

DIRECT CONSOLIDATION LOANS

Direct Consolidation Loans allow William D. Ford Federal Direct Loan (Direct Loan) and Federal Family Education Loan (FFEL) borrowers to combine one or more federal education loans and create one Direct Loan with one monthly payment. Borrowers can extend their repayment periods, thereby reducing monthly payments and possibly lowering the interest rate.

Subsidized Student Financial Assistance loans can be consolidated into a Direct Subsidized Consolidation Loan. Unsubsidized Student Financial Assistance loans, as well as certain loans authorized under Titles VII and VIII of the Public Health Service Act (administered by the U.S. Department of Health and Human Services), can be consolidated into a Direct Unsubsidized Consolidation Loan. Direct PLUS Loans and Federal PLUS Loans can be combined into one Direct PLUS Consolidation Loan.

Even if borrowers have more than one loan type of loan, they receive only one Direct Consolidation Loan and make just one monthly payment. However, the U.S. Department of Education (the Department) will track the parts of the Direct Consolidation Loan separately because the type of loan affects interest rates, interest subsidies, and deferment on the subsidized portion of a Direct Consolidation Loan.

Borrowers must consolidate at least one Direct Loan or FFEL but generally are not required to consolidate all their outstanding federal education loans. For example, a borrower may choose not to consolidate a loan with an interest rate lower than a Direct Consolidation Loan’s interest rate. A borrower may not, however, exclude Student Financial Assistant loan eligibility.

Nonfederal loans made by state private lenders are not eligible for consolidation.

LOAN LIMITS

There are no minimum or maximum loan limits that apply to direct consolidation loan’s principal balance equals the sum of the amounts the department pays to the holders of the loans being consolidated. The department pays each holder the amount necessary to pay in full the loan being consolidated.

Consolidation does not increase a borrower’s aggregate loan limits for undergraduate and graduate/professional students must include any portion of a direct consolidation loan used to repay a direct subsidized or unsubsidized Federal Stafford Loan, or a Federal Supplemental Loans for Students (SLS) Loan.

 

INTEREST RATES

Direct Consolidation Loan interest rates are variable and are determined on June 1 each year. The rate are actually adjusted annually on July 1 and apply to the following 12 month period from July 1 to June 30.

The higher education amendments of 1998 also established an interest rate formula for all direct consolidation loans for applications received from February 1, 1999 through June 30, 2002. The interest rate for these loans is fixed for the life of the loan at the lesser of the weighted average of the interest rates of the loans being consolidated, rounded to the nearest higher one-eighth off one percent or 8.25 percent.

During in-school, grace, and deferment periods, the department does not charge borrowers interest on direct subsidized consolidation loans. Interest is charged during forbearance, however, interest is charged on direct unsubsidized consolidation loans and direct plus consolidation loans during all periods.

Borrowers may pay the interest for which they are responsible during applicable period or postpone paying it and have the interest capitalized (added to the principal owed).

ADDITIONAL BORROWING COSTS

Borrowers are not charged a loan fee for consolidation of their loans,

Borrowers are not charged late fees on all or part of any payments the borrower does not pay within 30 days of the due date. The late charge may not exceed six cents for each dollar of each late installment. Currently, however, the department is not charging late fees.

On a Direct Consolidation Loan not in default, the Department may require the borrower of endorser to pay any costs, in excess of routine collection costs, incurred in collecting installments not paid when due. Such charges do not include the routine costs of preparing letters or notices or making local or long-distance telephone calls. An example of non-routine collection cost is the cost of processing checks returned for insufficient funds. On a Direct Consolidation Loan in default, the Department may require the borrower or any endorser to pay additional costs.

ELIGIBILITY

Borrowers must send a Direct Consolidation Loan application to the Department’s Loan Origination Center. A single consolidation application is used, even if the borrower is consolidating more than one type of loan, such as subsidized student loans and unsubsidized student loans or subsidized student loans and PLUS Loans (if the borrower has a loan for a dependent student as well as a loan for him or herself). The publication Direct Consolidation Loans: A Guide explains the application process in detail.

Borrowers may add preexisting eligible loans to a newly created Direct Consolidation Loan without submitting a new application; borrowers simply submit a request to the Department within 180 days after the loan is originated.

There are two types of consolidation, "regular" and "in-school." Basically, however, borrowers any consolidate loans any time after they are fully disbursed. Consolidation eligibility criteria vary somewhat depending on when borrowers consolidate and whether they are in default. All Direct Consolidation Loan borrowers, however, receive the same deferment, forbearance, and discharge provisions available to borrowers of other Direct Loans. Note that a borrower who consolidates a loan that is in deferment must reapply for the deferment once the loan is consolidated.

Borrowers who were enrolled or accepted for enrollment were prohibited from consolidating their loans under the Direct Loan Program if they had FFELs and/or Perkins Loans and their application were received from October 1, 1998 through January 31, 1999.

Regular Consolidation

    • A borrower can consolidate when his or her loans are no longer in an in- school period, such as during the borrower’s grace period, when a loan is in repayment, or even when a loan is in default (in certain circumstances described below). A borrower consolidation at least one fully disbursed Direct Loan process. A borrower may also include other student loans, such as Federal Perkins Loans and eligible health professions student loans.

    • A borrower with an outstanding FFEL but no outstanding Direct Loans must meet one of two conditions to receive a regular Direct Consolidation Loan: the borrower must be unable to obtain a Federal Consolidation Loan after checking with a lender that makes such loans; or, if the borrower is eligible for the Income Contingent repayment Plan, he or she must be unable to obtain a Federal Consolidation Loan with acceptable income-sensitive repayment terms after checking with a lender that makes Federal Consolidation Loans.

    • For married borrowers who want to consolidated jointly, only one borrower must meet the conditions described in the preceding paragraph. Joint consolidators are held jointly and severally liable for their consolidation loan, however, both borrowers must quality for deferment, forbearance, and discharge, unless a discharge is due to school closure or false certification. In those two cases, only one borrower has to qualify; however, only the portion of the direct consolidation loan affected by the school closure or false certification can be discharged.

    • Regular consolidation requires that borrowers (both borrowers, if married and consolidation jointly) have no federal consolidation loan applications pending with any other lenders (for example, an FFEL Program lender). Also, borrowers must agree to notify the Department of any address change.

    • A regular consolidation loan’s repayment period begins the day the first disbursement is made; the first payment is due within 60 days of the date, unless the borrower is in deferment on the consolidation loan. There is no grace period.

    • Borrowers in repayment on any loans to be consolidated should continue making payments to their current loan holders until receiving written notice from the Department that it has consolidated their loans. Once the loans are consolidated, any payments a borrower makes to the original holders will be sent to the Department to reduce the Direct Consolidation Loan balance.

In-School Consolidation

    • An in-school period is defined as the period before a loan enters the grace period while a borrower is enrolled at least half time at an eligible school. A loan is considered to be in a in-school period if the borrower entered but never completed the grace period because he borrower reenrolled at least half time at an eligible school before the grace period expired.

    • In-school consolidation requires borrowers to meet the requirements for regular consolidation, with some exceptions. Unlike regular consolidation, borrowers eligible for in-school consolidation may consolidate only Direct Loans or FFELs; the other types of federal education loans listed at the beginning of this chapter may be consolidated only after borrowers leave school.

    • Borrowers attending Direct Loan schools must consolidate at least one fully disbursed Direct Loan or FFEL that is in an in-school period. Borrowers attending non-Direct Loan schools must have a Direct Loan and must consolidate a Direct Loan of FFEL that is in an in-school period. (note that borrowers can qualify simply by consolidating one Direct Loan that is in an in-school period.) Married borrowers who wish to consolidate jointly must–have Direct Loans or FFELs in in-school periods. If a married borrower attends a Direct Loan school but the spouse attends a non-Direct Loan school the spouse must have a Direct Loan and must consolidate an FFEL or Direct Loan in an in-school period. (The spouse can qualify simply by consolidating one Direct Loan that is in an in-school period.)

    • Borrowers with no Direct Loans who want to consolidate FFELs must be attending Direct Loan schools. (At least one FFEL must be in an in-school period.) Such borrowers do not have to certify that they have been unable to obtain Federal Consolidation Loans-FFEL borrowers currently are not permitted under the Federal Consolidation Loan Program to consolidate a loan in an in-school period.

    • The borrower of an in-school Direct Consolidation Loan receives a six-month grace period on the loan when he or she reduces enrollment to less than half time at an eligible school. If the underlying loan(s) that is an in-school period enters the grace period after the Direct Consolidation Loan application’s submission but before the consolidation loan’s first disbursement, borrowers do not have to make payments on the loan for the amount of time remaining in the grace period at the time of the first disbursement.

 

CONSOLIDATION OF DEFAULTED LOANS

Generally, defaulted student loans may be consolidated if borrowers agree either to repay the Direct Consolidation Loan under the Income Contingent repayment Plan or make satisfactory repayment arrangements with the current loan holder. However, the borrower has only one option–to make satisfactory repayment arrangements with the current loan holder–in the following two situations:

    • The borrower has a defaulted loan and at least on Direct Loan o FFEL in an in-school period and wants an in-school consolidation loan, or

    • The borrower wants to consolidate a defaulted PLUS Loan.

For purpose of consolidating a defaulted Direct Loan, FFEL, or Perkins Loan, satisfactory repayment arrangements are defined as three consecutive, voluntary, on-time, full monthly payments that are reasonable and affordable given the borrower’s total financial situation. Borrowers eligible to consolidate defaulted health professions loans must contact the loan holders to determine how a satisfactory repayment arrangement is defined.

Borrowers may not exclude a defaulted Student Financial Assistance Loan from consolidation unless they have made repayment arrangements satisfactory to regain Student Financial Assistance eligibility. For Direct Loans and FFELs, these arrangements are the same as those described above, except borrowers must make six payments instead of three. For Perkins Loans, borrowers must repay the loan in full or sign a new repayment agreement and make one payment each month for six consecutive months. Note that regaining Student Financial Assistance eligibility does not apply if only health professions loans are in default.

For defaulted Direct Loans and FFEL’s, collection costs up to a maximum of 18.5 percent of the outstanding principal loan balance. For defaulted Perkins Loans and health professions loans, collection costs equal to the amount the borrower owes may be added to the outstanding principal loan balance.

In general, a borrower may not consolidate any loan on which a judgment has been obtained. For example, a borrower with a judgment on a defaulted Direct Loan, FFEL, or Perkins Loan who makes satisfactory repayment arrangements on the judgement for purposes of regaining Student Financial Assistance eligibility may still not include the judgment in a Direct Consolidation Loan. A borrower with a judgment on a health professions loan who is not in default on any Student Financial Assistance loan may consolidate all loans except the judgment.

Note that borrowers who have judgments on Direct Loans or FFELs but who rehabilitate those loans may include them in a Direct consolidation Loan.

SUBSEQUENT CONSOLIDATION

  • A borrower may add preexisting eligible loans to a Direct Consolidation Loan within 180 days after the date the Direct Consolidation Loan is made. Preexisting eligible loan is one fully disbursed before the Direct Consolidation Loan’s first disbursement is made. A borrower who listed the preexisting loan as an outstanding debt on the consolidation application may telephone the Loan Origination Center to request that the loan be added. A borrower who did not list the loan must submit a brief written request that includes the loan information the consolidation application requires.

  • After the Department verifies the additional loan, the borrower must sign a promissory note or the additional amount before the Department will pay off the holder. The loan disclosure issued when the subsequent consolidation is completed will include the balance of the newly consolidated loan.

  • If the original Direct Consolidation Loan required an endorser on the PLUS portion of the loan and the borrower is adding a PLUS Loan. If an endorser was not originally required for the added PLUS Loan, the endorser must agree to repay the entire direct PLUS Consolidation Loan.

  • A borrower who wants to consolidate additional eligible loans after 180 days must complete a new Direct Consolidation Loan application.

REPAYMENT

  • A regular Direct Consolidation Loan’s repayment period begins the day the loan is first disbursed. If a Direct Consolidation Loan includes at least one Direct Loan or FFEL that is in an in-school period at the time the Department receives the consoli-dation application, the repayment period begins the day after the grace period ends.

  • The first payment on a Direct Consolidation Loan is due within 60 days of the loan’s first disbursement, unless a borrower is eligible for a deferment or the loan includes at least one Direct Loan FFEL in an in-school period and therefore qualifies for a grace period.

  • Direct Loan repayment plans and their requirements also apply to Direct Consolidation Loans. The length of a Direct Consolidation Loan repayment period under each plan is the same as for nonconsolidated Direct Loans.

  • Borrowers may not choose the Income Contingent Repayment Plan for Direct PLUS Consolidation Loans. Borrowers with these loans may have two repayment plans if they want to repay their Direct Subsidized Consolidation Loans and/or Direct Unsubsidized Consolidation Loans under the Income contingent Repayment Plan.

  • For Direct Consolidation Loans, outstanding balances consist of all the borrowers Direct Consolidation Loans, Direct Loans, and other education loans not made by an individual and not in default (unless satisfactory repayment arrangements have been made). The total outstanding balance for the other education loans used to determine and Extended or Graduated repayment period may not exceed the amount of the Direct Consolidation Loan.

  • The Department forwards a repayment schedule to the Direct Consolidation Loan borrower before the first installment payment is due. The schedule presents the borrower’s monthly repayment under the repayment plan selected. If a borrower then adds an eligible loan to the consolidation, the Department adjusts the monthly repayment amount (and, if necessary, he repayment period for loans in Graduated or Extended repayment plans).

  • As is true for Direct Loans, a borrower who decides the repayment plan selected for the Direct Consolidation Loan no longer meets his or her needs can switch plans by calling or writing the Direct Loan Servicing Center–as long as the new plan’s maximum repayment period is longer than the period the borrower’s loan has already been in repayment.

  • A borrower who had a defaulted loan and became eligible for a Direct Consolidation Loan by agreeing to repay it under the Income Contingent Repayment (ICR) Plan may switch to a plan other than ICR if her or she

  • was required to make, and did make, a payment under ICR in each of the prior three months; of

  • was not required to make payments but made three reasonable and affordable payments in each of the prior three months.

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