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Direct Consolidation Loan Application and Promissory Note
William D. Ford Federal Direct Loan Program
OMB No. 1845-0053
Form Approved
Exp. Date 04/30/2019
WARNING: Any person who knowingly makes a false statement or misrepresentation on this form or any accompanying document is subject to penalties that may
include fines, imprisonment, or both, under the U.S. Criminal Code and 20 U.S.C. 1097.
BEFORE YOU BEGIN
Read the Instructions for Completing the Direct Consolidation Loan Application and Promissory Note (“Instructions”).
NOTE: PAGES 1 THROUGH 5 MUST BE SUBMITTED FOR YOUR LOAN APPLICATION TO BE PROCESSED.
BORROWER INFORMATION
1. Last Name: ______________________________________________ First Name: ___________________________________________ Middle Initial: __________
2. Former Name(s): ______________________________________________________________________________________________________________________
3. Social Security Number: ___ ___ ___ - ___ ___ - ___ ___ ___ ___
4. Date of Birth: ___ ___ - ___ ___ - ___ ___ ___ ___
5. Permanent Address (Street, City, State, Zip Code) (if P.O. box or general delivery, see Instructions):
6. Area Code/Telephone Number: ( ______ ) ______ - _ _______
7. Email Address (optional): __________________________________________________________________________
8. Driver’s License State and Number: ___________________________________________________________________
9. Employer’s Name and Address (Street, City, State, Zip Code):
10. Work Area Code/Telephone Number: ( ______ ) ______ - ________
REFERENCE INFORMATION
List two persons with different U.S. addresses who do not live with you and who have known you for at least three years.
11. Last Name: _________________________________________________ First Name: _______________________________________ Middle Initial: _________
Permanent Address (Street, City, State, Zip Code):
Email Address (optional): ____________________________________________________________________________
Area Code/Telephone Number: ( ______ ) ______ - ________
Relationship to You: _________________________________________________________________________________
12. Last Name: _______________________________ ___________________First Name: _______________________________________ Middle Initial: _________
Permanent Address (Street, City, State, Zip Code):
Email Address (optional): ____________________________________________________________________________
Area Code/Telephone Number: ( ______ ) ______ - ________
Relationship to You: _________________________________________________________________________________
Borrower’s Name: ________________________________________________________________ Social Security Number: ___ ___ ___ - ___ ___ - ___ ___ ___ ___
LOANS YOU WANT TO CONSOLIDATE
READ THE INSTRUCTIONS BEFORE COMPLETING THIS SECTION. List each federal education loan that you want to consolidate, including any Direct Loan Program
loans that you want to include in your Direct Consolidation Loan. If you need more space to list loans, use the Additional Loan Listing Sheet included with this Note.
List each loan separately.
We will send you a notice before we consolidate your loans. This notice will (1) provide you with information about the loans and payoff amounts that we have
verified, and (2) tell you the deadline by which you must notify us if you want to cancel the Direct Consolidation Loan, or if you do not want to consolidate one or
more of the loans listed in the notice. The notice will include information about loans that you listed in this section. If you have additional loans with a holder of a loan
that you listed in this section, the notice may also include information about those additional loans. SEE THE INSTRUCTIONS FOR MORE INFORMATION ABOUT THE
NOTICE WE WILL SEND.
IN THIS SECTION, LIST ONLY LOANS THAT YOU WANT TO CONSOLIDATE
13. Loan Code
(see Instructions)
14. Loan Holder/Servicer Name, Address, and
Area Code/Telephone Number (see Instructions)
15. Loan Account
Number
16. Estimated Payoff
Amount
17. Grace Period End Date. If any of the loans you want to consolidate are in a grace period, you can have the processing of your Direct Consolidation Loan
application delayed until the end of your grace period by entering your expected grace period end date in the space provided.
If you leave this item blank or if you are not consolidating any loans that are in a grace period, we will begin processing your Direct Consolidation Loan application as
soon as we receive this Note and any other required documents. Any loans listed in the Loans You Want to Consolidate section that are in a grace period will enter
repayment immediately upon consolidation. You will then lose the remaining portion of the grace period on those loans.
Expected Grace Period End Date (month/year): ___ ___ - ___ ___ ___ ___
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AGE 2 OF 17
Borrower’s Name: ________________________________________________________________ Social Security Number: ___ ___ ___ - ___ ___ - ___ ___ ___ ___
LOANS YOU DO NOT WANT TO CONSOLIDATE
READ THE INSTRUCTIONS BEFORE COMPLETING THIS SECTION. List all education loans that you are not consolidating, but want us to consider when we calculate the
maximum repayment period for your Direct Consolidation Loan (see Item 11 of the Borrower’s Rights and Responsibilities Statement that accompanies this Note).
Remember to include any Direct Loan Program loans that you do not want to consolidate. If you need more space to list loans, use the Additional Loan Listing Sheet
included with this Note. List each loan separately.
We will send you a notice before we consolidate your loans. This notice will (1) provide you with information about the loans and payoff amounts that we have
verified, and (2) tell you the deadline by which you must notify us if you want to cancel the Direct Consolidation Loan, or if you do not want to consolidate one or
more of the loans listed in the notice. The notice may also include information about any loans you listed in this section, but these loans listed will not be
consolidated. SEE THE INSTRUCTIONS FOR MORE INFORMATION ABOUT THE NOTICE WE WILL SEND.
IN THIS SECTION, LIST ONLY LOANS THAT YOU DO NOT WANT TO CONSOLIDATE
18. Loan Code
(see Instructions)
19. Loan Holder/Servicer Name, Address, and
Area Code/Telephone Number (see Instructions)
20. Loan Account
Number
21. Current Balance
REPAYMENT PLAN SELECTION
To understand your repayment plan options, carefully read the repayment plan information in Item 11 of the Borrower’s Rights and Responsibilities Statement that
accompanies this Note and in any supplemental materials you receive with this Note. Then select a repayment plan for your Direct Consolidation Loan:
To select the Standard Repayment Plan, the Graduated Repayment Plan, or the Extended Repayment Plan, complete the Repayment Plan Selection form
that accompanies this Note.
To select the Revised Pay As You Earn Repayment Plan (REPAYE Plan), the Pay As You Earn Repayment Plan (PAYE Plan), the Income-Based Repayment Plan
(IBR Plan), or the Income-Contingent Repayment Plan (ICR Plan), complete the Income-Driven Repayment Plan Request form that accompanies this Note
or visit StudentLoans.gov to complete the Income-Driven Repayment Plan Request online.
NOTE: You must select the REPAYE Plan, the PAYE Plan, the IBR Plan, or the ICR Plan for repayment of your Direct Consolidation Loan if:
1. You want to consolidate a defaulted loan and you have not made a satisfactory repayment arrangement with your current loan holder(s); or
2. You are consolidating a delinquent Federal Consolidation Loan that the lender has submitted to the guaranty agency for default aversion, or you are
consolidating a defaulted Federal Consolidation Loan, and you are not consolidating any additional eligible loans.
BORROWER UNDERSTANDINGS, CERTIFICATIONS, AND AUTHORIZATIONS
22. I understand that:
A. Applying for a Direct Consolidation Loan does not obligate me to agree to
take the loan. The U.S. Department of Education (ED) will provide me with:
The deadline by which I must notify ED if I want to cancel the Direct
Consolidation Loan, or if I do not want to consolidate any of the loans
that ED has verified; and
A notice containing information about the loans and payoff amounts
that ED has verified with the holders of my loans or through ED’s
National Student Loan Data System (NSLDS) before the actual payoffs
occur.
The notice that ED sends will include information about the loans I listed in
the Loans You Want to Consolidate section of this Note. If I have additional
loans that are with a holder of a loan listed in the Loans You Want to
Consolidate section, but I did not list those loans in that section, the notice
may also include information about those additional loans. I must inform
ED by the deadline specified in the notice if I do not want all of the loans
listed in the notice to be consolidated.
The notice that ED sends may also include information about loans I listed in
the Loans You Do Not Want to Consolidate section of this Note, but these
loans will not be consolidated.
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Borrower’s Name: ________________________________________________________________ Social Security Number: ___ ___ ___ - ___ ___ - ___ ___ ___ ___
BORROWER UNDERSTANDINGS, CERTIFICATIONS, AND AUTHORIZATIONS (CONTINUED)
B. I understand that if ED accepts this application for a Direct Consolidation
Loan, ED will send funds to the holders of the loans that I want to
consolidate to pay off those loans. The amount of my Direct Consolidation
Loan will be the sum of the balances of my outstanding eligible loans that I
have chosen to consolidate. The payoff amount may be greater than or less
than the estimated total balance I have indicated in the Loans You Want to
Consolidate section.
The outstanding balance on each loan to be consolidated includes unpaid
principal, unpaid accrued interest and late charges as defined by federal
regulations and as certified by the loan holder. Collection costs may also be
included. For a Direct Loan Program or Federal Family Education Loan (FFEL)
Program loan that is in default, the amount of any collection costs that may
be included in the payoff balances of the loans is limited to a maximum of
18.5% of the outstanding principal and interest. For any other defaulted
federal education loans, all collection costs that are owed may be included
in the payoff balances of the loans.
C. If the amount ED sends to my loan holders is more than the amount
needed to pay off the balances of the selected loans, the holders will refund
the excess amount to ED and this amount will be applied against the
outstanding balance of my Direct Consolidation Loan. If the amount that ED
sends to my holders is less than the amount needed to pay off the balances
of the loans selected for consolidation, ED will include the remaining
amount in my Direct Consolidation Loan.
D. If I am consolidating loans made under the FFEL, Direct Loan, or Federal
Perkins Loan (Perkins Loan) programs, the outstanding balance of my Direct
Consolidation Loan counts against the applicable aggregate loan limits for
each type of loan. Under the Act, as defined under “Governing Lawin the
Note Terms and Conditions section of this Note, the percentage of the
original amount of my Direct Consolidation Loan that is attributable to each
loan type is counted against the loan limit for that type of loan.
E. I agree to repay my Direct Consolidation Loan under the REPAYE Plan, the
PAYE Plan, the IBR Plan, or the ICR Plan if:
I am consolidating a defaulted loan and I have not made a satisfactory
repayment arrangement with the current holder of the defaulted loan,
or
I am consolidating a delinquent Federal Consolidation Loan (a Federal
Consolidation Loan is a consolidation loan made under the FFEL
Program) that the lender has submitted to the guaranty agency for
default aversion or a defaulted Federal Consolidation loan, and I am
not including another eligible loan in the consolidation.
F. I may not consolidate an existing Direct Consolidation Loan unless I
include at least one additional eligible loan in the consolidation.
G. I may consolidate an existing Federal Consolidation Loan without
including an additional eligible loan in the consolidation if I am:
Consolidating a delinquent Federal Consolidation Loan that the lender
has submitted to the guaranty agency for default aversion, or
consolidating a defaulted Federal Consolidation Loan, and I agree to
repay my new Direct Consolidation Loan under the REPAYE Plan, the
PAYE Plan, the IBR Plan, or the ICR Plan;
Consolidating a Federal Consolidation Loan to use the Public Service
Loan Forgiveness Program; or
Consolidating a Federal Consolidation Loan to use the no accrual of
interest benefit for active duty service members.
H. If I consolidate my loans, I may no longer be eligible for certain
deferments, subsidized deferment periods, certain types of loan discharges
or loan forgiveness, borrower defenses to repayment based on acts or
omissions of the school I attended, reduced interest rates, or repayment
incentive programs that were available on the loans I am consolidating.
I. If I am consolidating a Perkins Loan:
I will no longer be eligible for interest-free periods while I am enrolled
in school at least half time, in the grace period on my loan, and during
deferment periods; and
I will no longer be eligible for full or partial loan cancellation under the
Perkins Loan Program based on years of service in one of the following
occupations: teacher in a low-income elementary or secondary school;
staff member in an eligible preschool program; special education
teacher; member of the Armed Forces who qualifies for special pay;
Peace Corps volunteer or volunteer under the Domestic Volunteer
Service Act of 1973; law enforcement or corrections officer; attorney
in an eligible defender organization; teacher of mathematics, science,
foreign languages, bilingual education or any other high-need field;
nurse or medical technician providing health care services; employee
of a public or private nonprofit child or family service agency that
services high-risk children from low-income families and their families;
fire fighter; faculty member at a Tribal College or University; librarian;
or speech language pathologist.
J. Any payments I made on the loans I am consolidating before the date of
consolidation will not count toward:
The number of years of qualifying repayment required for loan
forgiveness under the REPAYE Plan, the PAYE Plan, the IBR Plan, or the
ICR Plan (see Item 11 of the Borrower’s Rights and Responsibilities
Statement), or
The 120 qualifying payments required for Public Service Loan
Forgiveness (see Item 18 of the Borrower’s Rights and Responsibilities
Statement).
K. If I am consolidating a Direct PLUS Loan or a Federal PLUS Loan that I
obtained to help pay for my child’s undergraduate education, I am not
eligible to repay my Direct Consolidation Loan under the REPAYE Plan, the
PAYE Plan, or the IBR Plan. However, I may repay my Direct Consolidation
Loan under the ICR Plan.
L. If I am consolidating a Direct Loan Program loan first disbursed before
July 1, 2012 on which I received an up-front interest rebate, and I have not
yet made the first 12 required on-time payments on that loan at the time
the loan is consolidated, I will lose the rebate. This means that the rebate
amount will be added back to the principal balance of the loan before it is
consolidated.
M. ED will give me the opportunity to pay the interest that accrues on the
unsubsidized portion of my Direct Consolidation Loan during deferment
periods (including in-school deferment periods) and on the entire portion of
my Direct Consolidation Loan during forbearance periods. If I do not pay the
interest that accrues during these periods, ED may add the unpaid interest
that accrues to the principal balance of my loan (this is called
“capitalization”) at the end of the deferment or forbearance period.
Capitalization will increase the principal balance on my loan and the total
amount of interest I must pay.
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______________________________________________________________
Borrower’s Name: ________________________________________________________________ Social Security Number: ___ ___ ___ - ___ ___ - ___ ___ ___ ___
BORROWER UNDERSTANDINGS, CERTIFICATIONS, AND AUTHORIZATIONS
(CONTINUED)
N. If I consolidate my loans after I have begun active duty military service,
my new Direct Consolidation Loan will not qualify for the 6% interest rate
limit under the Servicemembers Civil Relief Act as described in Item 7 of the
Borrower’s Rights and Responsibilities Statement during that period of
military service.
O. ED has the authority to verify information reported on this Note with
other federal agencies.
23. Under penalty of perjury, I certify that:
A. The information I have provided on this Note is true, complete, and
correct to the best of my knowledge and belief and is made in good faith.
B. All of the loans I have selected for consolidation have been used to
finance my education or the education of one or more of my children.
C. All of the loans I have selected for consolidation are in a grace period or
in repayment (“in repayment” includes loans in deferment or forbearance).
D. If I owe an overpayment on a Federal Perkins Loan, Federal Pell Grant,
Federal Supplemental Educational Opportunity Grant, Academic
Competitiveness Grant (ACG), National Science and Mathematics Access to
Retain Talent (SMART) Grant, or Leveraging Educational Assistance
Partnership Grant, I have made satisfactory arrangements to repay the
amount owed.
E. If I am in default on any loan I am consolidating, I have either made a
satisfactory repayment arrangement with the holder of that defaulted loan,
or I will repay my Direct Consolidation Loan under the REPAYE Plan, the
PAYE Plan, the IBR Plan, or the ICR Plan, except that I MUST repay my Direct
Consolidation Loan under the REPAYE Plan, the PAYE Plan, the IBR Plan, or
the ICR Plan under the conditions described above in Item 22.E.
F. If I have been convicted of, or if I have pled nolo contendere (no contest)
or guilty to, a crime involving fraud in obtaining funds under a program
authorized under Title IV of the Higher Education Act of 1965, as amended
(HEA), I have fully repaid the funds to ED or to the loan holder in the case of
a Title IV federal student loan. The Title IV, HEA programs include the
Federal Pell Grant, FSEOG, ACG, SMART Grant, Leveraging Educational
Assistance Partnership Grant, Teacher Education Assistance for College and
Higher Education (TEACH) Grant, Federal Work-Study (FWS), Federal Perkins
Loan, Direct Loan, and FFEL programs.
24. I make the following authorizations:
A. I authorize ED to contact the holders of the loans I have selected for
consolidation to determine the eligibility for consolidation and the payoff
amounts of:
The loans listed in the Loans You Want to Consolidate section of this
Note, and
Any of my other federal education loans that are held by a holder of a
loan listed in the Loans You Want to Consolidate section.
I further authorize the release of any information required to consolidate
my education loans, in accordance with the Act, to ED or its agents and
contractors.
B. I authorize ED to issue the proceeds of my Direct Consolidation Loan to
the holders of the selected loans to pay off those loans.
C. I authorize ED and its agents and contractors to investigate my credit
record and report information about my loan status to persons and
organizations permitted by law to receive that information.
D. I authorize my schools, ED, and their agents and contractors to release
information about my Direct Consolidation Loan to the references I provide
and to my immediate family members, unless I submit written directions
otherwise.
E. I authorize my schools, ED, and their agents and contractors to share
information about my loan with each other.
F. I authorize my schools, ED, and their agents and contractors to contact
me regarding my loan request or my loan, including repayment of my loan,
at any cellular telephone number I provide now or in the future using
automated dialing equipment or artificial or prerecorded voice or text
messages.
PROMISE TO PAY
25. I promise to pay ED all sums disbursed under the terms of this Note to
pay off my prior loan obligations, plus interest and other charges and fees
that may become due as provided in this Note.
26. If I do not make a payment on my Direct Consolidation Loan when it is
due, I will also pay reasonable collection costs, including but not limited to
attorney fees, court costs, and other fees.
27. My signature on this Note serves as my authorization to pay off the
balances of the loans I have selected for consolidation as provided by the
holders of the loans.
28. I will not sign this Note before reading the entire Note, even if I am told
not to read it, or told that I am not required to read it. I am entitled to an
exact copy of this Note and the Borrower’s Rights and Responsibilities
Statement.
29. My signature certifies that I have read, understand, and agree to the
terms and conditions of this Note, including the Borrower Understandings,
Certifications, and Authorizations section, and the Borrower’s Rights and
Responsibilities Statement.
I UNDERSTAND THAT THIS IS A LOAN THAT I MUST REPAY.
30. Borrower’s Signature:
Today’s Date (mm-dd-yyyy) ___ ___ - ___ ___ - ___ ___ ___ ___
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signature
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NOTE TERMS AND CONDITIONS
GOVERNING LAW
The terms of this Direct Consolidation Loan Application and Promissory
Note (Note) will be interpreted in accordance with the HEA (20 U.S.C. 1070
et seq.), ED’s regulations, any amendments to the HEA and the regulations
in accordance with the effective date of those amendments, and other
applicable federal laws and regulations. Throughout this Note, we refer to
these laws and regulations collectively as the “Act”.
Under applicable state law, except as preempted by federal law, you may
have certain borrower rights, remedies, and defenses in addition to those
stated in this Note and in the Borrower’s Rights and Responsibilities
Statement.
DISCLOSURE OF LOAN TERMS
This Note applies to a Federal Direct Consolidation Loan (Direct
Consolidation Loan). Under this Note, the principal amount that you owe
and are required to repay will be equal to all sums disbursed to pay off your
prior loans, plus any unpaid interest that is capitalized and added to the
principal balance.
Although you will have a single Direct Consolidation Loan, your loan may
have up to two separate loan identification numbers depending on the
loans you consolidate. These loan identification numbers will represent
prior subsidized loans and prior unsubsidized loans. Each applicable loan
identification number is represented by this Note.
When the loans you are consolidating are paid off, a disclosure statement
will be provided to you. The disclosure will identify the amount of your
Direct Consolidation Loan, the loan identification number(s), and additional
terms of the loan, such as the interest rate and repayment schedule. If you
have questions about the information disclosed, you may contact your
servicer.
The Borrower’s Rights and Responsibilities Statement accompanying this
Note also contains important additional information. The Borrower’s Rights
and Responsibilities Statement and any disclosure you receive in connection
with the loan made under this Note are hereby incorporated into this Note.
We may use a servicer to handle billing and other communications related
to your loan.
INTEREST
Unless we notify you in writing that a different rate will apply, the interest
rate on your Direct Consolidation Loan is a fixed rate that is calculated in
accordance with a formula specified in the Act. The interest rate for a Direct
Consolidation Loan is based on the weighted average of the interest rates
on the loans being consolidated, rounded to the nearest higher one-eighth
of one percent. There is no cap on the interest rate that is determined
under this formula. This is a fixed interest rate, which means that the rate
will remain the same throughout the life of the loan.
If you are in the military and the interest rate on your loan is greater than
6%, you may qualify to have the rate limited to 6% during your period of
service. In addition, under the no accrual of interest benefit for active duty
service members, you are not required to pay the interest that accrues on
any type of Direct Loan Program loan first disbursed on or after October 1,
2008 during periods of qualifying active duty military service (for up to 60
months).
Except as provided under the Act, you must pay the interest that accrues on
your Direct Consolidation Loan during all periods, from the date of
disbursement until the loan is paid in full or discharged. You are not
required to pay the interest that accrues during deferment periods on the
portion of your Direct Consolidation Loan that repaid subsidized loans,
except as explained under the heading Responsibility for Paying All Interest
on All or Part of the Subsidized Portion of a Direct Consolidation Loan (for
First-Time Borrowers on or after July 1, 2013).”
You will be given the opportunity to pay the interest that accrues during
deferment, forbearance, or other periods as provided under the Act. If you
do not pay this interest, we may capitalize the interest (add it to the
principal balance of your loan) at the end of the deferment, forbearance, or
other period.
RESPONSIBILITY FOR PAYING ALL INTEREST ON ALL OR PART OF THE
SUBSIDIZED PORTION OF A DIRECT CONSOLIDATION LOAN (FOR FIRST-
TIME BORROWERS ON OR AFTER JULY 1, 2013)
If you were a first-time borrower on or after July 1, 2013 when you
received a Direct Subsidized Loan and you are now consolidating that loan,
you may be responsible for paying the interest that accrues during all
periods on the portion of your Direct Consolidation Loan that repaid the
Direct Subsidized Loan. See Item 9 of the Borrower’s Rights and
Responsibilities Statement that accompanies this Note for more
information.
LATE CHARGES AND COLLECTION COSTS
We may collect from you:
A late charge of not more than six cents for each dollar of each late
payment if you do not make any part of a required installment
payment within 30 days after it becomes due, and
Any other charges and fees that are permitted by the Act related to
the collection of your Direct Consolidation Loan.
If you default on your loan, you must pay reasonable collection costs, plus
court costs and attorney fees.
REPAYMENT
You must repay the full amount of the Direct Consolidation Loan made
under this Note, plus accrued interest. You will repay your loan in monthly
installments during a repayment period that begins on the date of the first
disbursement of the loan, unless the loan is in a deferment or forbearance
period. Generally, payments that you make or that someone else makes on
your behalf will be applied first to late charges and collection costs that are
due, then to interest that has not been paid, and finally to the principal
amount of the loan. However, any payments made under the REPAYE Plan,
the PAYE Plan, or the IBR Plan will be applied first to interest that is due,
then to fees that are due, and then to the principal amount.
You have a choice of repayment plans. The Borrower’s Rights and
Responsibilities Statement includes information on these repayment plans.
You must select a repayment plan. If you do not select a repayment plan,
we will choose a plan for you in accordance with the Act.
Once you choose a repayment plan, we will provide you with a repayment
schedule that identifies your payment amounts and due dates. Your first
payment will be due within 60 days of the first disbursement of your Direct
Consolidation Loan unless the loan is in a deferment or forbearance period.
If you intend to repay your loan but are unable to make your scheduled loan
payments, we may grant you a forbearance that allows you to temporarily
stop making payments, or to temporarily make a smaller payment amount,
which extends the time for making payments.
We may adjust payment dates on your Direct Consolidation Loan or may
grant you a forbearance to eliminate a delinquency that remains even
though you are making scheduled installment payments.
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NOTE TERMS AND CONDITIONS (CONTINUED)
You may prepay all or any part of the unpaid balance on your loan at any
time without penalty. We will determine how to apply the prepayment in
accordance with the Act.
After you have repaid your Direct Consolidation Loan in full, we will send
you a notice telling you that you have paid off your loan.
ACCELERATION AND DEFAULT
At our option, the entire unpaid balance of your Direct Consolidation Loan
will become immediately due and payable (this is called “acceleration”) if
either of the following events occurs:
1. You make a false representation that results in your receiving a loan
for which you are not eligible; or
2. You default on the loan.
You will be considered in default on your loan if:
1. The full unpaid balance of the loan becomes immediately due and
payable because event 1 above occurs and you do not pay the amount
due;
2. You do not make installment payments when due and your failure to
make payments has continued for at least 270 days; or
3. You do not comply with other terms of the loan, and we reasonably
conclude that you no longer intend to honor your repayment
obligation.
If you default, we may capitalize all outstanding interest. This will increase
the principal balance of your loan, and the full amount of the loan, including
the new principal balance and collection costs, will become immediately
due and payable.
If you default, the default will be reported to nationwide consumer
reporting agencies (credit bureaus) and will significantly and adversely
affect your credit history. A default will have additional adverse
consequences as explained in the Borrower’s Rights and Responsibilities
Statement. Following default, you may be required to repay the loan
(potentially including amounts in excess of the principal and interest) under
the IBR Plan, the PAYE Plan, the REPAYE Plan, or the ICR Plan in accordance
with the Act.
LEGAL NOTICES
Any notice required to be given to you will be effective if it is sent by first
class mail to the most recent address that we have for you, by electronic
means to an email address you have provided, or by any other method of
notification that is permitted or required by applicable law and regulation.
You must immediately notify us of a change in your contact information or
status as specified in the Borrower’s Rights and Responsibilities Statement
under “Information you must report to us.
If we do not enforce or insist on compliance with any term of this Note, this
does not waive any of our rights. No provision of this Note may be modified
or waived unless we do so in writing. If any provision of this Note is
determined to be unenforceable, the remaining provisions will remain in
force.
Information about your loan will be submitted to the National Student Loan
Data System (NSLDS). Information in NSLDS is accessible to schools, lenders,
and guarantors for specific purposes that we authorize.
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IMPORTANT NOTICES
GRAMM-LEACH-BLILEY ACT NOTICE
In 1999, Congress enacted the Gramm-Leach-Bliley Act (Public Law 106-
102). This Act requires that lenders provide certain information to their
customers regarding the collection and use of nonpublic personal
information.
We disclose nonpublic personal information to third parties only as
necessary to process and service your loan and as permitted by the Privacy
Act of 1974. See the Privacy Act Notice below. We do not sell or otherwise
make available any information about you to any third parties for marketing
purposes.
We protect the security and confidentiality of nonpublic personal
information by implementing the following policies and practices. All
physical access to the sites where nonpublic personal information is
maintained is controlled and monitored by security personnel. Our
computer systems offer a high degree of resistance to tampering and
circumvention. These systems limit data access to our staff and contract
staff on a “need-to-know” basis, and control individual users’ ability to
access and alter records within the systems. All users of these systems are
given a unique user ID with personal identifiers. All interactions by
individual users with the systems are recorded.
PRIVACY ACT NOTICE
The Privacy Act of 1974 (5 U.S.C. 552a) requires that the following notice be
provided to you:
The authority for collecting the requested information from and about you
is §451 et seq. of the Higher Education Act (HEA) of 1965, as amended (20
U.S.C. 1087a et seq.) and the authorities for collecting and using your Social
Security Number (SSN) are §484(a)(4) of the HEA (20 U.S.C. 1091(a)(4)) and
31 U.S.C. 7701(b). Participating in the William D. Ford Federal Direct Loan
(Direct Loan) Program and giving us your SSN are voluntary, but you must
provide the requested information, including your SSN, to participate.
The principal purposes for collecting the information on this form, including
your SSN, are to verify your identity, to determine your eligibility to receive
a loan or a benefit on a loan (such as a deferment, forbearance, discharge,
or forgiveness) under the Direct Loan Program, to permit the servicing of
your loan(s), and, if it becomes necessary, to locate you and to collect and
report on your loan(s) if your loan(s) become delinquent or in default. We
also use your SSN as an account identifier and to permit you to access your
account information electronically.
The information in your file may be disclosed, on a case-by-case basis or
under a computer matching program, to third parties as authorized under
routine uses in the appropriate systems of records notices. The routine uses
of this information include, but are not limited to, its disclosure to federal,
state, or local agencies, to private parties such as relatives, present and
former employers, business and personal associates, to consumer reporting
agencies, to financial and educational institutions, and to guaranty agencies
in order to verify your identity, to determine your eligibility to receive a loan
or a benefit on a loan, to permit the servicing or collection of your loan(s),
to enforce the terms of the loan(s), to investigate possible fraud and to
verify compliance with federal student financial aid program regulations, or
to locate you if you become delinquent in your loan payments or if you
default. To provide default rate calculations, disclosures may be made to
guaranty agencies, to financial and educational institutions, or to state
agencies. To provide financial aid history information, disclosures may be
made to educational institutions. To assist program administrators with
tracking refunds and cancellations, disclosures may be made to guaranty
agencies, to financial and educational institutions, or to federal or state
agencies. To provide a standardized method for educational institutions to
efficiently submit student enrollment status, disclosures may be made to
guaranty agencies or to financial and educational institutions. To counsel
you in repayment efforts, disclosures may be made to guaranty agencies, to
financial and educational institutions, or to federal, state, or local agencies.
In the event of litigation, we may send records to the Department of Justice,
a court, adjudicative body, counsel, party, or witness if the disclosure is
relevant and necessary to the litigation. If this information, either alone or
with other information, indicates a potential violation of law, we may send it
to the appropriate authority for action. We may send information to
members of Congress if you ask them to help you with federal student aid
questions. In circumstances involving employment complaints, grievances,
or disciplinary actions, we may disclose relevant records to adjudicate or
investigate the issues. If provided for by a collective bargaining agreement,
we may disclose records to a labor organization recognized under 5 U.S.C.
Chapter 71. Disclosures may be made to our contractors for the purpose of
performing any programmatic function that requires disclosure of records.
Before making any such disclosure, we will require the contractor to
maintain Privacy Act safeguards. Disclosures may also be made to qualified
researchers under Privacy Act safeguards.
FINANCIAL PRIVACY ACT NOTICE
Under the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401-3421), ED
will have access to financial records in your student loan file maintained in
compliance with the administration of the Direct Loan Program.
PAPERWORK REDUCTION NOTICE
According to the Paperwork Reduction Act of 1995, no persons are required
to respond to a collection of information unless the collection displays a
valid OMB control number. The valid OMB control number for this
information collection is 1845-0053. Public reporting burden for this
collection of information is estimated to average 30 minutes (0.5 hours) per
response, including time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. The obligation to respond to this
collection is required to obtain a benefit in accordance with 34 CFR
685.201(c)(1).
If you have comments or concerns regarding the status of your individual
submission of this form, contact:
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AGE 9 OF 17
WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
DIRECT CONSOLIDATION LOAN BORROWER’S RIGHTS AND RESPONSIBILITIES STATEMENT
IMPORTANT NOTICE
This Borrower’s Rights and Responsibilities Statement provides additional
information about the terms and conditions of the loan you will receive
under the accompanying Federal Direct Consolidation Loan (Direct
Consolidation Loan) Application and Promissory Note (Note). Please keep a
copy of the Note and this Borrower’s Rights and Responsibilities Statement
for your records. You may request another copy of this Borrower’s Rights
and Responsibilities Statement at any time by contacting your servicer.
Throughout this Borrower’s Rights and Responsibilities Statement, the
words “we,” “us,” and “our” refer to the U.S. Department of Education.
1. THE WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
The William D. Ford Federal Direct Loan (Direct Loan) Program includes the
following types of loans, known collectively as “Direct Loans”:
Federal Direct Stafford/Ford Loans (Direct Subsidized Loans)
Federal Direct Unsubsidized Stafford/Ford Loans (Direct Unsubsidized
Loans)
Federal Direct PLUS Loans (Direct PLUS Loans)
Federal Direct Consolidation Loans (Direct Consolidation Loans)
The Direct Loan Program is authorized by Title IV, Part D, of the Higher
Education Act of 1965, as amended (HEA), 20 U.S.C. 1070 et seq.
Direct Loans are made by the U.S. Department of Education. We contract
with servicers to process Direct Loan payments, deferment and forbearance
requests, and other transactions, and to answer questions about Direct
Loans. Your servicer will provide you with its address and telephone
number. It is important to keep in contact with your servicer.
2. LAWS THAT APPLY TO THIS NOTE
The terms and conditions of loans made under this Note are determined by
the HEA and other applicable federal laws and regulations. These laws and
regulations are referred to as “the Act” throughout this Borrower’s Rights
and Responsibilities Statement. Under applicable state law, except as
preempted by federal law, you may have certain borrower rights, remedies,
and defenses in addition to those stated in the Note and this Borrower’s
Rights and Responsibilities Statement.
NOTE: Any amendment to the Act that affects the terms of this Note will
be applied to your loan in accordance with the effective date of the
amendment.
3. DIRECT CONSOLIDATION LOAN IDENTIFICATION NUMBERS
Depending on the type(s) of federal education loan(s) that you choose to
consolidate, your Direct Consolidation Loan may have up to two individual
loan identification numbers. However, you will have only one Direct
Consolidation Loan and will receive only one bill.
3a. The subsidized portion of your Direct Consolidation Loan (“Direct
Subsidized Consolidation Loan”) will have one loan identification number
representing the amount of the following types of loans that you
consolidate:
Subsidized Federal Stafford Loans
Direct Subsidized Loans
Subsidized Federal Consolidation Loans
Direct Subsidized Consolidation Loans
Federal Insured Student Loans (FISL)
Guaranteed Student Loans (GSL)
3b. The unsubsidized portion of your Direct Consolidation Loan (“Direct
Unsubsidized Consolidation Loan”) will have one identification number
representing the amount of the following types of loans that you
consolidate:
Unsubsidized and Nonsubsidized Federal Stafford Loans
Direct Unsubsidized Loans
Unsubsidized Federal Consolidation Loans
Direct Unsubsidized Consolidation Loans
Federal PLUS Loans (for parents or for graduate and professional
students)
Direct PLUS Loans (for parents or for graduate and professional
students)
Direct PLUS Consolidation Loans
Federal Perkins Loans
National Direct Student Loans (NDSL)
National Defense Student Loans (NDSL)
Federal Supplemental Loans for Students (SLS)
Auxiliary Loans to Assist Students (ALAS)
Health Professions Student Loans (HPSL)
Health Education Assistance Loans (HEAL)
Nursing Student Loans (NSL) and Nurse Faculty Loans
Loans for Disadvantaged Students (LDS)
4. ADDING ELIGIBLE LOANS TO YOUR DIRECT CONSOLIDATION LOAN
You may add eligible loans to your Direct Consolidation Loan by submitting
a request to us within 180 days of the date your Direct Consolidation Loan is
made. (Your Direct Consolidation Loan is “made” on the date we pay off the
first loan that you are consolidating.) After we pay off any loans that you
add during the 180-day period, we will notify you of the new total amount
of your Direct Consolidation Loan and of any adjustments that must be
made to your monthly payment amount and/or interest rate.
If you want to consolidate any additional eligible loan(s) after the 180-day
period, you must apply for a new Direct Consolidation Loan.
5. LOANS THAT MAY BE CONSOLIDATED
General
Only the federal education loans listed in Items 3a.and 3b. of this
Borrower’s Rights and Responsibilities Statement may be consolidated into
a Direct Consolidation Loan. You may only consolidate loans that are in a
grace period or in the repayment period (including loans in deferment or
forbearance).
Defaulted loans
You may consolidate a loan that is in default if:
You first make satisfactory repayment arrangements with the holder
of the defaulted loan, or
You agree to repay your Direct Consolidation Loan under the REPAYE
Plan, the PAYE Plan, the IBR Plan, or the ICR Plan (see Item 11).
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AGE 10 OF 17
WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
DIRECT CONSOLIDATION LOAN BORROWER’S RIGHTS AND RESPONSIBILITIES STATEMENT
Existing consolidation loans
You may not consolidate an existing Direct Consolidation Loan unless you
include at least one additional eligible loan in the consolidation.
You
may consolidate an existing Federal Consolidation Loan (a Federal
Consolidation Loan is a consolidation loan that was made under the FFEL
Program) into a new Direct Consolidation Loan without including an
additional loan if you are:
Consolidating a delinquent Federal Consolidation Loan that the lender
has submitted to the guaranty agency for default aversion, or
consolidating a defaulted Federal Consolidation Loan, and you agree
to repay your new Direct Consolidation Loan under the REPAYE Plan,
the PAYE Plan, the IBR Plan, or the ICR Plan;
Consolidating a Federal Consolidation Loan to use the Public Service
Loan Forgiveness program described in Item 18 of this Borrower’s
Rights and Responsibilities Statement; or
Consolidating a Federal Consolidation Loan to use the no accrual of
interest benefit for active duty service members described in Item 8.
You may not consolidate an existing joint consolidation loan. A joint
consolidation loan is a Direct Consolidation Loan or a Federal Consolidation
that was made jointly to you and your spouse.
6. INFORMATION YOU MUST REPORT TO US
Until your loan is repaid, you must notify your servicer if you:
Change your address or telephone number;
Change your name (for example, maiden name to married name);
Change your employer or your employer’s address or telephone
number changes; or
Have any other change in status that would affect your loan (for
example, if you receive a deferment while you are unemployed, but
you find a job and therefore no longer meet the eligibility
requirements for the deferment).
7. INTEREST RATE
The interest rate on your Direct Consolidation Loan will be the weighted
to average of the interest rates on the loans you are consolidating, rounded
the nearest higher one-eighth of one percent. There is no cap on the
interest rate that is determined under this formula. We will send you a
notice that tells you the interest rate on your loan.
The interest rate on a Direct Consolidation Loan is a fixed rate. This means
that the interest rate will remain the same throughout the life of your loan.
Servicemembers Civil Relief Act
If you are in military service, you may qualify for a lower interest rate on
your loans.
Under the Servicemembers Civil Relief Act (SCRA), the interest rate on loans
you received before you began your military service may be limited to 6%
during your military service. In most cases, your servicer will determine if
you are eligib
le for this benefit based on information from the U.S.
Department of Defense, and, if any of your qualifying loans have an interest
rate greater than 6%, will automatically reduce that rate to 6% during your
military service. If you think you qualify for the 6% interest rate but have
not received it, contact your servicer. Your servicer can also provide more
information about this benefit.
Because the SCRA interest rate benefit applies only to loans obtained prior
to military service, if you consolidate your loans after you have entered a
period of active duty military service, your new Direct Consolidation Loan
will not
be eligible for the 6% interest rate limit under the SCRA for that
period of active duty.
If you consolidate loans you obtained prior to a period of active duty
military service and the interest rate on those loans is reduced to 6% under
the SCRA, the 6% interest rate will be used to determine the fixed weighted
average interest rate on your Direct Consolidation Loan.
8. PAYMENT OF INTEREST
General
In general, interest accrues on a Direct Consolidation Loan from the date
the loan is made until it is paid in full or discharged. You are responsible for
pa
ying the interest that accrues as explained below.
Payment of interest on a Direct Subsidized Consolidation Loan
Except as explained in Item 9 of this Borrower’s Rights and Responsibilities
Statement, you are not required to pay the interest that accrues on a Direct
Subsidized Consolidation Loan (see Item 3a. of this Borrower’s Rights and
Responsibilities Statement) during deferment periods, and during certain
periods of repayment under the REPAYE Plan, the PAYE Plan, and the IBR
Plan. Except as explained below under No accrual of interest benefit for
active duty service members, you are responsible for paying the interest
that accrues on a Direct Subsidized Consolidation Loan during all other
periods.
If you were a first-time borrower on or after July 1, 2013 when you received
a Direct Subsidized Loan that you are now consolidating, you may be
responsible for paying the interest that accrues during all periods on the
portion of your Direct Consolidation Loan that repaid the Direct Subsidized
Loan, as explained in Item 9 of this Borrower’s Rights and Responsibilities
Statement.
Payment of interest on a Direct Unsubsidized Consolidation Loan
Except as explained below for certain borrowers who are active duty service
members, and during certain periods of repayment under the REPAYE Plan,
you are responsible for paying the interest that accrues on a Direct
Unsubsidized Consolidation Loan (see Item 3b. of this Borrower’s Rights and
Responsibilities Statement) during all periods.
No accrual of interest benefit for active duty service members
Under the no accrual of interest benefit for active duty service members,
you are not required to pay the interest that accrues during periods of
qualifying active duty military service (for up to 60 months) on the portion
of a Direct Consolidation Loan that repaid a Direct Loan Program or FFEL
Program loan first disbursed on or after October 1, 2008.
Interest capitalization
If you do not pay the interest as it accrues on either a Direct Subsidized
Consolidation Loan or a Direct Unsubsidized Consolidation Loan (during
p
eriods when you are responsible for paying the interest), we will add the
accrued interest to the unpaid principal balance of your loan at the end of
the deferment or forbearance period. This is called “capitalization.”
Capitalization increases the unpaid principal balance of your loan, and
interest then accrues on the increased principal balance.
The chart that follows shows the difference in the total amount you would
repay on a $15,000 Direct Unsubsidized Consolidation Loan if you pay the
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interest as it accrues during a 12-month deferment or forbearance period,
compared to the amount you would repay if you do not pay the interest and
it is capitalized.
The example in the chart shows payments made under the Standard
Repayment Plan (with a repayment period of 15 years based on the amount
of the Direct Consolidation Loan) at an interest rate of 8.25%. In this
example, you would pay $12 less per month and $912 less altogether if you
pay the interest as it accrues during a 12-month deferment or forbearance
period.
If you pay the interest
as it accrues…
If you do not pay
the interest and it
is capitalized…
Loan Amount $15,000 $15,000
Interest for 12 Months $1,238 $1,238
(paid as accrued) (unpaid and
capitalized)
Principal to be Repaid $15,000 $16,238
Monthly Payment $146 $158
Number of Payments 180 180
Total Repaid $27,447 $28,359
Federal income tax deduction
You may be able to claim a federal income tax deduction for interest
payments you make on Direct Loans. For further information, refer to IRS
Publication 970, which is available at http://www.irs.ustreas.gov.
9. RESPONSIBILITY FOR PAYING ALL INTEREST ON ALL OR PART OF THE
SUBSIDIZED PORTION OF A DIRECT CONSOLIDATION LOAN (FOR FIRST-
TIME BORROWERS ON OR AFTER JULY 1, 2013)
If you were a first-time borrower on or after July 1, 2013 (see Note below)
when you received a Direct Subsidized Loan and you are now consolidating
that loan, you may be responsible for paying the interest that accrues
during all periods on the portion of your Direct Consolidation Loan that
repaid the Direct Subsidized Loan, as explained below.
There is a limit on the maximum period of time (measured in academic
years) for which a first-time borrower on or after July 1, 2013 can receive
Direct Subsidized Loans. In general, a first-time borrower may not receive
Direct Subsidized Loans for more than 150% of the published length of his
or her program of study. This is called the “maximum eligibility period.”
Generally, a first-time borrower on or after July 1, 2013 will become
responsible for paying the interest that accrues during all periods on
previously received Direct Subsidized Loans if the borrower:
Continues to be enrolled in any undergraduate program after having
received Direct Subsidized Loans for his or her maximum eligibility
period, or
Enrolls in another undergraduate program that is the same length as
or shorter than the borrower’s previous program.
There are a few exceptions to this rule. Your school or servicer can provide
you with more information about this requirement and the exceptions.
You must pay the interest that accrues during all periods (including
deferment periods) on the portion of your Direct Consolidation Loan that
repaid a Direct Subsidized Loan you received as a first-time borrower on or
after July 1, 2013 if:
Before consolidating the D irect Subsidized Loan, you become responsible
for paying all interest that accrues on that loan, as explained above; or
After consolidating the Direct Subsidized Loan you become responsible
for paying all interest that accrues on that loan, as explained
above.
Note:
A first-time borrower
on or after July 1, 2013 is an individual who has
no outstanding balance on a Direct Loan Program loan or a Federal Family
Education Loan (FFEL) Program loan
on July 1, 2013, or who has no
outstanding balance
on a Direct Loan
or FFEL program loan on the date he
or she obtains a Direct Loan Program loan after July 1, 2013.
10. INTEREST RATE REDUCTION FOR AUTOMATIC WITHDRAWAL OF
PAYMENTS
Under the automatic withdrawal option, your bank automatically deducts
your monthly loan payment from your checking or savings account and
sends it to us. Automatic withdrawal helps to ensure that your payments
are made on time. In addition, you
receive a 0.25% interest rate reduction
while you repay under
the automatic withdrawal option.
Your servicer will
provide you with information about the automatic withdrawal option. You
can also get the
information on your
servicer’s web site, or by calling your
servicer. Your servicer’s web site address and toll-free telephone number
are provided on correspondence that your servicer sends you.
Note: Another repayment incentive program, the up-front interest rebate,
was available on Direct Subsidized Loans, Direct Unsubsidized Loans, and
Direct PLUS Loans that were first disbursed before July 1, 2012. The rebate
is equal to a percentage of the loan amount, and is the same amount that
would result if the interest rate on the loan were lowered by a specific
percentage. To permanently keep an up-front interest rebate, a borrower
must make each of the first 12 required monthly payments on time when
the loan enters repayment. If you consolidate a Direct Loan on which you
received an up-front interest rebate before you have permanently earned
the rebate (the correspondence you received about your loan will tell you if
you received a rebate), you will lose the rebate. The rebate amount will be
added back to the principal balance of the loan before it is consolidated.
11. REPAYING YOUR LOAN
General
WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
DIRECT CONSOLIDATION LOAN BORROWER’S RIGHTS AND RESPONSIBILITIES STATEMENT
Unless you receive a deferment or forbearance on your loan (see Item 17),
your first payment will be due within 60 days of the first disbursement of
your Direct Consolidation Loan. Your servicer will notify you of the date your
first payment is due.
You must make payments on your loan even if you do not receive a bill or
repayment notice.
You must repay all of your Direct Loans under the same repayment plan,
unless you want to repay your loans under the REPAYE Plan, the PAYE Plan,
the IBR Plan, or the ICR Plan (see below) and you have other Direct Loans
that do not qualify for repayment under those plans. In that case, you may
select the REPAYE, PAYE, IBR, or ICR plan for the loans that are eligible for
repayment under those plans, and may select a different repayment plan
for the loans that may not be repaid under the REPAYE, PAYE, IBR, or ICR
plan. Direct Consolidation Loans that repaid Direct PLUS Loans or FFEL
Program PLUS Loans made to parent borrowers may not be repaid under
the REPAYE, PAYE, or IBR plans. However, they may be repaid under the ICR
Plan.
We will ask you to choose a repayment plan for your Direct Consolidation
Loan. If you do not choose a repayment plan, we will place you on the
Standard Repayment Plan.
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AGE 12 OF 17
WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
DIRECT CONSOLIDATION LOAN BORROWER’S RIGHTS AND RESPONSIBILITIES STATEMENT
Repayment plans for all Direct Consolidation Loans
You may choose the Standard Repayment Plan, the Graduated Repayment
Plan, the Extended Repayment Plan, or the Income-Contingent Repayment
Plan to repay any Direct Consolidation Loan.
Standard Repayment Plan
Under the Standard Repayment Plan, you will make fixed monthly payments
and repay your loan in full within 10 to 30 years (not including periods of
deferment or forbearance) from the date the loan entered repayment,
depending on the amount of your Direct Consolidation Loan and the
amount of your other student loan debt (not to exceed the amount you are
consolidating) as listed in the Loans You Do Not Want to Consolidate
section of your Note (see the chart below). Your payments must be at least
$50 a month ($600 a year) and will be more, if necessary, to repay the loan
within the required time period.
Graduated Repayment Plan
Under the Graduated Repayment Plan, you will usually make lower
payments at first, and your payments will gradually increase over time. You
will repay your loan in full within 10 to 30 years (not including periods of
deferment or forbearance) from the date the loan entered repayment,
depending on the total amount of your Direct Consolidation Loan and the
amount of your other student loan debt (not to exceed the amount you are
consolidating) as listed in Loans You Do Not Want to Consolidate section of
your Note (see the chart below). Your scheduled monthly payment must at
least be equal to the amount of interest that accrues each month. No single
scheduled payment will be more than three times greater than any other
payment.
Standard and Graduated Plans: Maximum Repayment Periods
Total Education Loan Indebtedness
Maximum Repayment Period
Less than $7,500
10 years
$7,500 to $9,999
12 years
$10,000 to $19,999
15 years
$20,000 to $39,999
20 years
$40,000 to $59,999
25 years
$60,000 or more
30 years
Extended Repayment Plan
You are eligible for the Extended Repayment Plan only if (1) you have an
outstanding balance on Direct Loans that exceeds $30,000, and (2) you had
no outstanding balance on a Direct Loan as of October 7, 1998, or on the
date you obtained a Direct Loan on or after October 7, 1998.
Under this plan, you will repay your loan in full over a period not to exceed
25 years (not including periods of deferment or forbearance) from the date
the loan entered repayment. You may choose to make fixed monthly
payments or graduated monthly payments that start out lower and
gradually increase over time. If you make fixed monthly payments, your
payments must be at least $50 a month ($600 a year) and will be more, if
necessary, to repay the loan within the required time period. If you make
graduated payments, your scheduled monthly payment must at least be
equal to the amount of interest that accrues each month. No single
scheduled payment under the graduated option will be more than three
times greater than any other payment.
I
ncome-Contingent Repayment Plan (ICR Plan)
Under the ICR plan, your monthly payment amount will be either 20% of
your discretionary income or a percentage of what you would repay under a
Standard Repayment Plan with a 12-year repayment period, whichever is
less. Discretionary income for this plan is the difference between your
adjusted gross income and the poverty guideline amount for your state of
residence and family size, divided by 12.
If you are married and file a joint federal income tax return, the income
used to determine your ICR Plan payment amount will be the combined
adjusted gross income of you and your spouse.
If you are married and file a separate federal income tax return from your
spouse, only your individual adjusted gross income will be used to
determine your ICR Plan payment amount.
Until we obtain the information needed to calculate your monthly payment
amount, your payment will equal the amount of interest that accrues
monthly on your loan unless you request a forbearance.
While you are repaying under the ICR Plan, you must provide
documentation of your income and certify your family size each year so that
we may recalculate your payment amount.
Under the ICR Plan, if your loan is not repaid in full after you have made the
equivalent of 25 years of qualifying monthly payments over a period of at
least 25 years have elapsed, any remaining loan amount will be forgiven.
You may have to pay federal income tax on the loan amount that is
forgiven.
Additional repayment plans for Direct Consolidation Loans that did not
r
epay parent PLUS loans
Note: Direct Consolidation Loans that repaid parent plus loans may not be
repaid under these plans
A parent PLUS loan is a Direct PLUS Loan or FFEL PLUS Loan that you
obtained to help pay for your child’s undergraduate education.
If you are not consolidating any parent PLUS loans, you may also choose the
REPAYE Plan, the PAYE Plan, or the IBR Plan to repay your Direct
Consolidation Loan.
If you are consolidating a parent PLUS loan, you may not choose the REPAYE
Plan, the PAYE Plan, or the IBR Plan, but you may choose the ICR Plan (see
above).
Revised Pay As You Earn Repayment Plan (REPAYE Plan)
Under the REPAYE Plan, your monthly payment amount is generally 10% of
your discretionary income. Discretionary income for this plan is the
difference between your adjusted gross income and 150% of the poverty
guideline amount for your state of residence and family size, divided by 12.
If you are married, the income used to determine your REPAYE Plan
payment amount will generally be the combined income of you and your
spouse, regardless of whether you file a joint or separate federal income tax
return.
While you are repaying under the REPAYE Plan, you must provide
documentation of your income (and, if you are married, your spouse’s
income) and certify your family size each year so that we may recalculate
your payment amount.
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AGE 13 OF 17
WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
DIRECT CONSOLIDATION LOAN BORROWER’S RIGHTS AND RESPONSIBILITIES STATEMENT
Under the REPAYE Plan, if all of the loans you are repaying under the plan
were obtained for undergraduate study, any remaining loan amount will be
forgiven after you have made the equivalent of 20 years of qualifying
monthly payments over a period of at least 20 years. If any of the loans you
are repaying under the REPAYE Plan were obtained for graduate or
professional study, any remaining loan amount will be forgiven after you
have made the equivalent of 25 years of qualifying monthly payments over
a period of at least 25 years. You may have to pay federal income tax on the
loan amount that is forgiven.
Pay As You Earn Repayment Plan (PAYE Plan)
Under the PAYE Plan, your monthly payment amount is generally 10% of
your discretionary income. Discretionary income for this plan is the
difference between your adjusted gross income and 150% of the poverty
guideline amount for your state of residence and family size, divided by 12.
If you are married and file a joint federal income tax return, the income
used to determine your PAYE Plan payment amount will be the combined
adjusted gross income of you and your spouse.
If you are married and file a separate federal income tax return from your
spouse, only your individual adjusted gross income will be used to
determine your PAYE Plan payment amount.
The PAYE Plan is available only to new borrowers. You are a new borrower
for the PAYE Plan if:
1. You had no outstanding balance on a Direct Loan or a FFEL Program
loan as of October 1, 2007, or you have no outstanding balance on a
Direct Loan or a FFEL Program loan when you obtain a new loan on or
after October 1, 2007, and
2. You receive a disbursement of a Direct Subsidized Loan, Direct
Unsubsidized Loan, or student Direct PLUS Loan (a Direct PLUS Loan
made to a graduate or professional student) on or after October 1,
2011, or you receive a Direct Consolidation Loan based on an
application received on or after October 1, 2011. However, you are
not considered to be a new borrower for the PAYE Plan if the Direct
Consolidation Loan you receive repays loans that would make you
ineligible under part 1 of this definition.
In addition to being a new borrower, to initially qualify for the PAYE Plan,
the monthly amount you would be required to pay under this plan, based
on your income and family size, must be less than the amount you would
have to pay under the Standard Repayment Plan with a 10-year repayment
period.
If you are married and file a joint federal income tax return, the loan
amount we use to determine whether you qualify for the PAYE Plan will
include your eligible loans and your spouse’s eligible loans.
If you are married and file a separate federal income tax return from your
spouse, the loan amount we use to determine whether you qualify for the
PAYE Plan will include only your eligible loans.
While you are repaying under the PAYE Plan, you must provide
documentation of your income and certify your family size each year so that
we may recalculate your payment amount. If your income increases to the
point that the amount you would have to pay under the PAYE Plan based on
your income is more than what you would have to pay under the Standard
Repayment Plan, you will remain on the PAYE Plan, but your monthly
payment will no longer be based on your income. Instead, your monthly
payment will be what you would be required to pay under the Standard
Repayment Plan.
Under the PAYE Plan, if your loan is not repaid in full after you have made
the equivalent of 20 years of qualifying monthly payments over a period of
at least 20 years, any remaining loan amount will be forgiven. You may have
to pay federal income tax on the loan amount that is forgiven.
Income-Based Repayment Plan (IBR Plan)
Under the IBR Plan, your monthly payment amount is generally 15% (10% if
you are a new borrower; see Note below) of your discretionary income.
Discretionary income for this plan is the difference between your adjusted
gross income and 150% of the poverty guideline amount for your state of
residence and family size, divided by 12.
If you are married and file a joint federal income tax return, the income
used to determine your IBR Plan payment amount will be the combined
adjusted gross income of you and your spouse.
If you are married and file a separate federal income tax return from your
spouse, only your individual adjusted gross income will be used to
determine your IBR Plan payment amount.
To initially qualify for the IBR Plan, the monthly amount you would be
required to pay under this plan, based on your income and family size, must
be less than the amount you would have to pay under the Standard
Repayment Plan with a 10-year repayment period.
If you are married and file a joint federal income tax return, the loan
amount we use to determine whether you qualify for the IBR Plan will
include your eligible loans and your spouse’s eligible loans.
If you are married and file a separate federal income tax return from your
spouse, the loan amount we use to determine whether you qualify for the
IBR Plan will include only your eligible loans.
While you are repaying under the IBR Plan, you must provide
documentation of your income and certify your family size each year so that
we may recalculate your payment amount. If your income increases to the
point that the amount you would have to pay under the IBR Plan based on
your income is more than what you would have to pay under the Standard
Repayment Plan with a 10-year repayment period, you will remain on the
IBR Plan, but your monthly payment will no longer be based on your
income. Instead, your monthly payment will be what you would be required
to pay under the Standard Repayment Plan with a 10-year repayment
period.
Under the IBR Plan, if your loan is not repaid in full after you have made the
equivalent of 25 years (20 years if you are a new borrower) of qualifying
monthly payments over a period of at least 25 years (20 years if you are a
new borrower), any remaining loan amount will be forgiven. You may have
to pay federal income tax on the loan amount that is forgiven.
Note: You are a new borrower for the IBR Plan if you have no outstanding
balance on a Direct Loan or a FFEL Program loan on July 1, 2014, or if you
have no outstanding balance on a Direct Loan or a FFEL Program loan on the
date you obtain a Direct Loan after July 1, 2014. Your servicer will determine
whether you are a new borrower based on the information about your
loans in the U.S. Department of Education’s National Student Loan Data
System.
Additional repayment plan information
If you can show to our satisfaction that the terms and conditions of the
repayment plans described above are not adequate to meet your
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WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
DIRECT CONSOLIDATION LOAN BORROWER’S RIGHTS AND RESPONSIBILITIES STATEMENT
exceptional circumstances, we may provide you with an alternative
repayment plan.
You can use the Repayment Estimator at StudentAid.gov/Repayment-
Estimator to estimate your monthly and total payment amounts under the
different repayment plans and to evaluate your eligibility for the PAYE and
IBR plans. The calculators are for informational purposes only. Your servicer
will make the official determination of your payment amount and, for the
PAYE and IBR plans, your eligibility for the plan.
You may change repayment plans at any time after you have begun
repaying your loan. However, you may not change to a different repayment
plan that has a maximum repayment period of less than the number of
years your loan has already been in repayment, except that you may change
to the REPAYE Plan, the PAYE Plan, the IBR Plan, or the ICR Plan at any time.
If you are making payments under any repayment plan other than the
REPAYE Plan, the PAYE Plan, and the IBR Plan, we apply your payments in
the following order:
1. Late charges and collection costs,
2. Outstanding interest, and
3. Outstanding principal.
If you are making payments under the REPAYE Plan, the PAYE Plan, or the
IBR Plan, we apply your payments in the following order:
1. Outstanding interest,
2. Late charges and collection costs, and
3. Outstanding principal.
There is no penalty if you make loan payments before they are due, or pay
more than the amount due each month (prepayments). We apply any
prepayments in accordance with the Act. Your servicer can provide more
information about how prepayments are applied.
When you have repaid your loan in full, your servicer will send you a notice
telling you that you have paid off your loan. You should keep this notice in a
safe place.
12. TRANSFER OF LOAN
We may transfer the servicing of one or all of your loans to another servicer.
If there is a change in the address to which you must send payments or
direct communications, we will notify you of the new servicer’s name,
address and telephone number, the effective date of the transfer, and the
date when you must begin sending payments or directing communications
to that servicer. Transfer of a loan to a different servicer does not affect
your rights and responsibilities under that loan.
13. LATE CHARGES AND COLLECTION COSTS
If you do not make any part of a payment within 30 days after it is due, we
may require you to pay a late charge. This charge will not be more than six
cents for each dollar of each late payment. If you do not make payments as
scheduled, we may also require you to pay other charges and fees involved
in collecting your loan.
14. DEMAND FOR IMMEDIATE REPAYMENT
The entire unpaid amount of your loan becomes due and payable (this is
called “acceleration”) if you:
Make a false statement that causes you to receive a loan that you are
not eligible to receive; or
Default on your loan.
15. DEFAULTING ON YOUR LOAN
Default (failing to repay your loan) is defined in detail in the Note Terms and
Conditions section of this Note. If you default:
We will require you to immediately repay the entire unpaid amount of
your loan.
We may sue you, take all or part of your federal and state tax refunds
and other federal or state payments, and/or garnish your wages so
that your employer is required to send us part of your salary to pay off
your loan.
We will require you to pay reasonable collection fees and costs, plus
court costs and attorney fees.
You will lose eligibility for other federal student aid and assistance
under most federal benefit programs.
You will lose eligibility for loan deferments.
We will report your default to nationwide consumer reporting
agencies (see Item 16). This will harm your credit history and may
make it difficult for you to obtain credit cards, home or car loans, or
other forms of consumer credit.
If you default on your loan, you will not be charged collection costs if you
respond within 60 days to the initial notice of default that we send to you,
and you enter into a repayment agreement with us, including a loan
rehabilitation agreement, and fulfill that agreement.
16. CONSUMER REPORTING AGENCY NOTIFICATION
We will report information about your loan to nationwide consumer
reporting agencies (commonly known as “credit bureaus”) on a regular
basis. This information will include the disbursement dates, amount, and
repayment status of your loan (for example, whether you are current or
delinquent in making payments). Your loan will be identified as an
education loan.
If you default on a loan, we will report this to nationwide consumer
reporting agencies. We will notify you at least 30 days in advance that we
plan to report default information to a consumer reporting agency unless
you resume making payments on the loan within 30 days of the date of the
notice. You will be given a chance to ask for a review of the debt before we
report it.
If a consumer reporting agency contacts us regarding objections you have
raised about the accuracy or completeness of any information we have
reported, we are required to provide the agency with a prompt response.
17. DEFERMENT AND FORBEARANCE (POSTPONING PAYMENTS)
General
If you meet certain requirements, you may receive a deferment that allows
you to temporarily stop making payments on your loan. If you cannot make
your scheduled loan payments, but do not qualify for a deferment, we may
give you a forbearance. A forbearance allows you to temporarily stop
making payments on your loan, temporarily make smaller payments, or
extend the time for making payments.
Deferment
You may receive a deferment:
While you are enrolled at least half time at an eligible school;
While you are in a full-time course of study in a graduate fellowship
program;
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WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
DIRECT CONSOLIDATION LOAN BORROWER’S RIGHTS AND RESPONSIBILITIES STATEMENT
While you are in an approved full-time rehabilitation program for
individuals with disabilities;
While you are unemployed (for a maximum of three years; you must
be diligently seeking, but unable to find, full-time employment);
While you are experiencing an economic hardship (including Peace
Corps service), as defined in the Act (for a maximum of three years);
While you are serving on active duty during a war or other military
operation or national emergency or performing qualifying National
Guard duty during a war or other military operation or national
emergency and, if you were serving on or after October 1, 2007, for an
additional 180-day period following the demobilization date for your
qualifying service; or
If you are a member of the National Guard or other reserve
component of the U.S. Armed Forces (current or retired) and you are
called or ordered to active duty while you are enrolled at least half
time at an eligible school or within 6 months of having been enrolled
at least half time, during the 13 months following the conclusion of
your active duty service, or until you return to enrolled student status
on at least a half-time basis, whichever is earlier.
You may be eligible to receive additional deferments if, at the time you
received your first Direct Loan, you had an outstanding balance on a loan
made under the FFEL Program before July 1, 1993. If you meet this
requirement, contact your servicer for information about additional
deferments that may be available.
You may receive a deferment based on your enrollment in school on at least
a half-time basis if:
You submit a deferment request to your servicer along with
documentation of your eligibility for the deferment, or
Your servicer receives information from the school you are attending
that indicates you are enrolled at least half time.
If your servicer processes a deferment based on information received from
your school, you will be notified of the deferment and will have the option
of canceling the deferment and continuing to make payments on your loan.
For all other deferments, you (or, for a deferment based on active duty
military service or qualifying National Guard duty during a war or other
military operation or national emergency, a representative acting on your
behalf) must submit a deferment request to your servicer, along with
documentation of your eligibility for the deferment. In certain
circumstances, you may not be required to provide documentation of your
eligibility if your servicer confirms that you have been granted the same
deferment for the same period of time on a FFEL Program loan. Your
servicer can provide you with a deferment request form that explains the
eligibility and documentation requirements for the type of deferment you
are requesting. You may also obtain deferment request forms and
information on deferment eligibility requirements from your servicer’s web
site.
If you are in default on your loan, you are not eligible for a deferment.
You are not responsible for paying the interest on a Direct Subsidized
Consolidation Loan during a period of deferment, except as explained in
Item 9 of this Borrower’s Rights and Responsibilities Statement. However,
you are responsible for paying the interest on a Direct Unsubsidized
Consolidation Loan during a period of deferment.
Forbearance
We may give you a forbearance if you are temporarily unable to make your
scheduled loan payments for reasons including, but not limited to, financial
hardship and illness.
We will give you a forbearance if:
You are serving in a medical or dental internship or residency program,
and you meet specific requirements;
The total amount you owe each month for all of the student loans you
received under Title IV of the Act (Direct Loan Program loans, FFEL
Program loans, and Federal Perkins Loans) is 20% or more of your total
monthly gross income (for a maximum of three years);
You are serving in a national service position for which you receive a
national service education award under the National and Community
Service Trust Act of 1993. In some cases, the interest that accrues on a
qualified loan during the service period will be paid by the Corporation
for National and Community Service;
You are performing service that would qualify you for loan forgiveness
under the Teacher Loan Forgiveness program that is available to
certain Direct Loan and FFEL program borrowers;
You qualify for partial repayment of your loans under a student loan
repayment program administered by the Department of Defense; or
You are called to active duty in the U.S. Armed Forces.
To request a forbearance, contact your servicer. Your servicer can explain
the eligibility and documentation requirements for the type of forbearance
you are requesting. You may also obtain information on forbearance
eligibility requirements from your servicer’s web site.
Under certain circumstances, we may also give you a forbearance without
requiring you to submit a request or documentation. These circumstances
include, but are not limited to, the following:
Periods necessary for us to determine your eligibility for a loan
discharge;
A period of up to 60 days in order for us to collect and process
documentation related to your request for a deferment, forbearance,
change in repayment plan, or consolidation loan (we do not capitalize
the interest that is charged during this period); or
Periods when you are involved in a military mobilization, or a local or
national emergency.
You are responsible for paying the interest that accrues on your entire
Direct Consolidation Loan during a period of forbearance.
18. DISCHARGE (HAVING YOUR LOAN FORGIVEN)
Death, bankruptcy, and total and permanent disability
We will discharge (forgive) your loan if:
You die. Your servicer must receive acceptable documentation (as
defined in the Act) of your death. We will also discharge the portion of
a Direct Consolidation Loan that repaid one or more Direct PLUS Loans
or Federal PLUS Loans obtained on behalf of a child who dies.
Your loan is discharged in bankruptcy after you have proven to the
bankruptcy court that repaying the loan would cause undue hardship.
Direct Loans are not automatically discharged if you file for
bankruptcy.
You become totally and permanently disabled (as defined in the Act)
and meet certain other requirements.
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WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
DIRECT CONSOLIDATION LOAN BORROWER’S RIGHTS AND RESPONSIBILITIES STATEMENT
School closure, false certification, identity theft, and unpaid refund
In certain cases, we may also discharge all or a portion of your loan if:
One or more Direct Loan Program, FFEL Program, or Federal Perkins
Loan Program loans that you consolidated was used to pay for a
program of study that you (or the child for whom you borrowed a
Direct PLUS Loan or Federal PLUS Loan) were unable to complete
because the school closed;
Your eligibility (or the eligibility of the child for whom you borrowed a
Direct PLUS Loan or Federal PLUS Loan) for one or more of the Direct
Loan Program or FFEL Program loans that you consolidated was falsely
certified by the school;
Your eligibility for one or more of the Direct Loan Program or FFEL
Program loans that you consolidated was falsely certified as a result of
a crime of identity theft; or
The school did not pay a required refund of one or more Direct Loan
Program or FFEL Program loans that you consolidated.
Teacher Loan Forgiveness
We may forgive a portion of your Direct Consolidation Loan that repaid
Direct Subsidized Loans or Direct Unsubsidized Loans you received after
October 1, 1998, or subsidized or unsubsidized Federal Stafford Loans you
received under the FFEL program after October 1, 1998 if you:
Teach full time for five consecutive years in certain low-income
elementary or secondary schools, or for low-income educational
service agencies;
Meet certain other qualifications; and
Did not owe a Direct Loan or a FFEL program loan as of October 1,
1998, or as of the date you obtain a loan after October 1, 1998.
Public Service Loan Forgiveness
A Public Service Loan Forgiveness (PSLF) program is also available. Under
this program, we will forgive the remaining balance due on your eligible
Direct Loan Program loans after you have made 120 payments on those
loans (after October 1, 2007) under certain repayment plans while you are
employed full-time in certain public service jobs. The required 120
payments do not have to be consecutive. Qualifying repayment plans
include the REPAYE Plan, the PAYE Plan, the IBR Plan, the ICR Plan, and the
Standard Repayment Plan with a 10-year repayment period.
Note: Although the Standard Repayment Plan with a 10-year repayment
period is a qualifying repayment plan for PSLF, to receive any loan
forgiveness under this program you must make the majority of the required
120 payments under the REPAYE Plan, the PAYE Plan, the IBR Plan, or the
ICR Plan.
Additional loan discharge information
The Act may provide for certain loan forgiveness or repayment benefits on
your loans in addition to the benefits described above.
For a discharge based on your death or the death of the child on whose
behalf you obtained a Direct PLUS Loan or Federal PLUS Loan that was
consolidated, a family member must contact your loan servicer. To request
a loan discharge based on one of the other conditions described above
(except for a discharge due to bankruptcy), you must complete an
application. Your servicer can tell you how to apply.
In some cases, you may assert, under applicable law and regulations, a
defense against repayment of your loan on the basis that the school did
something wrong or failed to do something that it should have done. You
can make such a defense against repayment only if the school’s act or
omission directly relates to one or more of the loans that you consolidated
or to the educational services that the loan(s) you consolidated was
intended to pay for. If you believe that you have a defense against
repayment of your loan, contact your servicer.
We do not guarantee the quality of the academic programs provided by
schools that participate in federal student financial aid programs. You must
repay your loan even if you do not complete the education paid for with the
loan, are unable to obtain employment in the field of study for which the
school provided training, or are dissatisfied with, or do not receive, the
education you paid for with the loan.
19. DEPARTMENT OF DEFENSE AND OTHER FEDERAL AGENCY LOAN
REPAYMENT
Under certain circumstances, military personnel may have their federal
education loans repaid by the Secretary of Defense. This benefit is offered
as part of a recruitment program that does not apply to individuals based
on their previous military service or to those who are not eligible for
enlistment in the U.S. Armed Forces. For more information, contact your
local military service recruitment office.
Other agencies of the federal government may also offer student loan
repayment programs as an incentive to recruit and retain employees.
Contact the agency’s human resources department for more information.
END OF BORROWER’S RIGHTS AND RESPONSIBILITIES STATEMENT
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