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Student Loan Consolidation: getting around Single Lender Rule and other info. Archived From: Finance

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Yes, it is true. Current students should look into it.

Link to article about in-school consolidation.

Rath


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imagination said:Rathipon said:

Current students can definately benefit from a direct loan consolidation right now. If they can get it done before July 1, they will lock in the nice rates.

Rath


Rath, is this true? I have a friend who is a current undergrad with lots of loans and she believes she can't consolidate because she's still in school. Is there any reason she shouldn't be able to consolidate her student loans (like a specific situation)? This could be good news for her.

Just to share my experience, I was stuck with the single-lender devil (sallie mae) problem. After reading Rath's post on the other thread, I consolidated my loans with Direct Loans on their income contingent plan. I wasn't sure if it would go through, but it did! I had to send supporting documents (paystubs) because I hadn't been repaying for 2 years.

I think I may have gotten lucky because after I applied, I got a call from Sallie Mae trying to match Direct Loans and keep my business. I wasn't prepared to talk to them and played dumb.... "Do you have more than one lender?" "I'm not sure..." "Our computer shows you do." "Yes, I think that's correct." The only open loans I had were with Sallie Mae, but why bother correcting them.

I'm going to reconsolidate with UHEAA now. I'll let you know how it goes. Good luck!

I believe the WSJ article that was mentioned above covered consolidating loans while in school to lock in rates. There was an article in the LA Times last Sunday saying the same. Here's a link:
Time To Lock In Student Rates, May 15, LA Times by Kathy Kristof

You can consolidate your loans now to lock in the lowest rates in the 40 year history of the student loan program. I would advise your friend to read that article.

From the article:
Q: Can I consolidate my loans when I'm still in school?

A: Yes. If you are in the Education Department's Direct Loan program, you can convert your loan by contacting the department. The best place to start is the agency's website at http://www.ed.gov . There you'll find a questionnaire to determine whether you qualify and an application form.

*

Q: What if I have a student loan from a bank?

A: That makes the process for current students a bit more complicated. First you ask to begin "early repayment" of the loan. (A loan does not qualify for consolidation unless repayment has begun.) Next you apply for a consolidation loan from the bank or another lender. Finally, you apply for an in-school payment deferral — presuming that your aim is indeed to consolidate the loan and not actually to begin paying it off. That deferral lasts until you graduate or are in school less than half time.


late edit: I didn't see that Rathipon already replied. Oopsie


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Rathipon:

First let me thank you for such a great thread. Now for my question:

I consolidated my loans in 1999 with Sallie Mae. I managed to figure out a way to re-consolidate with DirectLoans (I can't exactly why I did this) in early 2000. I've been paying back my loans with extra principal each month for the last 5 years. My principal is approx $102K.

My weighted average now with DirectLoans is 6.375% (this includes the timely payment interest discount).

So now if I understand correctly, if I re-consolidate with UHEAA, my interest rate would drop to 5.125% immediately and then to 4.125% after 48 timely payments??!?! If so then THIS IS GREAT NEWS!!!!

Is this plan flawed here somewhere?


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I am about to start my junior year of college in the fall.
I have the following loans:

Type of Loan Loan Amount Loan Date Disbursed Amount Canceled Amount Outstanding Principal Outstanding Interest

STAFFORD SUBSIDIZED $3,500 08/24/2004 $3,500 $0 $3,500 $0
STAFFORD SUBSIDIZED $2,625 08/18/2003 $2,625 $0 $2,625 $0

with a Scheduled Start of Repayment: 11/15/2008

Is there any point to consolidation?

Just fill me in , i am kind of new to this.

Thanks


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Sgopal2:

Thats the way I understand it. I would contact UHEAA and speak with their loan origination department.


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JULY 1 IS APPROACHING EVERYONE!! It's put up or shut up time!

Great thread OP, learned quite a bit here. Thanks.
I found that if you are in-school or in your grace period (usually 3, 4 or 6 months after your last class end date) you can consolidate. Luckily, I went with a different lender on my last loan (forgot... that I will be able to consolidate. No legal threats needed, "it's all good" in the immortal words of some famous person I don't know. Thinking it's George Carlin, I like him.

Unless you are braindead, you realize a good deal when you see it. I suggest CFS or UHEAA for consolidation. The former might not be as backlogged as the latter, but UHEAA offers the best incentives. Good luck on getting your loans consolidated.


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I've seen it said on serveral web pages that as of July 2003 you can consolidate with your spouse in the Federal Direct Consolidation program (not sure about others) and if your spouse dies you are only responsible for your portion, not your spouse's. If your spouse is permanently totally disabled you MAY be eligible for a partial discharge (don't know why there's a different set up as cp. to spousal dealth). However if you divorce, you're stuck with the joint liability (Yuk!)

Doing a quick google, I found it on the Wake Forest Univ. website
http://www.wfu.edu/admissions/finaid/loan-consolidation.html

and Sallie Mae Website
http://www.salliemae.com/school/faqs/consolidation_faq.html?Q=Q41
"Effective July 1, 2003, spousal consolidation loans will be eligible for partial discharge benefits if one of the borrowers dies and may be eligible for partial discharge if one of the borrowers becomes totally and permanently disabled. If one spouse dies, the portion of the consolidation loan attributable to that borrower is eligible for discharge. The surviving borrower, however, will remain responsible for repaying the remaining balance of the Consolidation Loan.

If one of the spouses becomes totally and permanently disabled, the portion of the Consolidation balance attributable to that borrower is eligible for discharge. Both spouses remain responsible for paying the remaining balance of the consolidation loan."


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I had to rant and rave (lots of calls and letters on a law firm letter head) that it was my "right" to consolidate with the Federal Direct program when I consolidated from PHEAA in the mid 90s. Hopefully things have changed. Also, I don't know if some of the rules have changed so that there might be certain cases where you are stuck with PHEAA. I'd love to know if things have changed since I live in Harrisburg and have an opporutnity to influence PHEAA's procedures through an source of mine.


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Here is something to consider regarding whether you want to stay with the Federal Direct Consolidation or not. With the DOE, the Income Contingent Repayment Plan (ICR) is based on your adjusted gross income (AGI) if you reguarly submit your fed tax returns in a timely fashion. For some self-employed persons, ministers who receive a housing allowance, etc, the AGI is significantly lower than the Gross. Thus your payment required will be really low. For me, sometimes they have been zero because of a housing allowance that isn't AGI. When you first start with the DOE they will ask for pay stubs, and you might see your ICR payment based on them rather than your AGI. You can write a letter explaining your situation and how your AGI is lower, and they might lower your ICR payment. In year 2, the system starts automatically going to the IRS for your tax returns to look at your AGI, and that's when the lower ICR payments will definately kick in (and stay low if your tax return is always there with the IRS when the DOE asks for it).

Can someone help me with this question. Based on the DOE website (http://www.ed.gov/offices/OSFAP/DirectLoan/RepayCalc/dlindex2.html) if I can't repay my consolidated loan in 25 yrs on the ICR plan, then the loan is forgiven. While I'm making payments, if I wasn't able to pay the full amount of interest, it is capitalized annually and added to the principle. However, only 10% of the original loan can be capitalized. So if I owed $50,000 the most the principle could be would be $55,000. I would also owe a separate amount of interest that I didn't pay (let's say its $40,000). Ok, so will I have to pay taxes on $55,000 loan principal or on $95,000 (principal plus interest)? I'm sort of thinking it would be only be on $55,000. Second, what in the world do I do with a tax bill on $95,000 if it's the latter? Considering that I wouldn't have the money becuase I'm poor as can be, what would happen? Would they confiscate my 401K retirement plan for taxes? What about my house? Having the loan forgiven after 25 years sounds good (my payments are zero right now under the ICR plan because of my low AGI), but the tax sort of scares me. I guess if the tax is only on $55,000 it won't be TOO bad since the "real dollars" 25 years from now won't be near as bad as it sounds now. And the fact that I'm only paying $50/mo on the ICR plan on a $50,000 loan will mean that I'll be paying $15,000 over 25 years---with the payments being less and less in real dollars as the years go by. Tax on the $95,000 still sounds bad. I hope it's only on $55,000. If it is, then this is a sweet deal.


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I used the same lender for all my loans, but the early loans were sold to different lender. I think that gets me around the single lender rule even though they share the same servicing agent. Am I right?


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Rathipon said:Interestingly enough, the income sensitive terms provided by Direct Loans are much nicer than anything you will ever see from a private lender. After 25 years, if your principle is not paid off (payments are determined by your income level), then the entire loan is forgiven. No other lender can compete with that.


I am wondering how this option works. After 25 years of payment do they just close your account? or do you have to jump through some hoops?

Once the loans are extended for 30 years and you ask to have your payments as low as possible, why worry about the interest rate if you won't be done paying them off before 25 years?


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In the U.S. Dept. of Ed. Federal Direct Loan Consolidation Income Contigent plan, the most interest that can be capitalized to your loan is 10%. So if the principle is 50,000, then the highest it can go is $55,000. That $55,000 (or a lower amount if you were able to pay any principle) would be forgiven. yes, wiped out by the feds. You'll have to claim that $55,000 as taxable income (although everyone once in a while you hear rumblings of a bill that would change the tax code so it would not be taxable). But that would be 25 years later, so with inflation it wouldn't be like paying taxes on $55,000 this year, so don't break out into a cold sweat.

One caveat, if you "reconsolidate" then ALL of the interest is added onto your loan. For instance, if you consolidated $50,000, the most it can grow to is $55,000. But there will be a category called "interest due" Let's say that grows to 7,000. Well if you hear of a good interest rate and you take the bate, or you and your wife decide to consolidate jointly, then the new principle will be 62,000 (55,000 plus 7,000). Which means that the 25 year clock starts all over again, and your new maximam balance to be forgiven at the end of 25 years is 68,200 (62,000 plus 6,200 which is the 10 percent limit on capitalized interest).

Here's one more thing to consider. If you get married, EACH of your payments are based on your joint income. However, recently I've heard that perhaps the fact that you both have loans can lower your payment---I need to check into this. So you have to do the math to determine whether joint consolidation is for you. (Plus, if you get divorced, you're stuck with the shared liability of your ex's student loan).

So Income contingent plan participants who are low income should not worry about locking in a low rate since the most they can owe in interest is 10% of their original loan amount (which climbs when you reconsolidate). Also, DON"T ever get a deferrment if you are on the income contingent plan because when you are in deferrment you are not "technicallY' on the plan so all your interest during this time is capitalized and does not count against the 10% interest limit that can be added to your loan when you are on the income contingent plan.


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Sorry, I missed your post above, I am a retard. My AGI ($40k) is too high to take advantage of this.


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Here's an email I received from my school's financial aide office:

Dear Student Loan Borrower:

GREAT SAVINGS FOR STAFFORD LOAN BORROWERS! Consolidate your Federal Direct
Stafford Loans NOW, while interest rates are at historic low rates (2.8% for
most borrowers). INTEREST RATES WILL GO UP ON JULY 1, 2005, so you MUST apply
before this date to lock in these low rates with a Direct Consolidation Loan.
It's quick and easy, and there is no down side, so don't delay!

FOR THE BEST RATE, APPLY NOW, BEFORE THE END OF SPRING TERM, JUNE 10, 2005, to
lock in the lowest "in-school" interest rates, EVEN IF YOU WILL BE BORROWING
AGAIN NEXT YEAR. There will never be a better time to lock in a low interest
rate. YOU MUST APPLY BEFORE JULY 1, 2005 in order to lock in this year's
historic low interest rates (between June 10, 2005 and July 1, 2005 the rate
goes up .6%). Waiting until next year to consolidate would cost a borrower with
$13,000 in Stafford Loans over $1,000 in increased interest, so DON'T LEAVE UCR
FOR SUMMER BREAK WITHOUT LOCKING IN YOUR STAFFORD LOAN INTEREST RATE!

To get started, you should first go to the National Student Loan Data System
(NSLDS) web site at http://www.nslds.ed.gov. NSLDS maintains records for the
Federal Stafford Loan program. Use this site to confirm your loan totals so that
you may ensure that all of your Stafford Loans are reported correctly for loan
consolidation. This site also helps you find the right person to contact if you
have questions about your loan history. In order to access the site, you need a
Personal Identification Number (PIN). If you already have a federal Electronic
Access Code (EAC) use that code as your PIN; you do not need to obtain a new
PIN.

You will not give up key loan benefits with a Federal Direct Consolidation
Loan:

1. You will still have your 6 month grace period once you leave school.
2. Interest will NOT accrue on your subsidized loans while you are enrolled
at least half-time, now or in the future.
3. You will not be expected to make payments until you leave school for MORE
THAN 6 MONTHS (your grace period.)
4. Most other deferments (unemployment, hardship, etc.) and cancellation
provisions remain the same. Forbearances are still available (interest
accrues, but installment payment amounts are less or none during periods
of forbearance.)
5. We advise you NOT to consolidate any fixed-rate loans, e.g., Perkins loans,
at this time.
6. Additional .25% interest rate discounts for electronic payment (ACH) are
available.

If you consolidate in the Direct Consolidation Loan program and make the first
12 payments on time, you keep the 1.5% rebate you got when your Direct Stafford
loans were disbursed. You will LOSE this benefit if you consolidate with a
private lender, so we strongly encourage you to contact the Direct Consolidation
Loan center first with all of your QUESTIONS ABOUT DIRECT STAFFORD LOAN
CONSOLIDATION: 1-800-557-7392.

What to do...
Check out the details and apply for a Direct Consolidation Loan online at:
www.loanconsolidation.ed.gov/borrower/bapply.shtml/

Sincerely,
Financial Aid OfficeHere's an email I received from my school's financial aide office:


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I need some advice and figured this would be the thread to get it from...

Long story short, I just discovered that all of my stafford loans are held by Sallie Mae. Despite having two Perkins loans, the nice lady at AllStudentLoans sadly informed me that there wasn't enough time to complete the two-step process before the June 30th deadline. (I know, I know. My fault for starting so late. I was out of town until yesterday...) According to her, if I want to lock in the low interest rates, I need to go through Sallie Mae.

So here's the question: Can I lock-in those rates with Sallie Mae, keep the Perkins loans separate, and then, citing the info in this thread, try to reconsolidate afterwards? Also, if I'm understanding the OP's initial post, once I consolidate, I can move that entire consolidated Sallie Mae loan to Direct Loan, keeping the Perkins separate? All I know is my brain is absolute mush right now regarding all things financial. Any advice would be greatly appreciated.

thanks!


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GrouchUSC:

I may be wrong.. I never had any Perkins loans so I don't know too much about them.

My understanding is that a Perkins loan on its own cannot be used to establish diversity under the single lender rule with stafford loans held by a different lender, but consolidated Perkins loans can be used in that manner. It would seem to me that if you were to consolidate your two Perkins loans (which apparently are not subject to the single lender rule) with UHEAA, and the Stafford loans with Sallie Mae, then you would have diversity under the single lender rule, and thus there would be no need to move your stafford loans to Direct Loans at any point. Rather, you could just reconsolidate with UHEAA and bring the Stafford loans in.

Does this make sense or am I missing something?

Rathipon


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Ideally, that's what I'd do -- consolidate the Perkins, then bring in the Staffords. However, because I'm so close to the June 30th deadline, there's not enough time to process the consolidation on the Perkins (apply, send in app, get loans released, finalize) *and* consolidate the fed loans in time to lock in the rate. What I'm wondering is can I consolidate the Sallie Mae Staffs to lock in the rate, then cite the loophole in the single lender rule afterwards?


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What I had in mind was doing two separate consolidations right now. First consolidation is perkins with UHEAA, second is stafford with Sallie Mae. Get those both in before the deadline. Then after the deadline you can consolidate them all together with UHEAA. Since your rate would have already been locked in before July 1, you would not pay the increased rate even though the final consolidation occurs after July 1.

Best to check with UHEAA first about the feasibility of this.

Rath


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Thanks for such an awesome thread and for soing so much due dilligence.

Can anyone help clarify what the best way for me to move forward is.....

Situation: All of my loans are owned by AES, so I am a victim of the single lender rule. While consolidating with them is better than not consolodating at all, I would like to take advantage of the benefits from UHEAA.

To end up with UHEAA, do I have to:

a) Consilidate with AES for a fixed payment loan (at least I would be locked into the low rate), then apply for a consolidation loan with AES that has income sensitive payments. Reject the plan saying it is unacceptable terms, apply for a Direct Loan. Upon getting the direct loan, apply for UHEAA.

b) Consilidate with AES for a consolidation loan with income sensitive payments. Reject the plan saying it is unacceptable terms, apply for a Direct Loan. Upon getting the direct loan, apply for UHEAA.

Can someone shed some light on this? Are there better ways for doing this? I want the best rate, but if it doesn't work, I don't want to be stuck with the new rates as of 7/1.


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Need help here... I graduated two weeks ago and currently hold a single loan, i.e. an Unsub Federal Stafford loan from the T.H.E. Loan Group. I am probably too late to go thru the two step process (T.H.E -> Direct Loan -> UHEEA) outlined above. I don't want to risk starting the process with Direct Loan and finding 90 days from now that it wouldn't work. In that case, I will be stuck with a higher rate with T.H.E.

Will the following work?

(1) I should go ahead and "consolidate" my loan with T.H.E. (get the rate fixed to 2.77%) before June 30.
(2) Once the process as T.H.E. is complete, start the process for transferring to Direct Loans.

What do you think?


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