11 U.S. Code § 523 - Exceptions to discharge | U.S. Code | US Law

34 CFR § 682.205 – Disclosure necessities for lenders. | CFR | US Law

§ 682.205 Disclosure necessities for lenders.

(a) Repayment info

(1) Disclosures at or previous to compensation. The lender should disclose the data described in paragraph (a)(2) of this part, in easy and comprehensible phrases, in a press release supplied to the borrower at or previous to the start of the compensation interval. In the case of a Federal Stafford or Federal PLUS loan, the disclosures required by this paragraph have to be made not lower than 30 days nor greater than 150 days earlier than the primary cost on the loan is due from the borrower. If the borrower enters the compensation interval with out the lender’s data, the lender should present the required disclosures to the borrower instantly upon discovering that the borrower has entered the compensation interval.

(2) The lender shall present the borrower with –

(i) The lender’s title, a toll-free phone quantity accessible from inside the United States that the borrower can use to acquire extra loan info, and the handle to which correspondence with the lender and funds ought to be despatched;

(ii) The scheduled date the compensation interval is to start, or a deferment underneath § 682.210(v), if relevant, is to finish;

(iii) The estimated stability, together with the estimated quantity of curiosity to be capitalized, owed by the borrower as of the date upon which the compensation interval is to start, a deferment underneath § 682.210(v), if relevant, is to finish, or the date of the disclosure, whichever is later;

(iv) The precise rate of interest on the loan;

(v) An clarification of any charges which will accrue or be charged to the borrower through the compensation interval;

(vi) The borrower’s compensation schedule, together with the due date of the primary installment and the quantity, quantity, and frequency of funds primarily based on the compensation schedule chosen by the borrower;

(vii) Except within the case of a Consolidation loan, a proof of any particular choices the borrower might have for consolidating or refinancing the loan and of the provision and phrases of such different choices;

(viii) The estimated complete quantity of curiosity to be paid on the loan, assuming that funds are made in accordance with the compensation schedule, and if curiosity has been paid, the quantity of curiosity paid;

(ix) An announcement that the borrower has the suitable to prepay all or a part of the loan at any time, with out penalty;

(x) Information on any particular loan compensation advantages supplied on the loan, together with advantages which are contingent on compensation conduct, and another particular loan compensation advantages for which the borrower could also be eligible that would cut back the quantity or size of compensation; and on the request of the borrower, a proof of the impact of a diminished rate of interest on the borrower’s complete payoff quantity and time for compensation;

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(xi) If the lender offers a compensation profit, any limitations on that profit, any circumstances wherein the borrower may lose that profit, and whether or not and the way the borrower might regain eligibility for the compensation profit;

(xii) An outline of all of the compensation plans accessible to the borrower and a press release that the borrower might change plans through the compensation interval a minimum of yearly;

(xiii) An outline of the choices accessible to the borrower to keep away from or be faraway from default, in addition to any charges related to these choices; and

(xiv) Any extra assets, together with nonprofit organizations, advocates and counselors, together with the Department of Education‘s Student Loan Ombudsman, the lender is conscious of the place the borrower might acquire extra recommendation and help on loan compensation.

(3) Required disclosures throughout compensation. In addition to the disclosures required in paragraph (a)(1) of this part, the lender should present the borrower of a FFEL loan with a invoice or assertion that corresponds to every cost installment time interval wherein a cost is due that features in easy and comprehensible phrases –

(i) The unique principal quantity of the borrower’s loan;

(ii) The borrower’s present stability, as of the time of the invoice or assertion;

(iii) The rate of interest on the loan;

(iv) The complete quantity of curiosity for the previous installment paid by the borrower;

(v) The mixture quantity paid by the borrower on the loan, and individually figuring out the quantity the borrower has paid in curiosity on the loan, the quantity of charges the borrower has paid on the loan, and the quantity paid in opposition to the stability in principal;

(vi) An outline of every charge the borrower has been charged for the newest previous installment time interval;

(vii) The date by which a cost have to be made to keep away from extra charges and the quantity of that cost and the charges;

(viii) The lender’s or servicer’s handle and toll-free phone quantity for compensation choices, funds and billing error functions; and

(ix) A reminder that the borrower might change compensation plans, a listing of the entire compensation plans which are accessible to the borrower, a hyperlink to the Department of Education‘s Web website for compensation plan info, and instructions on how the borrower might request a change in compensation plans from the lender.

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(4) Required disclosures for debtors having issue making funds.

(i) Except as supplied in paragraph (a)(4)(ii) of this part, the lender should present a borrower who has notified the lender that she or he is having issue making funds with –

(A) An outline of the compensation plans accessible to the borrower, and the way the borrower might request a change in compensation plan;

(B) An outline of the necessities for acquiring forbearance on the loan and any prices related to forbearance; and

(C) An outline of the choices accessible to the borrower to keep away from default and any charges or prices related to these choices.

(ii) A disclosure underneath paragraph (a)(4)(i) of this part isn’t required if the borrower’s issue has been resolved by way of contact with the borrower ensuing from an earlier disclosure or different communication between the lender and the borrower.

(5) Required disclosures for debtors who’re 60-days delinquent in making funds on a loan.

(i) The lender shall present to a borrower who’s 60 days delinquent in making required funds a discover of –

(A) The date on which the loan will default if no cost is made;

(B) The minimal cost the borrower should make, as of the date of the discover, to keep away from default, together with the cost quantity wanted to deliver the loan present or cost in full;

(C) An outline of the choices accessible to the borrower to keep away from default, together with deferment and forbearance and any charges and prices related to these choices;

(D) Any choices for discharging the loan that could be accessible to the borrower; and

(E) Any extra assets, together with nonprofit organizations, advocates and counselors, together with the Department of Education‘s Student Loan Ombudsman, the lender is conscious of the place the borrower might acquire extra recommendation and help on loan compensation.

(ii) The discover have to be despatched inside 5 enterprise days of the date the borrower turns into 60 days delinquent, until the lender has despatched such a discover inside the earlier 120 days.

(b) Exception to disclosure requirement. In the case of a Federal Unsubsidized Stafford loan or a Federal PLUS loan, the lender isn’t required to supply the data in paragraph (a)(2)(viii) of this part if the lender, as a substitute of that disclosure, offers the borrower with pattern projections of the month-to-month compensation quantities assuming completely different ranges of borrowing and curiosity accruals ensuing from capitalization of curiosity whereas the borrower or student on whose behalf the loan is made is in college. Sample projections should disclose the associated fee to the borrower of principal and curiosity, curiosity solely, and capitalized curiosity. The lender might depend on the Stafford and PLUS promissory notes and related supplies authorised by the Secretary for functions of complying with this part.

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(c) Borrower is probably not charged for disclosures. The lender should present the data required by this part for free of charge to the borrower.

(d) Method of disclosure. Any disclosure of data by a lender underneath this part could also be by way of written or digital means.

(e) Notice of availability of income-sensitive and income-based compensation choices.

(1) At the time of providing a borrower a loan and on the time of providing a borrower compensation choices, the lender should present the borrower with a discover that informs the borrower of the provision of income-sensitive and, aside from dad or mum PLUS debtors and Consolidation Loan debtors whose Consolidation Loan paid off a number of dad or mum PLUS Loans, income-based compensation plans. This info could also be supplied in a separate discover or as a part of the opposite disclosures required by this part. The discover should inform the borrower –

(i) That the borrower is eligible for income-sensitive compensation and could also be eligible for income-based compensation, together with by way of loan consolidation;

(ii) Of the procedures by which the borrower can elect income-sensitive or income-based compensation; and

(iii) Of the place and the way the borrower might acquire extra info regarding income-sensitive and income-based compensation plans.

(2) The promissory be aware and related supplies authorised by the Secretary fulfill the loan origination discover necessities supplied for in paragraph (e)(1) of this part.

(f) Disclosure procedures when a borrower’s handle isn’t accessible. If a lender receives info indicating it doesn’t know the borrower’s present handle, the lender is excused from offering disclosure info underneath this part until it receives communication indicating a sound borrower handle earlier than the 241st day of delinquency, at which level the lender should resume offering the installment invoice or assertion, and another disclosure info required underneath this part not beforehand supplied.

(Approved by the Office of Management and Budget underneath management quantity 1845-0020)

[57 FR 60323, Dec. 18, 1992, as amended at 58 FR 9119, Feb. 19, 1993; 59 FR 25745, May 17, 1994; 60 FR 30788, June 12, 1995; 64 FR 18976, Apr. 16, 1999; 64 FR 58625, Oct. 29, 1999; 64 FR 58965, Nov. 1, 1999; 71 FR 45700. Aug. 9, 2006; 73 FR 63248, Oct. 23, 2008; 74 FR 55992, Oct. 29, 2009; 78 FR 65810, Nov. 1, 2013]