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What if I miss
the Indiana FAFSA deadline of March 10 due to my deployment?
The State Student Assistance Commission of Indiana has provided this
guidance for Indiana residents.
(1) We have made it clear to Indiana National Guard students (and
their families) that if they could not meet the required March 10th
filing deadline for next year's FAFSA because they were deployed, we
would waive the deadline upon receipt and verification of proper
documentation from the National Guard when they return to school for
the fall or spring semester. This is not a blanket waiving of the
deadline for any and all NG students. The student must have been
deployed at such a time and in such a way that they could not timely
file the FAFSA but otherwise would have been eligible for the NGSG.
(2) Also know that
as part of the regular appeal process we review requests to waive
the filing deadlines for activated military personnel besides those
in the Indiana National Guard. This is not a blanket waiving of the
deadline for any and all in the military. The student must have been
deployed at such a time and in such a way that they could not timely
file the FAFSA but otherwise would have been eligible to receive
state aid.
Do my student loans go into repayment if I don't re-enroll within
6 months?
The U.S. Department of Education says that "If a borrower's loans
are in an in-school status, an in-school deferment status, or in a
grace period status when the borrower is ordered to active duty or
reassigned, the lender must maintain the loans in that status during
the period of the borrower's active duty service or reassignment,
plus the time necessary for the borrower to resume enrollment in the
next regular enrollment period that is reasonably available to the
borrower, if the borrower wishes to go back to school. However, this
maintenance of loan status may not exceed a total of three years
including the period of time necessary for the borrower to resume
enrollment." So the answer is no, if you provide your loan servicer
with a copy of your military deployment orders, your loan will be
deferred.
How long will repayment of my student loans be deferred?
The U.S. Department of Education says a borrower who is ordered to
active duty while in an in-school status retains that status for up
to three years, including the time needed for the borrower to resume
enrollment, "the school does not need to send written counseling
materials unless the student does not return to school by the end of
the three-year period."
What if my Title IV loans were in repayment when I was activated?
If a borrower’s loan is in repayment, FFEL lenders must grant the
borrower forbearance based upon the request of the borrower, a
member of the borrower’s family, or another reliable source. Under
the amendment to 34 CFR 682.211(c) which was published by the
Department on November 1, 2002, (at 67 Fed. Reg. 67048), an FFEL
lender may accept an oral request for the forbearance. The
forbearance agreement need not be in writing and the forbearance can
be granted without documentation. However, the reason for granting
the forbearance must be documented in the borrower’s loan records.
The lender may extend this initial forbearance for a period that is
the lesser of one year or the period of active duty (if known at the
time of granting the forbearance).
Under the amended
procedures in 34 CFR 682.211(f) that were also included in the final
regulations published November 1, 2002, an FFEL lender may grant a
discretionary, administrative forbearance immediately for up to
three months to borrowers who are affected by the military
mobilization. Such an administrative, discretionary forbearance,
if granted, will be considered part of an initial forbearance
period, thereby extending the initial period of forbearance to 15
months. Forbearance beyond any initial period will require
supporting documentation and a written agreement with the borrower.
This forbearance authority applies to all borrowers who have been
part of a military mobilization, including borrowers who were called
up immediately following September 11, 2001, and who are still on
active duty.
If a Federal
Perkins Loan borrower’s loan is in repayment, school lenders must
also grant the borrower forbearance for a period that is the lesser
of one year or the period of active duty based upon the request of
the borrower, a member of the borrower’s family, or another reliable
source. The forbearance agreement need not be in writing and the
forbearance can be granted without documentation as long as the
reason is noted in the borrower’s loan records. However,
forbearances beyond any initial period will require a written
request because of statutory requirements.
During the initial
forbearance period, lenders are encouraged to examine the borrower’s
eligibility for a deferment. For example, some FFEL, Direct and
Perkins loan borrowers may be eligible for an economic hardship
deferment or a military deferment, depending on when the loan was
made. Schools are also encouraged to examine a Federal Perkins loan
borrower’s eligibility for a military service cancellation based on
the borrower serving in an area of hostilities.
What if my Title IV
loans were in default when I was activated?
If a borrower is in default on a loan, the guaranty agency or
Perkins school must, upon being notified that the borrower has been
called to active duty or reassigned, cease all collection activities
for the expected period of the borrower’s military service.
Collection activities must resume no later than 30 days after the
end of the borrower’s military service.
Applicability of
the Soldiers' and Sailors' Civil Relief Act of 1940
The Soldiers' and Sailors' Civil Relief Act of 1940 only applies if
a FFEL guaranty agency or a Perkins school lender is suing a
borrower who is covered by that Act. That Act prevents a creditor
from obtaining a default judgment in court. It does not prohibit
other collection efforts. A borrower's interest rate is not
affected by the provision of the Act restricting interest charged to
certain borrowers in military service, because section 428(d) of the
Higher Education Act states that no provision of any law which
limits the interest rate on a loan shall apply to the FFEL Program.
Where can I find good information regarding military deployment
and federal financial aid?
The best source of additional information is the
Reserve/Guard Call-Up Financial Aid Page on the NASFAA Web
site. This site provides links to additional resources and guidance
on federal financial aid questions.
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