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Loan Agreement

Definition

A loan agreement is a legally binding contract between a borrower and a lender that outlines the terms and conditions of a loan.

Detailed Explanation

In the context of student loan debt, a loan agreement specifies the details of the loan provided to the student, including the amount borrowed, interest rate, repayment schedule, and the obligations of the borrower. It also details the penalties for late payments, conditions for deferment or forbearance, and the criteria for loan forgiveness, if applicable.

For Federal student loans, the loan agreement comes in the form of a Master Promissory Note. 

This agreement serves as a crucial document that ensures both parties—the lender and the borrower—understand their rights and responsibilities.

The terms included in a student loan agreement are designed to protect the lender by ensuring that the loan is repaid according to the agreed terms, while also providing the borrower with a clear understanding of what is expected in terms of repayment. It often includes information on how interest on the loan accrues, whether the interest is fixed or variable, and any fees associated with early repayment or late payments.

It’s essential for students and co-signers (if any) to thoroughly review and understand all aspects of the loan agreement before signing it. 

Example

John receives a loan agreement from a private lender to cover the remainder of his college tuition that his federal loans and scholarships don’t cover.

The agreement outlines a loan amount of $10,000 with an interest rate of 6%, a repayment term of 10 years, and monthly payments starting six months after graduation. It also includes terms for deferment in case of economic hardship and possible penalties for late payments.

Key Articles Related To Loan Agreement

  • Understanding Your Master Promissory Note (MPN)
  • Best Income Sharing Agreements (ISAs)

Related Terms

Cosigner: A person who signs an agreement to pay back a loan on behalf of the primary borrower if they default.

Deferment: A temporary suspension of loan payments, allowed under certain conditions such as unemployment or enrollment in continuing education.

Interest Rate: The proportion of a loan charged as interest to the borrower, typically expressed as an annual percentage of the outstanding loan.

Repayment Schedule: A detailed plan agreed upon by the borrower and lender outlining when and how the loan will be repaid.

Frequently Asked Questions

What should I look for in a student loan agreement?

Focus on the interest rate type (fixed or variable), repayment terms, deferment options, and penalties for late payment.

Can I negotiate the terms of my student loan agreement?

No, the terms of your student loan agreement will be set by your lender. Federal student loan terms are set by the U.S. Department of Education.

Is a cosigner necessary for all student loan agreements?

A cosigner is not necessary for Federal student loans, but is likely necessary for undergraduate private student loans.

What happens if I violate the terms of my loan agreement?

Violating terms, such as failing to make payments on time, can result in penalties, increased interest rates, and negative impacts on your credit score.

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