After a few frantic days trying to decode the mystery of the Department of Education’s Dear Colleague Letter (which in the financial aid industry is more or less an amendment to existing regulations), we’ve got some answers regarding two step consolidation. The very short version:
Consolidate your student loans before March 30, 2006 or else.
The details: there are fundamentally two kinds of federal student loans. The first are Direct loans, which are managed by the Department of Education. The second are FFELP loans, which stands for Family Federal Education Loan Program. These are federal student loans managed by private corporations, agencies, and non-profits. The Student Loan Network, for example, participates in the FFELP program.
The strictest interpretation of the Higher Education Act says that you may consolidate your student loans only with your existing lender, unless you have FFELP loans from two or more different lenders, or you only have Direct loans. If you only have student loans with one FFELP lender, then for the most part you could only consolidate your loans with that lender, which meant if they had bad customer service or bad benefits or even just a silly name, you couldn’t consolidate your loans anywhere else. This is what is referred to when people talk about the “Single Lender Rule” or the “Single Lender Law”.
Until last Friday (March 17, 2006), there was a way to consolidate your loans, even if they met the conditions of the Single Lender Rule, called the two step consolidation process. In a two step, if you had a Direct or Perkins loan and a single FFELP lender, your Direct or Perkins loan would be consolidated first, effectively transforming your loan portfolio into one with two FFELP lenders. This allowed students who were otherwise locked into a single lender to have a dizzying array of choices when it came to consolidation. Unfortunately, as of last Friday, the Department of Education said that as of March 31, 2006, it will no longer allow these loans.
Actually, technically they said that the loans would not be eligible for re-insurance, which means that no bank would touch them - they’d be unsecured loans and if the borrower defaulted on them, the Department of Education wouldn’t foot the bill, which is why banks currently fund federal student loans. Taxpayers foot the bill if students don’t pay - that’s the loan insurance that makes federal student loans so appealing to banks. The bank will never be left holding the bag.
So to make a very long blog post… uh, long, two step consolidations are coming to an end as of March 31, 2006. If you’re not sure you fit the two step profile, or you just want to consolidate, I can’t urge you strongly enough to file an application for consolidation today - and opt for the eSignature option. Apply now - it’s free, and there’s no obligation on your part if you change your mind prior to signing the application, but sooner is vastly better than later with these regulatory changes.
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