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Who is keeping track of the 25 year forgiveness period?

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Total Posts: 8

Joined 2012-07-20

PM

 

I have asked my loan servicer about this but they can’t give me a good answer.

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Total Posts: 604

Joined 2011-03-30

PM

 

They are keeping track (supposedly).  This from the new regulations (emphasis mine):

(g) Loan forgiveness processing and
payment. (1) The loan holder
determines when a borrower has met
the loan forgiveness requirements under
paragraph
(f) of this section and does
not require the borrower to submit a
request for loan forgiveness. No later
than six months prior to the anticipated
date that the borrower will meet the
loan forgiveness requirements, the loan
holder must send the borrower a written
notice that includes—
(i) An explanation that the borrower
is approaching the date that he or she
is expected to meet the requirements to
receive loan forgiveness;
(ii) A reminder that the borrower must
continue to make the borrower’s
scheduled monthly payments; and
(iii) General information on the
current treatment of the forgiveness
amount for tax purposes, and
instructions for the borrower to contact
the Internal Revenue Service for more
information.
(2) No later than 60 days after the loan
holder determines that a borrower
qualifies for loan forgiveness, the loan
holder must request payment from the
guaranty agency.
(3) If the loan holder requests
payment from the guaranty agency later
than the period specified in paragraph
(g)(2) of this section, interest that
accrues on the discharged amount after
the expiration of the 60-day filing
period is ineligible for reimbursement
by the Secretary, and the holder must
repay all interest and special allowance
received on the discharged amount for
periods after the expiration of the 60-
day filing period. The holder cannot
collect from the borrower any interest
that is not paid by the Secretary under
this paragraph.
(4)(i) Within 45 days of receiving the
holder’s request for payment, the
guaranty agency must determine if the
borrower meets the eligibility
requirements for loan forgiveness under
this section and must notify the holder
of its determination.
(ii) If the guaranty agency approves
the loan forgiveness, it must, within the
same 45-day period required under
paragraph (g)(4)(i) of this section, pay
the holder the amount of the
forgiveness.
(5) After being notified by the
guaranty agency of its determination of
the eligibility of the borrower for loan
forgiveness, the holder must, within 30
days—
(i) Inform the borrower of the
determination and, if appropriate, that
the borrower’s repayment obligation on
the loans is satisfied; and
(ii) Provide the borrower with the
information described in paragraph
(g)(1)(iii) of this section.
(6)(i) The holder must apply the
payment from the guaranty agency
under paragraph (g)(4)(ii) of this section
to satisfy the outstanding balance on
those loans subject to income-based
forgiveness; or
(ii) If the forgiveness amount exceeds
the outstanding balance on the eligible
loans subject to forgiveness, the loan
holder must refund the excess amount
to the guaranty agency.
(7) If the guaranty agency does not
pay the forgiveness claim, the lender
will continue the borrower in
repayment on the loan. The lender is
deemed to have exercised forbearance of
both principal and interest from the date
the borrower’s repayment obligation
was suspended until a new payment
due date is established. Unless the
denial of the forgiveness claim was due
to an error by the lender, the lender may
capitalize any interest accrued and not
paid during this period, in accordance
with § 682.202(b).
(8) The loan holder must promptly
return to the sender any payment
received on a loan after the guaranty
agency pays the loan holder the amount
of loan forgiveness.