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Education loans: the documents you need and how a decision is reached

How federal and private student loans differ, what a private lender is required to tell you, and what happens when an application is turned down.

Spectre Editorial

· 6 min read

Contents

Paying for school often means borrowing, and the paperwork can feel opaque: which forms come first, what a lender looks at, and what you are owed if the answer is no. This guide explains how the process generally works in the United States, drawing on the Department of Education and federal lending rules. It is general information, not advice, and Spectre does not offer education loans.

Two kinds of student loans

The U.S. Department of Education's Federal Student Aid office divides student loans into two groups. Federal student loans, including loans to parents, are funded by the federal government. Private student loans are nonfederal loans made by a lender such as a bank, credit union, state agency or school.

Its guidance on federal versus private loans is direct: if you need to borrow for college or career school, start with federal loans. Federal loans have terms set by law and include benefits not typically offered with private loans, such as fixed interest rates and income-driven repayment plans. Private loans have terms set by the lender, and Federal Student Aid describes them as generally more expensive.

Its side-by-side comparison highlights several practical differences:

  • When payments start. Federal student loan payments are not due until after you graduate, leave school or drop below half-time enrollment. Many private loans require payments while you are still in school, although some allow you to defer them.
  • Interest rates. Federal rates are fixed. Private loans can be fixed or variable, and may be higher or lower than federal rates depending on your circumstances.
  • Subsidies. Students with financial need may qualify for a subsidized federal loan, where the government pays the interest during school and certain other periods. Private loans are often not subsidized.
  • Credit checks. Federal student loans do not require a credit check, except PLUS loans. Private loans often require an established credit record or a cosigner.
  • Repayment and relief. Federal loans offer several repayment plans, including one tied to income, and options to temporarily postpone or lower payments. For private loans, Federal Student Aid says to check with the lender.
  • Forgiveness. Some federal borrowers in public service may qualify for partial forgiveness; many private lenders do not offer it.
For federal loans, the first document is the FAFSA; for private loans, the first document is usually the lender's own disclosure.

The documents involved

For federal loans

To get a federal student loan, Federal Student Aid says you first complete the Free Application for Federal Student Aid (FAFSA®). Your school then typically includes any loans you qualify for in your financial aid package.

For private loans

Each private lender sets its own application requirements, but federal rules shape the paperwork in a few consistent ways.

The lender's eligibility requirements are disclosed up front. Under Regulation Z, the application or solicitation disclosure for a private education loan has to state any age or school enrollment requirements for the borrower or cosigner. It must also state that you may qualify for federal student aid, and point you to your school or the Department of Education's website for details.

A self-certification form. Before a private education loan for postsecondary expenses is finalized, Regulation Z requires the lender to obtain a self-certification form, developed by the Secretary of Education, from you or your school. The rule's official interpretation refers to the student's cost of attendance and other financial aid in describing how the form is used.

Cosigner details, if there is a cosigner. The FTC's cosigning FAQs explain what that means: a cosigner agrees to be responsible for someone else's debt, the lender can collect from the cosigner without first trying the borrower, and the loan shows up as the cosigner's obligation, so the borrower's payment history can affect the cosigner's credit.

Information about income, work and credit history. The specific list varies by lender. A useful way to see what lenders weigh is the CFPB's sample adverse-action form in Regulation B, covered in the next section.

How a decision is reached, and what you are told

Fair treatment. The Equal Credit Opportunity Act and its implementing rule, Regulation B, prohibit discrimination in any aspect of a credit transaction on a prohibited basis. Regulation B defines those bases as race, color, religion, national origin, sex, marital status or age (provided the applicant can enter a binding contract); the fact that some or all of an applicant's income comes from a public assistance program; and the applicant's good-faith exercise of rights under the Consumer Credit Protection Act.

What lenders look at. Regulation B's sample notice lists reasons a lender might give for declining an application, including an incomplete application, income that is insufficient for the amount requested, excessive obligations relative to income, being unable to verify employment or income, limited credit experience, no credit file, delinquent credit obligations, and the number of recent inquiries on a credit report. It is a sample, not a scoring formula, but it shows the kinds of factors weighed.

Timing and the notice. Under Regulation B § 1002.9, a lender generally has to notify you of its decision within 30 days of receiving a completed application. If it takes adverse action, such as a denial, the notice must either give the specific reasons or tell you that you have the right to a statement of the specific reasons if you ask within 60 days.

Specific reasons, not generic ones. Regulation B says it is not enough for a lender to say only that the decision was based on its internal standards or policies, or that the applicant did not reach a qualifying score on its scoring system. The reasons must point to the factors actually considered.

When a credit report was involved. The CFPB explains that if a lender's decision was based on your credit report, it must also give you the credit score it used and the key factors that affected that score. You can get a free copy of the report from the credit reporting company that provided it within 60 days, and dispute anything inaccurate. The CFPB covers these steps in its guide to what you can do if your application was denied.

Reading the terms before you accept

Regulation Z sets out a sequence of private education loan disclosures and protections.

  • Application or solicitation disclosure: rates offered, fixed or variable, fees, the loan term, payment deferral options and cost estimates for each, eligibility requirements, and information about federal alternatives.
  • Approval disclosure: the approved principal, the deferral option chosen, interest that may accrue while you are enrolled, and cost estimates at the current rate and at the maximum possible rate, including the maximum monthly payment.
  • Time to compare: you can accept the terms within 30 calendar days of receiving the approval disclosure, and the application disclosure states that the terms will not change for 30 days except for interest-rate adjustments and other changes permitted by law.
  • Final disclosure and right to cancel: after you accept, you receive a final disclosure and can cancel without penalty within three business days. No funds may be disbursed until that period ends.

Federal Student Aid's comparison also notes that federal loans have no prepayment penalty, and that for private loans it is worth confirming there is none.

For help, Federal Student Aid says the first contact for either kind of loan is the loan servicer. If that does not resolve a problem with a private loan, it points borrowers to the Consumer Financial Protection Bureau; for federal loans, it points to its own feedback center.