What to o if I have a private student loan that has a death clause that states if I or the co-signer dies the loan is default and due immediately?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to o if I have a private student loan that has a death clause that states if I or the co-signer dies the loan is default and due immediately?

My father, who is my co-signer, passed away 2 years ago and I never heard anything from the loan company until this month. They are trying to go after his estate to pay off the student loan. I am still in school. If the estate cannot pay off the student loan, will they force me to pay off the full amount instead of paying once I graduate?

Asked on October 27, 2012 under Bankruptcy Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I suggets that you consult with a consumer law attorney as to the legal effect of the clause that you have written about concerning the student loan. Most likely it is valid and the lender can deem the loan due and payable even though you are still in school.

If your father's estate cannot pay off the loan that he co-signed for, there is a good chance that you would be required to pay it off before graduation under the clause that you have written about unless you and the lender reach some other understanding as to how to resolve the matter in writing.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption