They said if his payment was late, even by a day, the 36 months start over from that point. Can you please clarify if this is legal? Everything I have heard suggests that the standard is for 24 months of consistent payments.
-- Donna Debtor
The bank originated the student loan, but ACS is the loan servicer. It keeps track of loan payments, terms and loan balance. There are plenty of student loan borrowers frustrated with ACS, including you. Still, it doesn't mean what they're doing is necessarily wrong.
Look at the loan document to find provisions for release of a co-signer. The loan agreement determines provisions of the loan, not the loan servicer.
With private student loans, terms vary by lender. On-time payments aren't always enough. To qualify, the primary borrower also has to meet the credit requirements to have the loan in his name only.
The "no late payment" requirement typically requires payment to be made within the grace period. Check the loan agreement for that provision as well.
Odds are that the loan servicer correctly relayed the terms of the loan agreement and when you would qualify to be released as co-signer. After reviewing the loan documents, if you find that they are violating terms of the loan agreement, then you can pursue other regulatory or legal options.
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