By Frontino Gamelin at September 30 2018 18:39:56
Loan agreements, like any contract, reflect an "offer," the "acceptance of the offer," "consideration," and can only involve situations that are "legal" (a term loan agreement involving heroin drug sales is not "legal"). Loan agreements are documented via their commitment letters, agreements that reflect the understandings reached between the involved parties, a promissory note, and a collateral agreement (such as a mortgage or a personal guarantee). Loan agreements offered by regulated banks are different from those that are offered by finance companies in that banks receive a "banking charter" granted as a privilege and involving the "public trust."
In certain cases where you have repaid some installments of a previous student loan independently, you would be given the authority of branching away the Co-borrower. This is known as Co-Borrower Release and by doing so, you ensure that the loan repayment is entirely yours. This also puts you in a position where you are not hit by the Credit History of your Co-Borrower. Both of you are separate entities speaking from the loan perspective and you would hence need to take charge of repaying your loan off.
Loan agreements fall into two main types, according to the type of lender, and according to the type of facility. With respect to the type of lender, there are bilateral loans and syndicated loans. Syndicated loans are provided by groups of lenders, and their structuring and arrangement, as well as their administration, are carried out by more than one bank, commercial or investment ones, and the lending banks are also referred to as arrangers.
For commercial banks and large finance companies, "loan agreements" are usually not categorized although "loan portfolios" are often broadly characterized into "personal" and "commercial" loans while the "commercial" category is then subdivided into "industrial" and "commercial real estate" loans. "Industrial" loans are those that depend on the cashflow and creditworthiness of the company and the widgets or service that it sells. "Commercial real estate" loans are those that repay loans but that depend on the rental revenues paid by tenants who lease space, usually for extended times. More granular categorizations of loan portfolios exist but these are always variations around the larger themes.
It is important to note that some banks do report deferred payments as delinquent. Therefore, it is crucial to ask lenders how they report to credit bureaus before entering into a contract. Payments reported as past due can reduce FICO scores. Depending on credit scores, a reduction of ten points can place debtors in a lower credit category; making it difficult to obtain credit in the future.