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Loan Agreement Between Family

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To stay clear of any legal involvement, both parties concerned must comply and honor all agreements made. Since the loan agreement serves as a contract and legal documentation, a violation of the terms and agreements can lead to a legal case and the written agreement can function as proof in court.

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."

Students attending college at least half-time can apply for in-school deferment. This option is sometimes available to post graduates who have entered into college loan consolidation. In-school deferment is only available to students enrolled in or graduated from accredited schools and cannot be used for online education tuition.

Be careful applying for private loans with banks. If your bank requires a co-borrower to sign on the agreement before the loan is sanctioned, make sure that your co-borrower has a good enough credit history. Not having a good credit history could jeopardize your chances of getting the private student loan that you would have otherwise got stand alone.

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