New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 7 - TUITION AND FINANCIAL AID
Part 27 - NEW MEXICO EDUCATIONAL ASSISTANCE FOUNDATION ALTERNATIVELOAN FUND PROGRAM REGULATIONS
Section 5.7.27.9 - THE PROGRAM

Universal Citation: 5 NM Admin Code 5.7.27.9

Current through Register Vol. 35, No. 18, September 24, 2024

A. Mininium/maximum loan amounts. The annual loan limits apply to a twelve month period. Loans made under the NMALF program will have the following annual limits:

(1) the minimum annual amount is $1,500.00;

(2) the maximum annual amount is the lesser of:
(a) the student's estimated cost of attendance for the loan period less the estimated financial assistance to be received for the loan period;

(b) the amount of allowable debt after a credit analysis is performed by the lender.

(3) The lender reserves the right to limit the maximum amount borrowed.

B. Loan origination: NMALF loan applications are processed as follows:

(1) The student, borrower, and/or cosigner obtains a NMALF application. The student completes the student portion; the borrower completes the financial section; and if the borrower is not a credit-worthy individual, he/she is required to obtain a cosigner to complete the financial section.

(2) The application must be sent to the lender with the non-refundable application fee. Applications will be analyzed based on the credit criteria set forth in Section 7 [now 5.7.27.13 NMAC]. The granting of a loan will be at the sole discretion of the lender.

C. Disbursements: The lender will disburse NMALF loan proceeds net of the fee payable upon origination by a check payable to and sent directly to the borrower.

D. Repayment: Repayment shall be in accordance with Paragraph 2-3 [now Subsection C of 5.7.27.8 NMAC].

E. Due diligence: The lender shall exercise due diligence in the making, servicing, and collection of the loans, and shall utilize practices which are at least as stringent as those set forth herein.

(1) Days past due: Action:
(a) 10 days past due: reminder notice to borrower and cosigner

(b) 25 days past due: past due letter 1 to borrower and cosigner

(c) 31-60 days past due: phone call 2 attempts or 1 contact to borrower and cosigner

(d) 40 days past due: past due letter 2 to borrower and cosigner

(e) 55 days past due: past due letter 3 to borrower and cosigner

(f) 61-90 days past due: phone call 2 attempts or 1 contact to borrower and cosigner

(g) 70 days past due: past due letter 4 to borrower and cosigner

(h) 85 days past due: final demand letter to borrower and cosigner

(i) 100 or more days past due: initiation of legal action and/or claim on loan insurance.

(2) Failure to exercise due diligence does not affect the lender's right to collect the loan.

F. Insurance requirement: All loans must be insured by a private loan insurance policy issued by an insurance company acceptable to the lender or covered by NMEAF's self-insurance program.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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