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."
Private student Loans is another alternative that comes into force rescuing students who have a bad credit history. I have heard of many cases where students apply for loans as a supplement with their Stafford or Perkins loans. In other cases, I have seen people applying for student loans with private organizations when their Stafford loan amount comes to an end.
There are many financial institutions that offer private student loans with bad credit. The only fuss in the deal is the requirements of the financial institutions. Most entities that I know of providing this service would require a Co-borrower or a Co-Signer. This means as a student you and your parents would need to sign on the loan agreement agreeing to repay the loan.
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