Title 20, Chapter 3, Section 273
( 20-3-273)
The corporation is authorized to pay to the lender, on behalf of a
student borrower and out of the corporation's state interest subsidy
and loan discount fund, interest accruing on a loan guaranteed by
the corporation which is not eligible for payment of the federal
interest subsidy provided for in the federal act; provided, however,
that no loan shall be guaranteed and no such interest shall be paid
by the corporation, unless the loan is eligible for federal
reinsurance and federal special allowance payments pursuant to the
federal act and unless the state has appropriated funds for use by
the corporation for the purposes of this Code section, and that such
appropriated funds plus funds then in and projected to become
available to the corporation's state interest subsidy and loan
discount fund are deemed to be sufficient to enable the corporation
to meet its state interest subsidy and loan discount payment
obligations to become due and payable during the period of any
fiscal year for which the General Assembly has already enacted an
appropriations Act. Interest accruing and payable on a nonfederally
subsidized loan guaranteed pursuant to this Code section shall
thereafter be payable by the corporation at the same times, in the
same manner, and during the same periods of time as the federal
interest subsidy is otherwise payable on federally subsidized loans
pursuant to the federal act. Interest paid on behalf of a student
borrower under this Code section is declared to be a loan to the
student by the state under this part and guaranteed by the
corporation as to repayment by the student in the same manner as if
such nonfederally subsidized interest had been deferred and
capitalized by the lender holding the underlying loan. The loan of
interest made on behalf of a student borrower under this Code
section must be repaid by the student borrower by virtue of this
Code section and pursuant to provisions set forth in the promissory
note executed by the student evidencing the underlying loan. Such
interest loan may be repaid by the student, without interest
accruing thereon, at any time before maturity of the underlying
loan, but shall in any event be repayable in full, without interest
thereon, upon maturity of the underlying loan or thereafter, without
interest thereon, in monthly installments agreed to by the
corporation. Interest loans repaid to the corporation pursuant to
this Code section and the underlying promissory note shall be
credited to the corporation's state interest subsidy and loan
discount fund for further use by the state for purposes of that fund
as provided for in subsequent appropriations Acts of the General
Assembly. Failure by a student to repay an interest loan owed to the
state under this Code section when due shall constitute a default
thereon, subject to any forbearance granted to the student by the
corporation on behalf of the state, and may thereafter be paid as a
default at any time by the corporation; but any default by a student
in the payment of an interest loan shall not constitute a default by
the student to the lender on the underlying loan. The right of the
corporation to collect an interest loan due and owing by a student
to the state under this Code section is not subrogated to the right
of the lender to collect the underlying loan nor to the right of the
corporation to collect any amount becoming due to the corporation on
the underlying loan. |