SECTION 22.187. Deceased or Disabled Borrowers and Cosigners

(a) Upon final verification of the death or determination of permanent and total disability of a borrower, all loans through the Program shall be discharged unless there is a judgment against the borrower and the Commissioner determines that a release of the borrower's liability is not in the best interest of the Program.

(b) Verification of death and determination of permanent and total disability of a borrower or cosigner through the Program shall be made in accordance with the governing provisions of the Federal Direct Loan Program.

(c) The final verification of death and determination of permanent and total disability of a borrower or cosigner shall be made by Board Staff.

(d) Upon final verification of the death or determination of permanent and total disability of a borrower, the liability of the cosigner for that borrower shall be discharged.

(e) Upon final verification of the death or determination of permanent and total disability of a cosigner, Board Staff shall determine if the release of the liability of the cosigner is in the best interest of the loan program and, if so, shall authorize a release of the cosigner's liability, whether or not there is a judgment against the cosigner.

Source Note: The provisions of this §22.187 adopted to be effective January 1, 2023, 47 TexReg 8983