§ 16-101 Definitions
§ 16-102 License required
§ 16-103 Cosigned private education loan
§ 16-104 Cosigner release
§ 16-105 Disability; discharge of liability
§ 16-106 Availability of alternative repayment options
§ 16-107 Record retention
§ 16-108 Prohibition on acceleration of private education loans
§ 16-109 Requirements for collecting on private education loan debt
§ 16-110 Violations
§ 16-111 Rules

Terms Used In Maine Revised Statutes > Title 9-A > Article 16 - Private Education Lending

  • Adult education: means education programs primarily operated for individuals beyond the compulsory school ages and administered by school administrative units. See Maine Revised Statutes Title 20-A Sec. 1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Area of sales responsibility: means the geographical area agreed to by the dealer and the manufacturer in the dealer agreement within which the dealer has the exclusive right to display the manufacturer's new recreational vehicles of a particular line make to the retail public. See Maine Revised Statutes Title 10 Sec. 1432
  • ASHRAE: means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. See Maine Revised Statutes Title 10 Sec. 1413
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1
  • borrower: means any resident of this State who has received or agreed to pay a private education loan for the borrower's own education expenses. See Maine Revised Statutes Title 9-A Sec. 16-101
  • BTU: means British Thermal Unit which is the amount of thermal energy required to raise one pound of water one degree Fahrenheit. See Maine Revised Statutes Title 10 Sec. 1413
  • Camping trailer: means a trailer constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use. See Maine Revised Statutes Title 10 Sec. 1432
  • Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 10 Sec. 1413
  • Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conditioned floor area: means the floor area within the building which is actively heated or cooled by a heating, ventilating or air conditioning system. See Maine Revised Statutes Title 10 Sec. 1413
  • Conditioned space: means space within the building which is actively heated or cooled by a heating, ventilating or air conditioning system. See Maine Revised Statutes Title 10 Sec. 1413
  • Cosigner: includes an individual whose signature is requested as a condition to grant credit or forbear a collection. See Maine Revised Statutes Title 9-A Sec. 16-101
  • Cosigner release: means the release of the obligations of a cosigner on a private education loan. See Maine Revised Statutes Title 9-A Sec. 16-101
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Creditor: means :
A. See Maine Revised Statutes Title 9-A Sec. 16-101
  • Dealer: means a person, firm, corporation or business entity licensed or required to be licensed under Title 29?A, including a recreational vehicle dealer to whom a dealer agreement is offered or granted. See Maine Revised Statutes Title 10 Sec. 1432
  • Dealer agreement: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a recreational vehicle dealer a license to use a trade name, service mark or related characteristic and in which there is a community of interest in the marketing of recreational vehicles or services related to recreational vehicles at wholesale, retail or leasing. See Maine Revised Statutes Title 10 Sec. 1432
  • Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
  • Designated family member: means the spouse, child, grandchild, parent, brother or sister of the owner of a new recreational vehicle dealer who, in the case of the owner's death, is entitled to inherit the ownership interest in the new recreational vehicle dealership under the terms of the owner's will or who, in the case of an incapacitated owner of a new recreational vehicle dealership, has been appointed by a court as the legal representative of the new recreational vehicle dealer's property. See Maine Revised Statutes Title 10 Sec. 1432
  • Distributor branch: means a branch office maintained by a distributor or wholesaler that sells or distributes new or used recreational vehicles to recreational vehicle dealers. See Maine Revised Statutes Title 10 Sec. 1432
  • Distributor representative: means a representative employed by a distributor branch, distributor or wholesaler. See Maine Revised Statutes Title 10 Sec. 1432
  • Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Factory branch: means a branch maintained by a manufacturer that manufactures or assembles recreational vehicles for sale to distributors or recreational vehicle dealers or that is maintained for directing and supervising the representatives of the manufacturer. See Maine Revised Statutes Title 10 Sec. 1432
  • Factory campaign: means an effort on the part of a warrantor to contact recreational vehicle dealers or owners in order to address a part or equipment issue. See Maine Revised Statutes Title 10 Sec. 1432
  • Factory representative: means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of recreational vehicles or for contracting with, supervising, servicing, or instructing or contracting recreational vehicle dealers or prospective recreational vehicle dealers. See Maine Revised Statutes Title 10 Sec. 1432
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fifth-wheel trailer: means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permits and designed to be towed by a motor vehicle that contains a towing mechanism mounted above or forward of the tow vehicle's rear axle. See Maine Revised Statutes Title 10 Sec. 1432
  • Folding camping trailer: means a vehicle mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold to provide temporary living quarters for recreational, camping or travel use. See Maine Revised Statutes Title 10 Sec. 1432
  • Geothermal heat pump: means a central heating or central cooling system that pumps heat to or from the ground. See Maine Revised Statutes Title 10 Sec. 1413
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. See Maine Revised Statutes Title 10 Sec. 1432
  • Gross floor area: means the total area of all floors within the conditioned space, including the floor area of heated basements, measured from exterior faces of exterior walls or the centerline of walls separating buildings. See Maine Revised Statutes Title 10 Sec. 1413
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Heat loss: means the amount of heat transferred annually from the conditioned space to the outside or to an unconditioned space by means of conduction and infiltration as calculated by the method described in this chapter. See Maine Revised Statutes Title 10 Sec. 1413
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Infiltration: means the uncontrolled movement of air into and out of the conditioned space through cracks and interstices in the building envelope. See Maine Revised Statutes Title 10 Sec. 1413
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • lender: means any person engaged in the business of securing, making or extending private education loans or any holder of a private education loan. See Maine Revised Statutes Title 9-A Sec. 16-101
  • Line make: means a specific series of recreational vehicles that:
  • A. See Maine Revised Statutes Title 10 Sec. 1432
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacturer: includes distributor or wholesaler, distributor branch, distributor representative, factory branch and factory representative. See Maine Revised Statutes Title 10 Sec. 1432
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor home: means a motor vehicle designed to provide temporary living quarters for recreational, camping or travel use that contains at least 4 of the following as permanently installed independent systems that meet the National Fire Protection Association standard for recreational vehicles:
  • A. See Maine Revised Statutes Title 10 Sec. 1432
  • New recreational vehicle: means a recreational vehicle that has not been previously sold to any person except a distributor or wholesaler or recreational vehicle dealer for resale. See Maine Revised Statutes Title 10 Sec. 1432
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Original creditor: means the private education lender identified in a promissory note, loan agreement or loan contract entered into with a private education loan borrower or cosigner. See Maine Revised Statutes Title 9-A Sec. 16-101
  • Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1
  • Person: means any natural person, firm, partnership, association, corporation or governmental entity. See Maine Revised Statutes Title 10 Sec. 1413
  • person: includes any other entity in which it has a majority interest or effectively controls, as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1432
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Primary heating system: means a heating system with a rated maximum heat output that is greater than 50% of the design heating load of the building or the unit. See Maine Revised Statutes Title 10 Sec. 1413
  • Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1
  • Private education loan: means an extension of credit that is extended to a consumer expressly, in whole or in part, for postsecondary education expenses, regardless of whether the loan is provided by the education institution that the student attends, and that is not made, insured or guaranteed under the federal Higher Education Act of 1965, 20 United States Code, Chapter 28, Subchapter IV. See Maine Revised Statutes Title 9-A Sec. 16-101
  • Private education loan collection action: means any judicial action in which a claim is asserted to collect on a defaulted private education loan. See Maine Revised Statutes Title 9-A Sec. 16-101
  • Private education loan collector: means a person collecting or attempting to collect on a defaulted private education loan. See Maine Revised Statutes Title 9-A Sec. 16-101
  • Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1
  • Proprietary part: means a part manufactured by or for the manufacturer and sold exclusively by the manufacturer. See Maine Revised Statutes Title 10 Sec. 1432
  • Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1
  • Publicly supported secondary school: means :
  • A. See Maine Revised Statutes Title 20-A Sec. 1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recreational vehicle: includes motor homes, travel trailers, fifth-wheel trailers and folding camping trailers. See Maine Revised Statutes Title 10 Sec. 1432
  • Recreational vehicle dealer: means any person who sells or solicits or advertises the sale of new recreational vehicles. See Maine Revised Statutes Title 10 Sec. 1432
  • registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72
  • Remodeling: means the addition to an existing building of new conditioned space that is heated electrically or the conversion of existing space from nonelectric heat to electric heat. See Maine Revised Statutes Title 10 Sec. 1413
  • Renovation: means the reconstruction, removal or replacement of any portion or element of an existing building that affects the heat loss or gain of the building, illumination of the building or the heating, ventilating or air conditioning system of the building when the total cost of the renovation exceeds 75% of the assessed value of the building, but does not include normal maintenance and repair. See Maine Revised Statutes Title 10 Sec. 1413
  • Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation or mortgage in any form, whether by transfer in trust or otherwise, of any recreational vehicle or interest in a recreational vehicle or of any dealer agreement related to a recreational vehicle and any option, subscription or other contract, or solicitation looking to a sale, or any offer or attempt to sell in any form, whether spoken or written. See Maine Revised Statutes Title 10 Sec. 1432
  • School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1
  • School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1
  • Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1
  • Supplier: means a person, firm, corporation or business entity that engages in the manufacture of recreational vehicle parts, accessories or components. See Maine Revised Statutes Title 10 Sec. 1432
  • Total and permanent disability: means the condition of an individual who:
  • A. See Maine Revised Statutes Title 9-A Sec. 16-101
  • Trailer: means a vehicle without motive power and mounted on wheels, designed to carry persons or property and to be drawn by a motor vehicle and not operated on tracks. See Maine Revised Statutes Title 10 Sec. 1432
  • Transient customer: means a customer who is temporarily traveling through an area of sales responsibility. See Maine Revised Statutes Title 10 Sec. 1432
  • Travel trailer: means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permits when towed by a motor vehicle. See Maine Revised Statutes Title 10 Sec. 1432
  • Truck camper: means a portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a truck. See Maine Revised Statutes Title 10 Sec. 1432
  • Warrantor: means a person, firm, corporation or business entity, including a manufacturer or supplier, that provides a written warranty to the customer in connection with a new recreational vehicle or parts, accessories or components of a new recreational vehicle. See Maine Revised Statutes Title 10 Sec. 1432
  • wholesaler: means any person that sells or distributes new or used recreational vehicles to recreational vehicle dealers or that maintains distributor representatives within this State. See Maine Revised Statutes Title 10 Sec. 1432