Discuss whether the united states will prevail

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Reference no: EM131390476

Elizabeth Tilleraas received three student loans totaling $35,500 under the Federal Insured Student Loan Program (FISLP) of the Higher Education Act. These loans were secured by three promissory notes executed in favor of Dakota National Bank & Trust Co., Fargo, North Dakota. Under the terms of these student loans, periodic payments were required beginning twelve months after Tilleraas ceased to carry at least one-half of a full-time academic workload at an eligible institution.

Her student status terminated on January 28, 2006, and the first installment payment thus became due January 28, 2007. She never made any payment on any of her loans. Under the provisions of the FISLP, the United States assured the lender bank repayment in event of any failure to pay by the borrower. The first payment due on the loans was in ‘‘default'' on July 27, 2007, one hundred and eighty days after the failure to make the first installment payment.

On December 17, 2007, Dakota National Bank & Trust sent notice of its election under the provisions of the loan to accelerate the maturity of the note. The bank demanded payment in full by December 27, 2008. It then filed FISLP insurance claims against the United States on May 6, 2009, and assigned the three Tilleraas notes to the United States on May 10, 2009.

The government, in turn, paid the bank's claim in full on July 5, 2009. The government subsequently filed suit against Tilleraas. Discuss whether the United States will prevail.

Reference no: EM131390476

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