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Altered Promissory Notes On Student Loans???


telula68
Rep Points:
Posted on May 30, 2009 at 7:13 am
Yes...I have defaulted...and I tried really hard not to but NYSHESC wouldn't even accept my Affordable payment and said I had to pay way more than I could even though I qualified for Reasonable and affordable payments. I'm disabled and only work part time and was able to prove that I qualified but three time they simply ignored my paperwork. They wouldn't take what I could give, or even what I was allowed to give under their own plan and sent me to collections. now....20 plus phone calls every day. Not kidding. I don't answer. I know I owe this money. I was not trying to run from it but I have no choice now. They are already taking my income taxes and I can't even tell who the callers are because if I check the number it says it is not available. All messages are automated or just people that say Hello? Hello? And wait for me to answer.
I responded to one of the collectors, Gen Rev, via mail and requested validation of the loans. They refused to send me anything for months and just kept harassing me and sending nasty letters. I sent all of my requests to them registered mail yet they refused to respond. Today I finally got a packet of papers from the Gen Rev. Along with all the grainy. unreadable copies of the promissory notes are pages that say " NYHESC Lender's Indemnity Agreement For Lost or Unsigned Promissory Note"
Of course I can't understand what these mean because I'm probably not supposed to but they all have a checked box next to The original notes are defective in the following manner" ALTERED.

What does this mean? Does anyone know?
Telula

Steven
Rep Points:
Posted on May 30, 2009 at 3:25 pm
Hi Telula,
I am not too familiar with this situation but I do know, for starters, that a promissory note is simply an acknowledgment of a debt and promise to pay that debt back.

From your post, it appears that the at some point your note was lost or destroyed. If this is the case, it would be the lender's responsibility to execute new paperwork for the loan. 

An indemnity agreement is simply an agreement that determines financial responsibility, in your case for the student loan. So, to me, it sounds like "Lender's indemnity agreement for lost or unsigned promissory note" is their way of notifying you in writing that you are still responsible for the debt, but since the original note was lost/destroyed it has been "altered" into a new note.

Again, I am not 100% sure about this, and I am sorry for that, however, I hope this helps a little bit. I wish you the best of luck with your situation!

samual (Guest)
Rep Points:
Posted on June 1, 2009 at 2:40 am
Its very good blog for the people who are heaving credit theft problems. Our http://www.creditreportproblems.com/ Lawyers will give you full protection from all these problems. wrong credit report, credit theft and your credit information theft it make general. but why it happened we can stop it by  good facilities.

telula68 (Guest)
Rep Points:
Posted on June 1, 2009 at 6:40 am
Thanks for the replies. I understand that I owed the original debt and tried so hard to keep up with it but with no protection and barely any rights when it comes to student loans I am now unable to pay even the collection charges let alone any of the actual loan. when Is congress ever going to address this issue? I can't even participate in the new Income contingent payment plan that will begin soon. I am in default and of course can't use the plan. There has to be a clause everywhere to stop us from getting anywhere!

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