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12/3/10 UPDATE: I finally found and corrected all the bad links on this page, I appologize for the frustration that they caused those that tried to see the documents and images. I was unaware that my "free webpage composer" changed all the directory listings...The price of poverty once again is paid... SORRY...

The Department of Ed. has claimed for over 20 years that they have a "signed promissory note" and that is why I owe them. They have in the past sent me a "copy of the Promissory Note" to prove that I owe them.

The "promissory note" that they claim to have is actually only the signed/dated GSL Application for a loan, not the REAL unsigned/undated GSL Promissory Note, which I found out last year that they have had in their files for over 20 years, but never shared with ME!

So, on this page I will go into great  depth explaining the differences between the two and why they are NOT one and the same document
.

Perhaps after I go to such lengths to educate the Depart. of Ed they will KNOW the difference in the future and not subject some other poor soul such as myself to this kind of ignorance in action.

Unsigned/undated issued by Trans World Ins. Co, aka EDUCAID aka Money Store who was the Original Lender. This REAL GSL PNOTE has been in their files since 11/14/88, it was suppose to be signed/dated by me when I got the loan, which neither ever happened, I didn't get the loan and I never signed/dated the GSL PNote, thus is why I never saw this document until last year 2009, after Depart. of Ed finally sent a copy of it to me.

  GUARANTEED STUDENT LOAN PROMISSORY NOTE
Has stamp "Affix to Back of Promissory Note"
Back


Signed/Dated GSL Application, claimed by Depart. of Ed to also be the above document.

GUARANTEED STUDENT LOAN (GSL) APPLICATION/PROMISSORY NOTE

ALSO has stamp "Affix to Back of Promissory Note"
Back

Exactly HOW MANY Promissory Notes is one GSL suppose to have?

How do I know that Depart. of Ed didn't find this in the dumpster and just decide to collect from me? I have repeatedly ask for PROOF that I owe them and this is all that they can come up with, it doesn't even have their name on it!


UPDATE 10/28/10
Todays mail brought a large envelope from Ed. Depart.. Inside was the documents request by Jeff the Sallie Mae Advocate. A separate GSL Application and a separate GSL Promissory Note unsigned/undated by anyone. Front and Back of both, all four stapled together, so they really do know the difference between a Application and a Promissory NOTE!!!! So why are they still claiming the Application as the Signed Promissory Note
to be their "proof" that I signed a Promissory note (never mind  the REAL GSL PROMISSORY NOTE that has been unsigned/dated in their files for over 20 years!)?


The Backs of Both of them have the Stamp: "AFFIX TO BACK OF PROMISSORY NOTE" It doesn't say "Affix to all documents that you want to claim as Promissory notes!" Affix to ONE document, PROMISSORY NOTE..

GUARANTEED STUDENT LOAN (GSL) APPLICATION/PROMISSORY NOTE

  • This Guaranteed Student Loan (GSL) Application/Promissory Note is what is Claimed by Department of Ed as Promissory Note. Below are quotes from the Letters that I have received from them, some of which had this document enclosed front and back as their "Proof" of it being a promissory note. This is also the same document that has been sent to me for the past 20 plus years when I have ask for the Proof, that I owe this!
    • Dated 10/13/10 and received 10/18/10 with about 30-40 other documents. This blue Highlight was on this when I received it, showing what Depart of ED considers as making it into the "Promissory Note" that I signed.
    • Letter received with package above dated 10/13/10 P. 3 states:
      • "By reason of default and the terms of the Promissory notes"...Note the "notes" as in more than one now!
    • Ombudsman Letter 7/16/10 bottom paragraph
      • "A copy of the promissory note for the loan you received to attend Muir Technical College, is enclosed.  Because the Department holds the promissory note and other records supporting the existence of this debt, you have the burden to prove that the debt is not owed."
        • A copy of the above GSL Application was what was enclosed!
        • And I AM proving that I do NOT owe it!
    • Letter dated 8/24/10 FSA (Ed Depart.) 3rd paragraph:
      • "......Because the Department holds the promissory note and other records supporting the existence of this debt, you have the burden to prove that the debt is not owed....."
        • Just because the "debt" might exist does NOT prove that the Department has juridication over it or ME! Especially with their using "FRAUDULENT" documents as the basis of their claim!

    • Letter dated 4/27/10 FSA (Ed Depart.) Second paragraph:
      • ".......The promissory note you signed before receiving the loan explained the terms of the loan and outlined your rights and responsiblities as a borrower." ....
      • Notice the "you signed before receiving the loan", it is suppose to be WHEN you received the loan, who signs for a loan that they have NOT received yet? If that were the case, everyone who ever "applied for a loan" would have to repay it, even IF they never received it! Just as they are attempting to make me do!

      • The letter goes on to read:
      • "The promissory note is a binding legal document. When you signed the promissory note, you were agreeing to repay the loan according to the terms of the note."
        • Binding legal document on ALL parties to it! Including Depart of Ed! We will definitely see how they are doing under this "binding legal document" below!
        • Where are the Terms on this NOTE that Depart of Ed is claiming?
    • Page 2 Letter dated 4/27/10 Top paragraph:
      • "and the terms of the borrower's promissory note, the borrower is liable for collection costs, which are projected to total $1,589.29."
        • This AIN'T my promissory note IT IS THEIRS so they can pay the collection costs!




AND a LOT of promblems with it!

dated 11/06/87 by me, 11/11/87  and 11/14/87 GSL Acct. #2 Loan  

  • UPDATE 11/4/10: Although this is very difficult to read the 3rd paragraph of the Application (claimed Promissory note) fine print in middle, it reads in part "terms and conditions contained in the Disclosure Statement that will be provided to me no later than the time of the first disbursement of this loan."
cut out of fine print
  • The "Borrower Disclosure and Indebtedness Information" (Lender copy) shows: "Sec. C: YOUR OUTSTANDING LOAN INDEBTEDNESS (INCLUDING THIS LOAN) $6,625.00". At the top left corner it reads: "Disbursement Number, and SCHEDULED DATE: 11/18/87" Which shows that is when it was "SCHEDULED" not PAID/CASHED/RECEIVED by me or Muir TECH.
  • Which we know is not true, since the SLS $4,000.00 was not "loaned" until the "Check Request FAX of 3/2/88" which shows it was "Paid on March 29, 1988 and REFUNDED back on 4/13/88" a total of two weeks SLS loan period. ALSO note: the third cut/paste with the letterhead and my "Supposed signature" that authorized this farce....and cutout.
  • The "CLAIM PACKAGE OF DEFAULT AND CLAIM FOR REIMBURSEMENT" shows on page 8, that on entry dated  "6/25/88 HA23B852062588DISCLOSURE STATEMENT (501) 83" 
  • So according to the fine print on this "legal binding agreement claimed by Department as the "Promissory Note"
    • "Disclosure Statement that will be provided to me no later than the time of the first disbursement of this loan." THE FIRST DISBURSEMENT would have been on 6/25/88 when I was sent the "DISCLOSURE STATEMENT" as the computer readout indicates on the Claim Package! Which is well over the "enrollment period" and my LDA.
  • QUOTE    :From the experts at Department of ED (emphasis added)

    Question:A school certifies/originates a Stafford Loan for the fall and spring terms. However, after completing the fall term the student fails to enroll spring term. Can the school adjust the loan period to a one term loan, adjust the disbursement dates, and make a late disbursement based on these adjustments?

    Answer: No. Any adjustment to the loan period resulting in a late disbursement would have had to take place when the borrower was enrolled and otherwise eligible. It cannot take place after the borrower is no longer enrolled at least half-time."

  • March and April 1988. EDUCAID caught the LDA that was reported in Dec. 1987, and questioned MUIR about it in several documents, while Muir was claiming 3/2/88.
    • EDUCAID sent in "status change reports" to correct the dates in March and April 1988,
    • The "computer readout was already showing me being on GRACE for 2/1/88 and 3/1/88!
      • Claim Package P. 3   Entries dated: "02/01/88 S00 GRCE" and "03/01/88 S50 GRCE"
        • This Definition on the REAL GSL Promissory Note (unsigned/undated) Shows the terms/conditions of the Grace Period at that time (Right side following Borrower info.). BTW where is that statement on this "Promissory Note" as claimed by ED?
      • Claim Package P.8 Shows at entry dated: "07/01/88LETTER" and at entry dated: "07/15/88 1st DELQ NOTICE 5-17 DYS RECENT PURCHASE".  So, by Muirs LDA claim 3-2-88 I had only used about half of my six months Grace Period, but according to the computer readouts I was delinquent!
    • "status change reports"
      • Check Request Fax this is the document that they were questioning the "Withdrawal Date 3/2/88" same date as Fax sent on very top.
      • Received 6/23/88 Letter from Muir with "Withdrew" checked "Date 3-7-88" they changed it again. The "Disclosure Statement was sent two days later on 6/25/88!"
    • Which means that my Six month Grace Period that started the MONTH FOLLOWING my leaving would have started in Jan. 1988 and my LDA would have been Dec. 1987, just as I have always claimed!

  • SO HOW did EDUCAID "disburse the SLS" to Muir AFTER I was already gone and on Grace period? AND HOW could the GSL be "disbursed as stated in Claim package on  6/25/88 with the "Disclosure Statement rules"?
    • Since they could NOT legally disburse this loan but did anyway, Sallie Mae covered their ass, when they stated that my "SEPARATION DATE was 3/30/88" the DAY AFTER this check request was PAID Mar. 29, 1988!
    • Note the 11/14/87 this becomes the date on which the Loan Disbursement is claimed to be sent on 11/17/87 and 11/18/87 on all other documents that reference "disbursement".... 3 and 4 DAYS before the disbursement dates, these were sent stating that the Loans were "disbursed" HUM, must be physic, what if there had been a tidal wave, earthquake, U.S. Postal strike... I guess that this would still PROVE that the loans were "sent" 3 or 4 days later... BULL!

  • Department is claiming this GSL Application is the Promissory Note  instead of the UNSIGNED  GSL  Promissory  Note Unsigned GSL PNotes Ed. Front that was issued by Trans World Insurance Co. as outlined in excerpts below.  The following clearly states that it is TWO different documents, NOT a combined one as claimed by Depart. of  Ed., that MY Lender used, BTW MY original LENDER was NOT Sallie Mae!

    The following excerpts are from a Securities and Exchange Commission filing in 1996 by Educaid, AKA Trans
    World Insurance CO. AKA Money Store. Securities and Exchange Commission on December 26, 1996

    • "The Higher Education Act specifies rules regarding loan origination practices, which lenders must comply with in order for their loans to be guaranteed and to be eligible to receive Federal assistance."

  • .....procedures require that completed loan applications be processed........the promissory note evidencing the loan be executed by the borrower and then that the loan proceeds be disbursed in a specified manner by the lender.**** 

    • Three different procedures: "loan applications be processed" "the promissory note evidencing the loan be executed by the borrower" and "and then that the loan proceeds be disbursed in a specified manner by the lender."

    • "SPECIFIED MANNER BY THE LENDER" NOT DEPART. of ED.

    • Upon approval of an application by both TWIC and the respective Guarantor and receipt of evidence from such Guarantor that the applicable loan is guaranteed, TWIC causes the proceeds of such loan to be disbursed in one or more installments. For each loan that is made, TWIC forwards or causes to be forwarded the completed loan application and executed promissory note to the applicable Master Servicer, which serves as custodian for such materials.

      • Two documents again: "completed loan application" and "executed promissory note" BTW executed as in SIGNED!

      • The Department has determined that it can change these procedures and claim that the application is now the Promissory Note and undermine all of the investors and the rules by which the investors accepted these notes since 1990? When did the Department become GOD? When did they become the ruler of the rules/regulations/procedures governing the filings with the Securities and Exchange Commission? THEY CAN'T!!!!!

Now a look at the

GUARANTEED STUDENT LOAN (GSL) APPLICATION/PROMISSORY NOTE

Back

. The problems with the “application/promissory note”  that is claimed to be signed and claimed as proof of this debt by Ed Depart., (the first question that comes to mind) is:

Was there even such a form as this that was being used in 1987? All references that I can find state that a “common application/promissory note” did NOT even come about until the early 1990's. Since this would be the first major question, perhaps you have more information on this form used by HEAF. I would greatly appreciate a readable copy of a blank one front/back, or even one that has the borrower's information cutout. I ask because the form itself is a direct contradiction of its purpose. The instructions that are contained within it, are impossible to fulfill in the manner indicated.

IN fact IF the middle section were removed and the upper right hand corner the /PROMISSORY NOTE part were removed, there would NOT be any doubt, this would be just a GSL APPLICATION. Which btw both parts could have just as easily been "pasted in"...HUM, I don't see any other reference to a "Promissory note" any where else on it. In fact Item #57 substantiates this. Why would it want PROMISSORY NOTE STATUS, when the same form was either signed or NOT?


  • Example: Item #12. Amount REQUESTED. It does NOT say amount loaned, approved, or any other language to suggest that this is more than a REQUEST for money. Whereas a REAL Promissory NOTE does contain that language. Amount Loaned, Received, etc.
  • Section between Item #23 and #24 NOTICE TO BORROWER: In part reads “.........to the extent that it is advanced to me............(a legible copy of those checks front/back would solve this one) ….I am entitled to a copy of this Promissory Note. By signing this Promissory Note I acknowledge that I have received an exact copy of it.”

This last part is what is impossible to accomplish with this form. I could NOT receive an EXACT copy of it when I signed it, because the bottom portion had NOT been filled out yet and the bottom part would NOT have been filled out IF I refused to sign it, because I would NOT have been requesting a loan! Also, in the small space between item #23 and #24 “promissory NOTE” is used 7 times, kind of overkill on that one, unless someone was trying to convince others that an APPLICATION had become a PROMISSORY NOTE! HUM

IF the bottom portion Section B had been filed out as it is on the form now, I would have refused to sign it! I was NOT working, I did NOT have any family to contribute anything, AND I had a adjusted Gross income of HOW MUCH? 0. That entire section as filled out is a falsehood that I would NOT have been a party too, nor would I have signed it with this information on it. I don't recall EVER receiving a copy of this from MUIR.

If this were to be deemed a “promissory note” exactly which amount would I owe under it? The requested amount? Or item #36. Estimated Financial Aid for Loan Period $2100.00. Also, the other two persons that signed/dated the bottom portion, are they the Lenders that I have to pay the requested amount back to? How do I pay them one lump sum? Or divide it among them? OR are they the Co-signers on this “promissory note” are they also responsible as indicated in the middle section as Co borrower's? Since their signatures are on there also.

This alleged “promissory note” also lists two disbursement dates and amounts, so therefore there should have been two checks that were issued and signed/cashed by me, so where are they? If that part wasn't fulfilled by the LENDER, would it be a breach of this promissory note and make it null and void? Since the lender did NOT fulfill his part of the agreement?

There are only a few more problems as I see them with this being a “promissory note” besides the above, its the wrong school and wrong school address, just another little mistake on a legal document that would be binding on both parties. Was I suppose to drive all the way to San Diego to attend class, when I enrolled in San Marcos?

Also note: Lower bottom left corner Section D To be completed by HEAF. IF this were a PROMISSORY NOTE, then why would item #57 state PROMISSORY NOTE STATUS? IF this were the promissory note, wouldn't the status be apparent? It is either signed or not! NOTICE THAT this box is NOT marked “as the PROMISSORY NOTE being signed”.

*** This document presents a few problems for being claimed as Departments MAIN/SOLE "PROOF" of a signed Promissory Note and my owing them for this debt.

Background:

    1. In 1987 there were two documents required, an Application and a separate Promissory Note versus  just one, as is done now with the use of a combined Application/Promissory Note. In 1987 they were Not a combined form. There are several documents that detail the "loan disbursement procedure" of that time. 

  • One of them is the Educaid (Lender on this debt) Prospectus filed in 1996 with the Exchange Commission.  Excerpts from it here and the complete, lengthy filing here. Applicable text is highlighted for ease of finding. 
  • Excerpts:
  • **** "The federal guarantee of Federal Loans is contingent upon compliance with a variety of due diligence regulations, as further described herein." ******
  • ......." Generally, those procedures require that completed loan applications be processed........ the promissory note evidencing the loan be executed by the borrower and then that the loan proceeds be disbursed in a specified manner by the lender.**** .."
  • ********Origination Process. The Higher Education Act specifies regulations regarding loan origination practices, which lenders must comply with in order for their loans to be guaranteed and to be eligible to receive Federal assistance.
  • "......Upon approval of an application by both TWIC and the respective Guarantor and receipt of evidence from such Guarantor that the applicable loan is guaranteed, TWIC causes the proceeds of such loan to be disbursed in one or more installments. For each loan that is made, TWIC forwards or causes to be forwarded the completed loan application and executed promissory note to the applicable Master Servicer, which serves as custodian for such materials. ******* "

Further down this list it will be shown that Educaid DID abide by these rules/regulations/procedures when they issued a GSL PROMISSORY NOTE as well as the GSL Application. 

QUESTION: Does the "Department" have the supreme power to change the above regulations/rules/procedures of EDUCAID by simply stating that one document is actually another?  (i.e. The Application is now the promissory note). IF they claim this power and it is recognized as such, then the entire base of stock investors that bought into the above "notes purchase" are screwed! They have worthless paper that can be changed at the will of the Department. That could explain to a great extent why the stock market is so messed up, if this is possible!

  •  Further Proof that the GSL Application is NOT a Promissory Note as claimed by Department.
  • It is impossible to perform under this as a binding legal agreement (Promissory Note), other than just an application for a GSLoan.

    Above Signature Line: #23 Signature Borrower " (Application can not be processed without signature)" Notice: Application Can NOT be processed without signature! I have to sign it or it will not be processed = no loan = no school.

The middle section, a cutout of the fine print reads in part:

  • By the way the phrase "Promissory Note" is used 7 times within this area. Who are they trying to convince? IF this were true, then where is the APPLICATION for the GSL loan? Since, there HAS TO BE TWO documents as shown above.
".....shown above to the extent that it is advanced to me....." . Was it advanced to me? I've ask for "proof" from the Department and as yet have NOT received anything showing that I received anything. Last Sentence in middle fine print: "I am entitled to a copy of this Promissory Note. By signing this Promissory Note I acknowledge that I received an exact copy of it."
At the time I signed it, I did have an "exact copy of it" on 11/06/87.   
 3. Section B: That "exact copy" changed when the Section B: was filled out with: 
  • Wrong School name and wrong School address..  I was enrolled to attend "Muir Technical College, 245 N. Rancho Santa Fe Rd., Ste. 104, San Marcos, Ca. 92069" NOT Muir College, 4304 Twain Avenue, San Diego, Ca. 92120.  There were several other "John Muir" Schools in the area that were NOT affiliated either.

  • Without my knowledge or approval Sec. B: had financial information added that was NOT accurate/true about me or my financial situation at that time. I would NOT have signed this document, IF this had been on it. I would not have perjured myself in this fashion.

  • This Sec: B was filled out/signed/dated three days (11/09/87) after I completed and signed/dated Sec: A.
  • I did NOT approve this addition to this document!

  4. Section C: Completed by Lender - Educaid - Approved signed/dated 11/11/87.

Disbursements shows two FUTURE dates and two FUTURE amounts to be disbursed. Neither of which were done!

  • 11/18/87 - $1313.00

  • 12/18/87 - $1312.00  TOTAL $2625.00

  • UPDATE: 10/23/10 on the RED bar on right is a copy of a check that I received with about 40 other documents on 10/18/10...I've commented more on it below. ONE check not two as the Application/Promissory Note stated. Breach of CONTRACT by THEM!
  • Section D: To be completed by HEAF - (Bottom Left corner) Promissory Note Status - WHY would this be blank? IF this is the PROMISSORY NOTE, would it not be evident that it is either signed or not? Also note that this box is blank. NO Promissory Note status recorded. HINT: NO PROMISSORY NOTE signed!
  • Top Left corner "After lender completes application submit a copy of it to this address." APPLICATION used again.

  1. QUESTION: Where are the actual disbursement dates? Where is the repayment portion and terms? Where is the signature line at the BOTTOM, at the end of the complete agreement (promissory note)?

  2. Comment: What I do see is a "request" for a loan, with "proposed terms/conditions"

  3. Comment: Section B: and C: were NOT FILED OUT at the time I signed it. I do NOT see any initials or acknowledgment or approval by me of the bottom sections being changed from when I signed it.

  4. QUESTION: When did this form start being used?

  5. A Cutout comparison of the Font in the upper right hand corner shows that a different Font was used for that section alone.  A comparison of the Font from upper left corner to the right corner (GUARANTEED STUDENT LOAN (GLS) APPLICATION/PROMISSORY NOTE) clearly shows the difference in Pica measurements.  Why wasn't the same Font used for both top headings?

  6. Also NOTE: For future reference - the paper punch hole and the staple marks beneath it.  When I get to the Check portion, I will show the relationship.

  2b. Back of GSL Application ED*

 Back of GSL Application show the:

  • Stamp: "AFFIX TO BACK OF PROMISSORY NOTE" with date/initials (8/15/90) initials are not readable by me. This same stamp is "affixed" to the back of another document below as well, the UNSIGNED/PROMISSORY NOTE.
  • QUESTION: How many Promissory Notes does this debt have? On 8/15/90 it would appear that there were TWO or so it is claimed by this exact stamp being on both!
  • Stamp: Received NOV. 11 1987
  • Stamp: 6 Nov 23  10:35. I don't know as yet what this stamp references or whom put it on this document. But this doc was in the possession of Department at that time, so can only assume that they did something to it at that time.
  • UPDATE: This Stamp/date is also on the copy of a check that I just received a copy of 10/18/10, it shows clearly through FROM the BACK, BUT curious that there are NOT any endorsements or signatures that also show through from the back of the check!
  • Stamp: Jul 11 88 (upside down top) with a partial word above it.  This same stamp shows up on other documents below.  I don't know the significance except it was ONLY on the "Legal type documents". Including the "check" mentioned above.
  • Also NOTE: For future reference - the paper punch hole and the staple marks beneath it.  When I get to the check portion below, I will show the relationship and possible significance of this stamp.
  • Note the DEFINITIONS of terms
  • These are the definitions as defined by Ed.gov

    FROM: studentaid.ed.gov/students/publications/repaying_loans/2009-2010/glossary.htm

    Borrower
    An individual who signed and agreed to the terms in the promissory note and is responsible for repaying a loan. (I did NOT sign the Promissory Note, I signed an application for a loan, I didn't get the check, I didn't sign the Promissory Note furnished by Trans World Insurance Co.)
     
    Co-signer
    A person, other than the borrower, who signs the promissory note as a back up for repayment on the loan. A co-signer is pursued for collection on the loan if the borrower fails to fulfill his repayment obligations. (Since there are two additional signatures on the bottom of the "supposed Application/Promissory note that is claimed as "the promissory note" by Ed. Department, then I guess they are the "co-signers" Has Ed pursed them for collection as well?)

      Promissory Note
    A promissory note is a binding legal document you sign when you get a student loan. It contains the loan terms and conditions under which you're borrowing and the terms under which you agree to pay back the loan. It will include deferment and cancellation provisions available to the borrower. It's very important to read and save this document because you'll need to refer to it later when you begin repaying your loan or at other times when you need information about provisions of the loan, such as deferments or forbearances. (I did NOT get a student loan, I applied for one only!) (Where are the "terms"? Where does it say $xx.xx for how many months?)

  • How many times can they continue to LIE and get away with it?


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    Other things I have been trying to do since 1990's, but between Depart. of Ed, Sallie Mae and MADD, I did the work but didn't get the PAY!!! I think that I had the potential to make some money, improve my life, follow my passion for computers, but the mighty GOV. GODS were against me... So, here I sit... IF I would have made any money, they would have taken it, as they are doing now. It was FRAUD to start with, and has not changed, with exception of the conspiring to cover it up...I REFUSE to support this FRAUD in any way...I would rather die penniless than willingly allow them to get one more red cent from me... SO, enjoy, its all FREE.... I don't sell anything.

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