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
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
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.
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"
Signed/Dated GSL Application, claimed by Depart. of Ed to also be the above document.
ALSO has stamp "Affix to Back of Promissory Note"
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
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)
- 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....."
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."
- 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
- 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)
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?
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
- EDUCAID sent in "status change reports" to correct the dates in March and
- 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!
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"?
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
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
approval of an application by both TWIC and the
respective Guarantor and receipt of evidence from such Guarantor that
the applicable loan
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
and executed promissory
Servicer, which serves as custodian for
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
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!!!!!
look at 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:
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.
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?
#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.
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
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
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.
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
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?
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
MAIN/SOLE "PROOF" of a
signed Promissory Note and my owing them for this debt.
In 1987 there were two documents
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
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.
from it here
and the complete, lengthy filing here.
text is highlighted for ease of finding.
- **** "The
of Federal Loans is
contingent upon compliance with a variety of
due diligence regulations, as further described herein." ******
Generally, those procedures
processed........ the promissory
evidencing the loan be executed by the borrower and then that the loan
proceeds be disbursed in a specified manner by the lender.**** .."
Higher Education Act
specifies regulations regarding loan origination practices, which
in order for their loans to be guaranteed and to be eligible to receive
and receipt of evidence from such Guarantor that
the applicable loan
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
serves as custodian for
such materials. ******* "
Further down this list it will
be shown that Educaid DID abide by these rules/regulations/procedures
they issued a GSL PROMISSORY NOTE as well as the GSL Application.
"Department" have the supreme
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!
".....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
to a copy of this Promissory Note. By signing this Promissory Note I
acknowledge that I received an exact copy of it."
- 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.
At the time I
signed it, I did have an "exact copy
it" on 11/06/87.
3. Section B:
"exact copy" changed when the Section B: was
filled out with:
Wrong School name and wrong School
enrolled to attend "Muir
Ste. 104, San Marcos, Ca. 92069" NOT Muir College, 4304 Twain
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:
information added that was NOT accurate/true about
would NOT have signed
this document, IF this had been on it. I would not have perjured myself
in this fashion.
B was filled out/signed/dated three days (11/09/87) after I
completed and signed/dated Sec: A.
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
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)?
Comment: What I do see is a "request" for
a loan, with
Comment: Section B: and C: were NOT FILED
OUT at the
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.
form start being used?
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
NOTE: For future reference - the paper punch hole and the staple marks
beneath it. When I get to the Check portion, I will show
of GSL Application
Back of GSL Application show the:
Stamp: "AFFIX TO BACK OF PROMISSORY NOTE"
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
QUESTION: How many Promissory Notes does this
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.
Stamp/date is also on the copy of a check that I just received a copy
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
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.
For future reference - the paper punch hole and the staple marks
beneath it. When I get to the check portion below, I will show
relationship and possible significance of this stamp.
Note the DEFINITIONS of terms
are the definitions as defined by Ed.gov
How many times can they continue to LIE and
get away with it?
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
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
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?)
A promissory note is
legal document you sign when you get a student loan.
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
$xx.xx for how many months?)