Student Loan Defense Not Much Different Than Foreclosure Defense

Dec 27, 2018

First let me say there ARE differences. But mostly you are dealing with the same or similar issues. Who actually made the loan? Who actually owns the debt? Do they have the paperwork or are they faking it? Can it be discharged in bankruptcy?

http://www.nlrg.com/legal-content/the-lawletter/contracts-investigating-and-defending-against-student-loan-claims

One lawyer wrote in to me saying that, like the mortgage cases, the opposition can’t produce the note. Despite protestations to the contrary, this is highly indicative that the loans were sold into the secondary market and then claimed as assets of a trust that most likely did not exist, had no beneficiaries, no trustee (with powers of a trustee), and had no trustor or settlor. The contributing lawyer stated that so far he has not lost a single case.

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