What happens when a loan company cannot provide the promissory notes that you supposedly signed?

UPDATED: Nov 25, 2011

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What happens when a loan company cannot provide the promissory notes that you supposedly signed?

Sallie Mae says that they gave me 3 loans that I never signed for or received. I asked them for the master promissory notes for these loans approximately 2 months ago and they never arrived. What is my next legal step?

Asked on November 25, 2011 under Bankruptcy Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Sallie Mae has the burden of proving that you signed the three loans that it says you signed which you claim you did not. I would write this entity a letter seeking copies of these promissory notes to resolve the dispute keeping a copy of the letter for future reference.

Assming these promissory notes were secured by a mortgage or a trust deed, I would also seek a copy of the trust deeds in the letter that I suggest you write.

You need to remember that Sallie Mae has the burden of proving its claims as to you. If you do not receive an adequate response to your letter, I would consult with a real estate attorney about your situation to try and get it resolved.

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