Wells Fargo possbile future settlement

[jewel1980]

hi,

I have a question, if it comes down to me having to settle with Wells Fargo for my two defaulted accounts, don't I have the right to request the original promissory note after receipt of payment on their part, b/c I know that after you pay student loans off you are supposed to get the original note, however, what I was thinking was if I settled the account and we agreed on an amount for the accounts and they are considered paid in full, I think I need to get the original note, b/c I know alot of people say that even after settlement banks try to collect the amount forgiven through CAs, so if I was able to get the original promissory note, and keep the original settlement agreement in the future if the account was sold or collection attempts were made I would not owe b/c I would have proof that the account was paid right?

[smitty12229]

Jewel,

I used to work for a (guaranteed) student loan company ( imagine that ). We always sent out a the promissory note stamped paid in full when the balance was paid. Not sure if WF will do the same thing.

How did your appt with the atty go?

[jewel1980]

check this out, I thought he was trying to blow me off at first, b/c I had called him yesterday to find out what paperwork I needed to bring with me and he never returned my call, but his secretary called me this afternoon and said all his appts. are canceled for the rest of the week because he is having problems with his appendix, and he was put in the hospital last night, just my luck, but I hope he is ok. So I am going to see if I can get an appt. with someone else, b/c there are only two university attorneys so I am going to go ahead with my appt. with my BK lawyer from last year week of september, b/c he is on vacation next week, and he is in court all this week, so I will just be patient and hopefully all will work out

I do have a question though, it seems to me that I would think you would know more about student loans having worked for a student loan company, but I guess guarnteed means that you only worked with federal loans, right, well did you talk to anyone there to see what they had to say, oh well have you had anymore calls from wells fargo, I still just do not understand, how they can be so me and demand more money and threaten legal action when you have been paying $300 a month, I mean I have not made a payment in like a year and half, of course mine is now listed with AMAN CA, but anyway,

have you found an attorney yet?

I checked out h the links provided by ican'tstandcra's and the nearest registered attorney from that site is like 3hrs away, so I was going to see what the BK lawyer said and go from there, and ask him about what was posted on this board, I am thinking about getting a free consultation with another local BK attorney for a second opinion, b/c if this debt is supposed to be discharged I am not paying a dime, I mean I think it is from what I have read and heard, but I have no factual documentation to send to WFB and back up my claim, so I will be patient and see what happens, but if the regular SOL applies to these kind of loans, and the SOL started when the account FIRST went deliquent then come feb. the SOL of three years for written contracts in NC will come to pass, and they cant touch me, so lets hope this is the case

good luck, let me know when you go see an attorney

jewel

[smitty12229]

Unfortunately we only worked with federally guaranteed loans and I couldn't find anyone there that knew anything about private loans.

I've posted a couple of question on a law site. Here is the link...

http://www.prairielaw.com/messageboards/message.asp?channelId=25&subId=&mId=374971&mbId=7

Someone else in the same situation....
http://www.prairielaw.com/messageboards/message.asp?channelId=25&subId=&mId=373842&mbId=7

I haven't heard from Wells Fargo. I'm going to send them a letter this week saying this was discharged in BK. Hard to say what they will try from there.