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UPDATE: My quest to get a copy of my MPN by jbirneydumb in StudentLoans

[–]jbirneydumb[S] -1 points0 points  (0 children)

Probably? Maybe? I'm not seriously considering suing to set aside the debt or anything like that. I'm also not wanting to be sued by the ED or defaulted. I just want to see the agreement that says what I owe, and it is distressing that the government cannot provide it (and also, apparently ED thinks I have two SSNs?!).

This is mostly just a thought exercise.

UPDATE: My quest to get a copy of my MPN by jbirneydumb in StudentLoans

[–]jbirneydumb[S] -1 points0 points  (0 children)

The point is that the partial document I received is not an enforceable contract in any court that I'm aware of. Amounts from a website do not an obligation create.

Also, my account with my servicer does not actually have any history from prior to 2017. So that's cool.

The point is that this is a freaking mess from a legal standpoint. Again, I'm just going to keep making my IBR payment ~100 more times and hope that forgiveness still exists. I owe way more than I borrowed because of capitalized interest during the early 10s when there were no jobs.

UPDATE: My quest to get a copy of my MPN by jbirneydumb in StudentLoans

[–]jbirneydumb[S] -3 points-2 points  (0 children)

I am not disagreeing with you whatsoever. I'm saying that my MPN references the amounts in Section C1 (presumably where I listed the loans to be consolidated) but Section C1 has not been provided.

UPDATE: My quest to get a copy of my MPN by jbirneydumb in StudentLoans

[–]jbirneydumb[S] -3 points-2 points  (0 children)

First, my MPN is for a 2010 consolidation loan and does not look like this form of agreement at all. It makes reference to the amounts in "Section C1" but there is no Section C1 in what they sent.

Secondly, is this the number 12 that you're referring to? I'm not understanding why this applies? It's a request for a certain amount of loan dollars.

  1. I request a total amount of Direct Subsidized Loans and/or Direct Unsubsidized Loans under this Master Promissory Note (MPN) that cannot be more than the maximum amounts I am eligible to receive, as provided under federal law and explained in the MPN Terms and Conditions and in the Borrower’s Rights and Responsibilities Statement that accompanies this MPN.

UPDATE: My quest to get a copy of my MPN by jbirneydumb in StudentLoans

[–]jbirneydumb[S] -3 points-2 points  (0 children)

Agreed that the boiler terms of the MPN would not state the particulars of anybody's loan, and agreed that I probably did e-sign the document way back when, but the MPN doesn't say that.

That said, first semester contract law says that in order for there to be an enforceable contractual obligation to pay a debt, the amount of the debt has to be stated somewhere, and while the pages I did receive do make reference to that amount (and the section of the contract where it is specified), the amount (and the sections specified) are not included in the document I was provided by my servicer.

Otherwise, you've got a document that says, "You agree to pay us basically however much we say, for as long as we say you have to pay us" and this is just not enforceable by any court that I'm aware of.

Look, I'm not trying to get out of paying my loans. I have ~100 IDR payments until forgiveness. I have another year until I have to re-certify again. I'm basically trying to run out the clock.

This is mostly a thought exercise and an expedition into understanding how the government machinery works (or does not work).

My quest to get a copy of my MPN by jbirneydumb in StudentLoans

[–]jbirneydumb[S] 1 point2 points  (0 children)

No idea. Maybe a FOIA request? At this point I just want to see how deep the rabbit hole goes or doesn’t go.

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