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1. The original lender has standing to collect on these loans. Through a series of assignments, the loans have come full circle back to the original lender. By the terms of the loan agreements, these loans were to be payable over a term of years, starting at some point in the future, after your date of graduation, therefore, the Statute of Limitations does not come into play.
2. The loans cannot be classified as unsecured consumer loans because they are strictly student loans and whereas an unsecured consumer loan can be discharged in bankruptcy, student loans cannot be discharged through bankruptcy.
3. You cannot request validation of the loans, but you can request a current outstanding balance or payoff balance.
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ANDREA, JD, LLM
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