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Found out parent took student loan on my name Student Loans

Discussion in 'Student Loans' started by snoopy123, Jan 23, 2015.

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  1. snoopy123

    snoopy123 Law Topic Starter New Member

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    Father recently passed away. Now, we just found out that he took 4 private education loans under my name over several years. He is listed as the co-signer. Now,

    - what are my option to get out of these loans.
    - I've read that I can call the creditors and explain I didn't sign those contracts, or Maybe file fraud against my dad for the loans? What are the repercussions?
    - Would they come after me?
    - If/when the creditors come after me, What are my chances of probing that I did not sign the loans?
    - Would the go after my dad estate?
    He and my mom have a house? I'm guessing they'll come after this
    Also he was recently retired, so he started to receive his pension which now my mom is going to get. Can they come after the pension?
     
  2. mightymoose

    mightymoose Well-Known Member

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    He was a co signer... who was the other? The responsibility should fall on that person.
    If you are claiming that dad forged your signature you will have quite a mess on your hands, especially if you ever received a dime of that money.
     
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  3. army judge

    army judge Super Moderator

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    Please accept my condolences upon the recent passing of your father.


    Most people PAY the loans.

    Educational loans and the collectors who hound others to pay the loans, are impossible to escape.
    Their are a couple limited exceptions, too obscure to even waste my time typing and your time reading.
    If you do meet one of those odd criteria, it'll be known to you soon enough.



    You can call anyone you can contact, but they won't even listen to you, and if they do, they won't believe you.
    They get paid when they get money.
    You're an easy mark, why bother listening to your stories?
    They thirst and hunger for money, lots of easy money!

    Bottom line, you can't just assert not signing the contract.
    You have to prove you didn't sign it, and also you never received the funds.
    There are also the school application and enrollment documents; as well as an audit trail of the funds disbursement.




    Yes, because they believe you are the one who applied for and received the loan.
    If you think you can concoct a tall tale to escape their greedy paws, don't do it. Stop, stop before the feds bring down their powerful criminal justice system alla round you.
    Yes, it will not only rock your world, it'll destroy it.
    The paper and electronic trail for those educational loans can't be obliterated.
    Lying to the feds landed Martha Stewart in a federal prison.
    I've represented many clients who have tried a few tricks, they are wearing felony convictions, and because of the money they scammed, most ended up doing prison time!



    You need not prove you didn't sign.
    The government must prove you did sign.
    You'd be amazed at how adept and adroit they are at catching little liars like me and you!



    Yes, the government can go after his estate to pay off the debt.


    They will be all over everything like ants in a sugar bowl.


    That depends on the type of pension and the terms of the pension payout.
    Mom might want to discuss that with her pension provider.
    Many pensions are protected, but not from these kinds of debts.
     
  4. snoopy123

    snoopy123 Law Topic Starter New Member

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    Thanks for the quick reply.

    I wish I can just pay the loans and be done with this. However, the total amount is substantial and I have loans myself (which I did request) that I need to pay.

    Again these were private loans. So I'm not following how the feds enter in the mix here.

    Could I use the form of the loans I DID sign to compare against the ones I did NOT sign as prove of the discrepancies. Also, that money was never in my bank account.

    Thanks,
     
  5. army judge

    army judge Super Moderator

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    Those are the things that will help you in proving the loans aren't yours.

    What will be the most definitive items in proving the loans weren't obtained by you or used by you are your signature, your addresses used on the applications, how the money was disbursed, where you did go to school, your profession versus what the loans were to be used for as far as a profession or educational objective, maybe the school has a picture taken of the student who received the loans for school ID cards, the schools often make copies of picture ID where the school released the check to the student, if dad lived in Denver and the school was in Chicago, or you lived in Boston and the loans were for schools in Miami,etc...

    The feds are involved (or the state) because they often stand behind these kinds of loans.
    If they weren't federally insured loans, the educational rules wouldn't apply.

    If the loans were for a private auto mechanic course, and you are a licensed nurse, that will also show you didn't obtain the loans.
    If the loans were used at a culinary arts school, and you're a chef, that won't help you.
    It won't mean you're guilty of anything. It will often mean the lender or collector is less inclined to believe you.

    You might also discuss this with mother.
    Maybe dad was scammed and had no involvement or knowledge of these loans.
    Maybe the fraudster is a nearby relative or an in-law?
     
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  6. snoopy123

    snoopy123 Law Topic Starter New Member

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    Thanks,
    Sounds like I'm going to need a lawyer to represent me. What type/speciality lawyer will I need for this process?

    And my mother didn't know about this either. So I'm having her talk to the pension people.
     
  7. army judge

    army judge Super Moderator

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    Most any lawyer that practices civil law will do, some general lawyers know this area.
    If the lawyer can't do it, or doesn't know enough about it, he or she will say so.
    If that happens, they usually will recommend a couple lawyers that do know about this type of law.
    The more I think about what you've written, and the fact that mom doesn't know squat about the loan, I'm thinking dad may have gotten scammed and you did, too.

    If dad was going to school, everyone in your family would have known.
    He'd have talked about it, and been excited about it.
    He recently retired you said, so I don't think he was going back to school only to retire.
    Besides, many senior citizens can go to college or many schools tuition free or drastically reduced tuition.
    Heck, I still take classes and continuing education legal credits because I enjoy learning.

    I wish you luck, let us know how this turns out and if the scammer is identified. I hope you find out and prosecute the crooked bum.
    It sure is mean to you, your mom, and the rest of your family; especially after losing dad.
     
  8. disagreeable

    disagreeable Well-Known Member

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    I get so tired of these people trying to get out of student loans. I paid mine of, then married my wife and inherited $25k of hers to pay in addition to an IRS lien. Now I am putting my kids through school and have already concluded I may be buying my daughter out of the loans she had to take for failing to meet my rules for her college classes. At least I rec'd good new today. My sons GPA is 3.151 so he will qualify for thousands in tuition reduction and grants.
     
  9. Disabled Vet

    Disabled Vet Active Member

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    I am putting both my son and daughter thru college. the kicker is this.... I started saving for their college when they were born. my son will be entering med school next year. His college loan debt to date 0 why?? because i started saving at birth. So... Disagreeable, shame on you for not saving. Since you had gone down the loan road yourself. You should have "HELPED" your kids better. I get so tired of these parents trying to get out of not helping pay for their kids college. they have no understanding of the five P's in life. Prior Planning Prevents Piss-poor Performance. My daughter will enter college this coming fall... her student loan will also be 0 . It's up to the PARENTS to teach their children right... Not the children to teach the parents.... So when your children start to worry about how to pay for college... you pull out the saving plan and say..... What have i been telling you all these years... SAVE, SAVE, SAVE... What a great life lesson you will teach them. I think this poster should take this loan info to the place that issued these loans. Explain that her father passed... Her and her mother found these loans papers in his things. Then just tell them... sorry about your luck but i didn't sign for them. Bring your previous loan paperwork or something with your signture a few years ago as well. Now..... I would think the MOTHER would be on the hook for the debt... since they were married....
     
  10. Disabled Vet

    Disabled Vet Active Member

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    I think.... a professional hand writing study on the signture could be cheaper then a lawyer as well.... but.... If they continue to press the issue of repayment by you... Then lawyer is the route to take...
     

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