Spouse's name was dropped from Spousal Consolidated Student Loan

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Smudge

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In 1995 my husband (at the time) and I completed a "spousal consolidation" student loan. Big Mistake! President Clinton has since made these types of loans illegal. One of these loans were unsubsidized causing the entire new loan to be unsubsidized. This new loan was at an 8% interest rate. I spent much of the next 11 years either working only part time or as an at-home-mom.
My husband chose repeatedly to forbear the payments. Over many years with such a high interest rate, we became increasingly concerned that we would never get this loan paid off. It was now over $90,000 from the original $64,000. ($15,000 was mine, $49,000 was his). We discovered that if we consolidated this large loan with a smaller one of a lower interest rate we could have the interest rate dropped for the new consolidation. I had a smaller loan in my name that we chose to consolidate and lower our interest rate. When the transaction was complete we received the new loan and I was the only one listed. I contacted Nelnet (the loan holder) and they explained that because the smaller loan was in my name my husbands name was removed!!! I was completely dumbfounded at how this could happen. They claimed that because I was the Borrower and he was the co-borrower that removed his name! First of all, how did I become the Borrower and him the co-borrower? He had a greater percentage of the original loan amount and I wasn't even working at the time. Why would they drop him from responsibility!?
My husband and I began a long and ugly divorce shortly after this. I was to distracted to deal with the student loan at the time. Finally, after realizing that even the family law judge couldn't help me by giving him his part of the loan to repay, I began investigating a little more. I eventually recovered two of the same documents that had been filled out when the loan was transfered into my name a lone. The first one had my husband listed as the Borrower and me as the co-Borrower. This document had a line through it. The same document dated almost a week later had me listed as the Borrower and him as the co-borrower. This is apparently the critical action that removes him of responsibility of this loan. How can I repair this as the loan is now almost $160,000. I don't have consistent work and didn't even receive a degree from this original $18,000 in student loans. My ex husband has a good job and a master degree, partly paid for by the loan that is now in my name. Please help me as the desperation I feel is incredible. I have talked to a lot of people but no one has ever heard of this kind of this and has no suggestions for me.
 
All I see is you stuck with a debt you appear to have willingly assumed. Be advised, a divorce can't absolve either of you of any financial obligations.

Bankruptcy offers an outside chance at relief, but tats hit or miss. Owing on a student loan is like herpes, it never goes away.

I suggest you consult a couple of bankruptcy lawyers in your county. See if they have any solutions or options. Otherwise, you don't have much to worry about, as you have limited income and few assets.

Good luck.


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It appears you both made the repetitive choice to ignore making loan payments. This is what happens when you do that.
 
You are missing the point. I believe my ex husband intentionally switched my name with his. He would still be on the loan if the names wouldn't have been switched. Nelnet made no attempt to clarify this action was this their mistake or was it a deviousness action by my husband who knew full well he would soon be leaving me for another woman. I think it maybe a forgery issue.
 
The differance between me being solely responsible and my ex husband being resposible as well was the position of the names on one piece of paper. Someone chose to flip the names. I believe Nelnet wa negligent and my ex husband was smart enough to use them. Why didnt they verify who should be listed first. It only makes sense he be listed first. He had a greater percentage of the original loans and he was working. I was not. You don't give a loan to someone who isn't working. If you had a home mortgage you wouldn't be able to remove one I the spouses unless the other one would qualify for the loan by themselves. I am only asking that he be put back on as responsible party. I will never be able to pay it off myself. Why would they want to drop him when he is the one with the higher education and a real income?
 
Are you two actually the same person logging in with 2 different accounts?
 
We have Smudge (original OP), ashley1042 & Loyalmommy. ???
 
Smudge, loyal mommy, and ashley1042: I suggest you take this up with the lender, the courts, and/or the police.

We have no authority to do anything.

You're making your argument to the wrong people.




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