My question involves collection proceedings in the State of: TN
My husband's name was forged as a cosigner on a student loan several years ago, and we just found out about the forgery a couple months ago. We filled out all Fraud Affidavit forms, filed a police report (the police said they cannot do anything as the statute of limitations has passed), and sent in signatures from within the year, as SM requested. A few weeks later, SM called my husband saying the signature "looked like his", and that the primary borrower claims he signed the application. We decided to send the documents (his cancelled checks plus the loan application with the forged signature) to a professional forensic handwriting analyst. She sent us her professional opinion that his name had been forged, and that she would testify in court to this fact. We sent those documents to SM and when my husband called inquiring about the status of the loan now that we have shown proof of forgery, they said they would "get back to us." It has been a week and nothing yet.
1) Now that forgery has been proven, SM has no choice but to release him from this loan, correct? They tried to argue with him (before we had the signatures analyzed) that it was a "he said, she said" case and that she (the perpetrator) said my husband had signed. Now we have shown proof, admissible in a court of law, that she lied and indeed has committed forgery.
2) Is it possible that SM will force us to take this issue to civil court to have a judge decide the matter for us to be able to be released? It seems like overkill, seeing as he is just listed as a cosigner, and since taking this to court would just cost everyone money.
Thank you for your help!