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  1. #1
    Join Date
    Aug 2012
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    2

    Default Ex-Husband Forged Our Daughter's Name on College Loans

    My question involves criminal law for the state of: Virginia

    Disaster! Just learned my ex-husband applied for college loans to send our daughter to college - but he didn't apply for Parent Loans, he applied for private loans from a private lender - in her name, not his. While the money from these loans did go to the college, she knew nothing of their existence until she started receiving late notices. It appears there are several loans dating from 2005 or 2006, and the last one was in 2007. some appear to have been taken out before our divorce, and some after. Is this fraud, or forgery, or both? Does it matter that the money was paid directly to the school?

    My guess is he planned to pay them off himself, but his business failed and he's making far less money than he once did.

    What do we do? My daughter is beside herself. Is she on the hook for all this? Do we confront him? (Scary at best) Should she report this to her former school, or the bank who made the loans? If she reports this will he be prosecuted? He is still paying child support for our three younger children.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex-Husband Forged Our Daughter's Name on College Loans

    Quote Quoting KathrynKay
    View Post
    My question involves criminal law for the state of: Virginia

    Disaster! Just learned my ex-husband applied for college loans to send our daughter to college - but he didn't apply for Parent Loans, he applied for private loans from a private lender - in her name, not his. While the money from these loans did go to the college, she knew nothing of their existence until she started receiving late notices. It appears there are several loans dating from 2005 or 2006, and the last one was in 2007. some appear to have been taken out before our divorce, and some after. Is this fraud, or forgery, or both? Does it matter that the money was paid directly to the school?

    My guess is he planned to pay them off himself, but his business failed and he's making far less money than he once did.

    What do we do? My daughter is beside herself. Is she on the hook for all this? Do we confront him? (Scary at best) Should she report this to her former school, or the bank who made the loans? If she reports this will he be prosecuted? He is still paying child support for our three younger children.
    Are you sure that your daughter didn't sign the loan documents? Are you sure her dad didn't bring her paperwork to sign without her understanding what it was? It was a rotten thing for him to do to her, but after all, it did pay for her education, therefore its not really unfair that she would have to pay the loans back.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Husband Forged Our Daughter's Name on College Loans

    During your marriage you never discussed college tuition or its payment with your ex? Was any part of the college tuition paid for with the loans an expense your ex- was required to bear under the child support order? Your daughter just found out about these loans... yesterday? How did she find out about the loans? Who has been receiving bills for payment? Nobody has ever made any payments on the loans? When you asked your ex- about the loans, what did he say?

  4. #4
    Join Date
    Aug 2012
    Posts
    2

    Default Re: Ex-Husband Forged Our Daughter's Name on College Loans

    My daughter signed nothing. The statements went to his office.

    - - - Updated - - -

    Yes, he planned (or said so, anyway) to pay for her college costs. We did pay for some of them directly while still married. The child support order covers only our younger children, now ages 9 to 14. Our older daughter had already started college, in her second year, at the time of the divorce. There is nothing in our divorce decree requiring him to pay for any of the children's college expenses.

    However, he let us think that he was paying her costs, while apparently financing her college with these loans. She found out about all of this a short time ago when a collection agency tracked her down through the school. As far as I know no payments have been made to either the original bank or the collection agency.

    I have not approached my ex-husband about them, and he is estranged from the children. He has become quite unstable; serious mental health problems as well as addictions which started when his business failed.

    If faced with prosecution I cannot imagine what he would do.

    Our divorce was a horror show. I dread another protracted courtroom battle, as do my older children. We can't afford attorneys to dig into this mess.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex-Husband Forged Our Daughter's Name on College Loans

    Quote Quoting KathrynKay
    View Post
    My daughter signed nothing. The statements went to his office.

    - - - Updated - - -

    Yes, he planned (or said so, anyway) to pay for her college costs. We did pay for some of them directly while still married. The child support order covers only our younger children, now ages 9 to 14. Our older daughter had already started college, in her second year, at the time of the divorce. There is nothing in our divorce decree requiring him to pay for any of the children's college expenses.

    However, he let us think that he was paying her costs, while apparently financing her college with these loans. She found out about all of this a short time ago when a collection agency tracked her down through the school. As far as I know no payments have been made to either the original bank or the collection agency.

    I have not approached my ex-husband about them, and he is estranged from the children. He has become quite unstable; serious mental health problems as well as addictions which started when his business failed.

    If faced with prosecution I cannot imagine what he would do.

    Our divorce was a horror show. I dread another protracted courtroom battle, as do my older children. We can't afford attorneys to dig into this mess.
    Realistically, if you ex is such a mess its not going to be a simple civil matter to make him responsible for the debt. Only a criminal prosecution is going to possibly get your daughter off the hook for those loans...and since she is a legal adult it her decision to make as to how to proceed at this point. I truly am sorry for the mess that exists for your daughter, but she needs to be consulting an attorney and deciding how to proceed.

  6. #6
    Join Date
    May 2012
    Location
    massachusetts
    Posts
    25

    Default Re: Ex-Husband Forged Our Daughter's Name on College Loans

    if he made materially false statements on a loan application to a fdic insured institution, then that is a federal offense. 18 usc 1014

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