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  1. #1
    Join Date
    Apr 2012

    Default Forgery of Cosigner's Signature on a Student Loan

    My question involves collection proceedings in the State of: Kansas

    In 2000 I co-signed on a 5K loan for my brother. He must have paid this because I don't hear anything from

    Sallie Mae on this. Over the years I have ignored collectors on another loan that I have no idea what it is.

    They said I am the primary but I never took out a loan. They usually go away after I ignore them and then

    another group picks up the loan and start sending me stuff. Recently I decided to contact Sallie Mae about

    this. After 2 hours on the phone and looking through many Databases they finally found something. A name

    which happens to be my sister in law. She filed Chapter 7 back in 2001 and according to the SM rep that the loan I co-signed on and that's when it the

    loan automatically went to my name. I told them I didn't co-sign a loan for my sister in law. The SM rep

    said I would need to file a police report saying my sis-in-law committed forgery, but this was well over 2

    years ago "2000" (KS statue of limitation) I'm in the process of trying to get the original master promissory note,

    and I'm not very hopeful as it took them 2 hours just to find a name in a database let alone a paper copy.

    I'm going to talk to my sis in law about this and see what we can do about the forgery. My first question is

    can she still be prosecuted for forgery after 2 yrs if I go ahead and file the police report? My second question is if SM can't produce the

    original note do I still have to pay?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Forgery of Cosigner's Signature on a Student Loan

    You appear to be looking at the civil statute of limitations for a fraud action, not the criminal statute. Although the criminal statute may also have run, it's longer and has a discovery provision. Your failure to act diligently despite long-standing notice of the collections action may prevent prosecution, or a prosecutor may be deterred from attempting to argue that the discovery provision applies due to the passage of time, but in the event that you make a police report that's ultimately the prosecutor's call to make.

    If the note cannot be located, it's difficult to see how the lender would establish that you were in fact a cosigner.

  3. #3
    Join Date
    Apr 2012

    Default Re: Forgery of Cosigner's Signature on a Student Loan

    Mr. Knowitall,
    Thank you for your response. My intent is not to have my sister in law thrown in jail so I'm really hoping if I file a police report it is past the statues in Kansas. Thank you for guiding me to look up the Criminal statute.

  4. #4
    Join Date
    Aug 2012

    Default Re: Forgery of Cosigner's Signature on a Student Loan

    It would be a good idea to get a free credit report so you can be sure that this is the only loan they took out under your name. You can also freeze your credit or put a fraud alert through the major credit bureaus to prevent them from opening more fraudulent loans or accounts. Google annual credit report to get started (I'd link you but I don't know if that's allowed here). Sorry you have to deal with this. Good luck and take care.

  5. #5
    Join Date
    Apr 2012

    Default Re: Forgery of Cosigner's Signature on a Student Loan

    Thank You NOT Elvis for your suggestion. This is actually one of the reasons why I couldn't understand the situation. I kept getting collectors call and sending stuff, but I am faithful about doing pulling my credit report every year. Nothing has ever showed up. This situation was back in 2000. I talked to my sister in law yesterday and she said she never attended the school in question and she would never have forged my signature. We sat down with my brother and he said the only loan they have had is the one that I co-signed for him. When I talked to Sallie Mae they said the loan was for the school that my brother went to. I think they have jacked everything up and don't have a clue. I guess as soon as I get the actual paperwork if they can even find it this mystery may be solved. Thanks for your help.

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