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  1. #1
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    Default My Father Took Out Student Loans in My Name Without My Signature or Approval

    My question involves collection proceedings in the State of: Texas

    It has come to my knowledge that I have student loans that I never applied for. I am a Sr. and I have both Federal and Private (private my dad is co-signer on), but I didn't sign for any of them.

    There are 19K in loans with 26K in refunds from the school going into an account of my Dad's, an account I am not on. (I also had funds from the Hazelwood act & an athletic scholarship before the loans applied to my balance at the school).

    My dad has a "spreadsheet" I've just recently became aware of where he lists the expenses he's paid on my behalf and it seems he's reimbursing himself back for said expenses. Expenses like "Gas", "haircut", "meal when cafeteria was closed", and sometimes rent, but he did not pay for my rent the entire 2 years that these loans accumulated in.

    If I personally chose to have loans, I could have chosen where I would have lived and how I spent the refunds of the loans. I would not have had to sought permission from him or go to him every time I needed money, this was my money and he spoke like it was his. The way he worded things was "We are not going to be paying for your housing this semester", etc. (He is no longer married to my Mom for clarification)

    My question is, if he did in fact use these funds for my expenses, but I didn't sign or have knowledge of these loans, is it still considered fraud and is there a case I can make here? I became aware of these loans when I went to go apply for them on my own, I was seeking a loan for my last year of school when they told me they weren't going to be paying for my housing this semester.

    He's been confronted and thinks he's done nothing wrong.

    Thank you for any advice.

  2. #2
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    Default Re: My Father Took Out Student Loans in My Name Without My Signature or Approval

    Are you prepared to file a police report about your dad's improper use of your identity?

  3. #3
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    Default Re: My Father Took Out Student Loans in My Name Without My Signature or Approval

    Quote Quoting tamitxco
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    It has come to my knowledge that I have student loans that I never applied for. I am a Sr. and I have both Federal and Private (private my dad is co-signer on), but I didn't sign for any of them.
    Hold on a second. If you "didn't sign for any of them" and your father "is [only] a co-signer," who is the borrower? Did he forge your signature?


    Quote Quoting tamitxco
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    My dad has a "spreadsheet" I've just recently became aware of where he lists the expenses he's paid on my behalf and it seems he's reimbursing himself back for said expenses. Expenses like "Gas", "haircut", "meal when cafeteria was closed", and sometimes rent, but he did not pay for my rent the entire 2 years that these loans accumulated in.
    Did you know that he was paying these things on your behalf (other than the rent that you apparently dispute)? I have to assume you knew if he paid for a haircut or gas or meals. Did you know that he was expecting reimbursement? Were you living with him at any point during the relevant time period? Did he use any of the money for actual education-related expenses?


    Quote Quoting tamitxco
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    My question is, if he did in fact use these funds for my expenses, but I didn't sign or have knowledge of these loans, is it still considered fraud and is there a case I can make here?
    I think you're looking at this the wrong way. For starters, are you willing to swear a complaint with the police or sheriff about this? Are you wiling to report all this to the lenders and the Department of Education?

    Right now, your biggest concern is to avoid liability for repayment of the loans, right?


    Quote Quoting tamitxco
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    I was seeking a loan for my last year of school when they told me they weren't going to be paying for my housing this semester.
    Who are "they"?

  4. #4
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    Default Re: My Father Took Out Student Loans in My Name Without My Signature or Approval

    Quote Quoting tamitxco
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    He's been confronted and thinks he's done nothing wrong.
    The only way you avoid liability for the loans (other than bankruptcy) is get your father prosecuted for his crime.

    Report it to the appropriate authorities.

  5. #5
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    Default Re: My Father Took Out Student Loans in My Name Without My Signature or Approval

    Quote Quoting adjusterjack
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    The only way you avoid liability for the loans (other than bankruptcy) is get your father prosecuted for his crime.
    I thought student loans couldn't be discharged in bankruptcy?

  6. #6
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    Default Re: My Father Took Out Student Loans in My Name Without My Signature or Approval

    Quote Quoting bcr229
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    I thought student loans couldn't be discharged in bankruptcy?
    They can, but rarely. However, the loans were secured through alleged fraud, that is all that needs to be proven, then no liability on the OP's part.

  7. #7
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    Default Re: My Father Took Out Student Loans in My Name Without My Signature or Approval

    Quote Quoting RJR
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    They can, but rarely. However, the loans were secured through alleged fraud, that is all that needs to be proven, then no liability on the OP's part.
    That involves throwing Dad to the authorities though.

    OP should also pull a credit report to ensure there are no other surprise loans or lines of credit taken out in his name.

  8. #8
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    Default Re: My Father Took Out Student Loans in My Name Without My Signature or Approval

    Quote Quoting bcr229
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    That involves throwing Dad to the authorities though.
    Either that or the OP is stuck paying them off, as the time to challenge the validity is now.

    OP should also pull a credit report to ensure there are no other surprise loans or lines of credit taken out in his name.
    Very good advice.

  9. #9
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    Default Re: My Father Took Out Student Loans in My Name Without My Signature or Approval

    Quote Quoting pg1067
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    Hold on a second. If you "didn't sign for any of them" and your father "is [only] a co-signer," who is the borrower? Did he forge your signature?


    I am the borrow it appears, the sole borrower on the Federal Loans and the primary borrower on the Private loans. Yes, he forged my signatures. I am not sure if they were wet signatures or electronic and this is something I am contacting the service provides today about.

    Did you know that he was paying these things on your behalf (other than the rent that you apparently dispute)? I have to assume you knew if he paid for a haircut or gas or meals. Did you know that he was expecting reimbursement? Were you living with him at any point during the relevant time period? Did he use any of the money for actual education-related expenses?

    No, he always said "We (his new wife) are paying for your college and we are not paying for your apartment this semester"...always worded in this manner.



    I think you're looking at this the wrong way. For starters, are you willing to swear a complaint with the police or sheriff about this? Are you wiling to report all this to the lenders and the Department of Education?

    Right now, your biggest concern is to avoid liability for repayment of the loans, right?

    Yes, I will be filing a police report since he doesn't intend to make this right with me any other way. If he would make it right where I could avoid liability, I wouldn't do this.




    Who are "they"?
    "They" are him and my step-mom. The agreement was that my mom was going to take care of my sister's college and he was taking care of mine. My mom wanted to use her income on the FASPA information but he said no. If she had, she thinks I would have gotten more free aid.

    Quote Quoting Zigner
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    Are you prepared to file a police report about your dad's improper use of your identity?

    Yes I am, that is the next step after learning he intends not to make this right.

    [QUOTE=tamitxco;1149967]My question involves collection proceedings in the State of: Texas

    There are 19K in loans with 26K in refunds from the school going into an account of my Dad's, an account I am not on. (I also had funds from the Hazelwood act & an athletic scholarship before the loans applied to my balance at the school).


    OP here, I would like to add and point out that since the refunds from the school to my Dad's checking account totaled 26K and the loans were only 19K, doesn't this show that some of the refunds were from my scholarship or the Hazelwood act that where applied to my school's balance? I'm thinking this could be an issue as well. ???

    OP here:

    I wanted to also ask about the 26K in refunds from the school to my Dads' checking account, when the loans only totalled 19K. The excess of 7K in refunds seems to be coming from Hazelwood Act and/or the scholarship. Both of these are applied to my balance before any loans are applied. Would this be an important issue in this overall scenario?

    I apologize, I'm not too familiar how to post here an the above comment is showing 2 times.

  10. #10
    Join Date
    Apr 2018
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    Default Re: My Father Took Out Student Loans in My Name Without My Signature or Approval

    Whichever parent you lived with last or the parent who supported you the most in the last 12 months at the time of filing is the parent whose income goes on the FAFSA, no matter what agreement your parents make between the two of them.

    You're going to have to report Dad to the authorities if you want to get out of paying these loans. I suspect your school won't pay your housing out of your aid because that would put you over the federal loan limit (based on your status - 2nd year student, 4th year student, etc). If it puts you over the limit, can you continue in school without any loans?

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