Get Out of Debt Guy - Steve Rhode

I Am Willing to Sue My Mother Over My Private Student Loan. – Elaine

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“Dear Steve,

I attended college directly after graduating from high school in 2005. Having a full scholarship, I did not have to take out any loans for my undergraduate degree.

However, my mother took out a private student loan in the amount of $27,000 with me unknowingly as the cosigner.

I learned of this loan this past year due to collection calls as the loan is now due after gaining my master’s degree.

I requested a copy of the loan papers to confirm that my actual signature is on the loan. The payments are close to $500 a month and I simply cannot afford that at this time.

I have paid a $50 fee for 3 months of forbearance, but the loan is now due again. My mother is currently unemployed and has tried to ruin my credit in the past, but I have always been able to pay off the balance of a small checking account, etc.

However, this loan is too large for me to pay. I don’t remember signing the loan and she claims that she didn’t know I was a cosigner.

What can I do to get out of this loan? I am willing to sue my mother, but I want to make sure it is worth while before pursuing this action. My husband and I have our own student loans to deal with and are trying to move forward without this haunting us.

Elaine”

Dear Elaine,

Wow, that’s an odd but interesting situation.

If your mother committed identity theft and obligated you for a loan agreement without your permission you could call your local police department and file a complaint against her.

Then you would take the case number and call the student loan lender and advise them you are the victim of identity theft and have filed a police report about it. Give them the police report number and police contact information.

I just want to be clear, while your mother may have forged your signature on the private student loan, you in fact did not receive any benefit from that money and it was not used on your behalf. Correct?

Before you do anything I want to be sure the loan was totally fraudulent and you did not benefit from it at all.

If so, call the student loan lender and advise them you are considering filing a police report for identity theft on the loan. Ask them if that will then eliminate your liability for the loan or what their process is if you file a police report and be willing to move ahead with criminal charges.

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