Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-13-2005, 01:07 PM
Junior Member
 
Join Date: Jul 2005
Posts: 2
Question

Fraudulent student loans


What is the name of your state? Illinois

Please read and help. This is a student loan fraud case.

I am going through a divorce (husband cheated and said he didn't want me anymore), and I found out about a year ago when we separated that he was co-signing me to obtain student loans (he was in a BA program then went on to get his master's). He forged my signature on these applications and he forged my signature on the checks disbursed to me. I never received any notices about these loans until I moved and changed my mailing address. So I didn't know that I was a cosigner. The soon-to-be ex never once asked me to be a cosigner. I knew he was taking on loans to pay for his education, but I didn't know he was cosigning me and using me financial information.

There are two sets of loans--one was for a little over 100,000 (which I think went to actual schools), and the other set is about 63,000 (which he was using to gamble at riverboat casinos). When I found out, I immediately launched an investigation. One set--the 100,000 one--found me not responsible and the signatures a forgery. The other set--63,000--is telling me that it appears that these were my signature so therefore it is my signature. The other "fact" that that company investigator said he has is that the money was going to an account we both shared, so he says because of this I should have known as well and that I am responsible too.

Here is a detail about that account. We took out a second mortgage several years ago. Because I did the bills, that second mortgage was being paid monthly. That second mortgage account was closed when we sold the house in September. But the ex was using the reserve line account that was tied to the second mortgage account. When the student loan companies disbursed money to him (or me, per the fraud), he would sign it and deposit the money to the reserve line account. When I asked the bank to send me the statements (because again I didn't find out about this part of the story until March 2005) for this reserve line account, the statements showed that thousands were going in and thousands were going out--mostly to casinos.

Here's another detail: my husband was the only one who had a mailbox key so he was the only one getting the mail for us. I paid the bills that came in the mail, but I didn't know about the mail that I wasn't receiving.

I already filed a police report, which is how I was able to clear my name with the 100,000 student loan set. But the 63,000 set is harder to get off my back.

My ex who admitted to me that he messed up that money in gambling is now saying he didn't forge my signature. All he and his divorce lawyer is offering is to "indemnify" me off these debts by saying that he will pay for them. I cannot accept this because this doesn't ensure that the ex will pay (the 63,000 set of loans are now in default because he had not been paying for months now) and that I know he will file for bankruptcy (he told me so). This "settlement" leaves me with no assurances, and if he doesn't pay or declare bankruptcy, the creditors come after me. My credit will then continue to get ruined and I may not be able to get a student loan on my own when I decide to pursue my master's, along with other issues.

Here are my questions:
--The company that is investigating the 63,000 has not done much investigating. When I asked for their investigation policy, the man I was unfortunately assigned to said "we don't have such a policy." When I asked if I could speak to someone else who would actually help not intimidate and accuse me, he said "you're stuck with me." When I asked if they had originals of the applications, etc, he said, "we don't have those."
Do you know of the fraud laws concerning this matter? How do I get the company to investigate, not make assumptions about my guilt because as the man said, "it seems to me that this is your signature" without hiring a handwriting expert, etc. Where can I turn to ensure that I am getting a fair shake?

--I have a 3-year-old with the ex, and the last thing I want is to send him to jail and deprive her of a father (no matter how lousy he is). I filed a police report but not a charge. I am trying to straighten this matter out without involving the criminal courts, but I am finding a lot of barriers and this is becoming a he-said, she-said case. What do you recommend I do?

--The divorce judge has set this case to go to trial in December, but my main concern is that I don't have money to prepare for this case and obtain all the necessary help I can (handwriting experts, people to testify, etc.). Can you give me some options? Should I go through this trial at all, or just accept what the ex is willing to do?

I do have a lawyer, but I am having to do a lot of the legwork myself to save on cost and trying to find as many avenues as I can to help me. Please I implore some kind-hearted lawyer out there to help me sort this out. Thanks.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:06 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.