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  1. #1
    mufan is offline Junior Member
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    Student Loan Forgery

    What is the name of your state (only U.S. law)? West Virginia

    Hi,
    My girlfriend's mother took out a student loan and co-signed (forged) my girlfriend's signature. The crappy thing is that the money is un-accounted for. It didn't go toward my girlfriend's school but apparently went to her mother's pocket somehow......and she no longer has this money (35,000 dollars). Now the loan has been increased due to non-payment to $75,000!

    So the collection agency has been calling my gf because her mother isn't paying the loans threatening to doc her pay to pay for this loan because she is listed as a co-signer. Here are my questions:

    [LIST]
    Can the collection agency legally come after my girlfriend for this money if she is listed as a co-signer?[/LIST]
    [LIST]
    If so, what are the legal ramnifications her mother would face if she took her to court over this?[/LIST]
    [LIST]
    If I marry this girl can they doc my pay and destroy my credit?[/LIST]
    [LIST]
    If her mother dies or can't pay then does the obligation for this loan fall on my gf?[/LIST]
    [LIST]
    If something happens to my gf would the obligation fall on her kids to pay it and so on?[/LIST]

    With mother's like that who needs enemies?What is the name of your state (only U.S. law)?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by mufan View Post
    What is the name of your state (only U.S. law)? West Virginia

    Hi,
    My girlfriend's mother took out a student loan and co-signed (forged) my girlfriend's signature. The crappy thing is that the money is un-accounted for. It didn't go toward my girlfriend's school but apparently went to her mother's pocket somehow......and she no longer has this money (35,000 dollars). Now the loan has been increased due to non-payment to $75,000!

    So the collection agency has been calling my gf because her mother isn't paying the loans threatening to doc her pay to pay for this loan because she is listed as a co-signer. Here are my questions:

    [LIST]
    Can the collection agency legally come after my girlfriend for this money if she is listed as a co-signer?[/LIST]
    [LIST]
    If so, what are the legal ramnifications her mother would face if she took her to court over this?[/LIST]
    [LIST]
    If I marry this girl can they doc my pay and destroy my credit?[/LIST]
    [LIST]
    If her mother dies or can't pay then does the obligation for this loan fall on my gf?[/LIST]
    [LIST]
    If something happens to my gf would the obligation fall on her kids to pay it and so on?[/LIST]

    With mother's like that who needs enemies?What is the name of your state (only U.S. law)?
    Was this for your girlfriend's school?
  3. #3
    Proserpina is offline Senior Member
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    Quote Originally Posted by mufan View Post
    What is the name of your state (only U.S. law)? West Virginia

    Hi,
    My girlfriend's mother took out a student loan and co-signed (forged) my girlfriend's signature. The crappy thing is that the money is un-accounted for. It didn't go toward my girlfriend's school but apparently went to her mother's pocket somehow......and she no longer has this money (35,000 dollars). Now the loan has been increased due to non-payment to $75,000!

    So the collection agency has been calling my gf because her mother isn't paying the loans threatening to doc her pay to pay for this loan because she is listed as a co-signer. Here are my questions:

    [LIST]
    Can the collection agency legally come after my girlfriend for this money if she is listed as a co-signer?[/LIST]
    [LIST]
    If so, what are the legal ramnifications her mother would face if she took her to court over this?[/LIST]
    [LIST]
    If I marry this girl can they doc my pay and destroy my credit?[/LIST]
    [LIST]
    If her mother dies or can't pay then does the obligation for this loan fall on my gf?[/LIST]
    [LIST]
    If something happens to my gf would the obligation fall on her kids to pay it and so on?[/LIST]

    With mother's like that who needs enemies?What is the name of your state (only U.S. law)?


    Did your girlfriend report the fraud to the police?
  4. #4
    dave33 is offline Senior Member
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    Quote Originally Posted by mufan View Post
    What is the name of your state (only U.S. law)? West Virginia

    [LIST]
    Can the collection agency legally come after my girlfriend for this money if she is listed as a co-signer?[/LIST]
    [LIST]
    If so, what are the legal ramnifications her mother would face if she took her to court over this?[/LIST]
    [LIST]
    If I marry this girl can they doc my pay and destroy my credit?[/LIST]
    [LIST]
    If her mother dies or can't pay then does the obligation for this loan fall on my gf?[/LIST]
    [LIST]
    If something happens to my gf would the obligation fall on her kids to pay it and so on?[/LIST]

    1. I would say yes, that is the reason for a co-signer.

    2.Depends, criminal or civil? If it's criminal that would depend on what she was charged with. Civil would be the loan amount.

    3. I don't think so but if you get married you will pay one way or the other.

    4. Yes, again the reason for the co-signer.

    5. No, the kids are not responsible.
  5. #5
    swalsh411 is offline Senior Member
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    So am I correct in thinking that the entire loan application was forged? That your girlfriend had no knowledge whatsoever of the loan until the collectors started calling?

    If so, she is not going to get out of this without fully pursuing criminal penalties against her mother and cooperating with the police. In other words, there is a very good chance her mom could go to prison for this. This is why most of the time when a family member defrauds another, the bill is usually paid because they don't want to see family incarcerated and with a criminal record the rest of their life. So your girlfriend has to ask herself whether she would prefer to deal with this debt or see her mother go to prison.
  6. #6
    mufan is offline Junior Member
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    Yes, it was taken out by her mother on behalf of her daughter. Apparently the check was sent to the school and somehow her mother got it? I don't know how but she has admitted to doing this. We are trying to get Fanny Mae to produce a copy of the loan paperwork but haven't been able to do so yet.
  7. #7
    asiny is offline Senior Member
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    Quote Originally Posted by mufan View Post
    Yes, it was taken out by her mother on behalf of her daughter.
    So there was no fraud... just theft. If your gf was aware of the loan, why didn't she complete her own paperwork?
    Quote Originally Posted by mufan View Post
    Apparently the check was sent to the school and somehow her mother got it?
    If the loan company sent a cheque, they usually send it directly to the school for the deferment of costs.... you need to figure out the 'somehow her mother git it' part. I smelleth the stench of more to the story here.
    Quote Originally Posted by mufan View Post
    I don't know how but she has admitted to doing this. We are trying to get Fanny Mae to produce a copy of the loan paperwork but haven't been able to do so yet.
    What? Too many inconsistencies in this story- too many weird answers to questions- and there is no 'trying to get copy of paperwork'. A request goes in, they submit your gf a copy. Quite simple.. again, the smell is strong with this one.
  8. #8
    OHRoadwarrior is offline Senior Member
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    The normal procedure, is the check is sent to the school for expenses. Whatever is leftover, is issued to the student. So unless GF was involved, mom somehow faked being her.
  9. #9
    mufan is offline Junior Member
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    She only found out about the loan 3 years after it was taken out when the collection agency called asking about it. that is when she confronted her mother about it.

    She thinks her mom would have intercepted any paperwork that would verify the loan approval. She doesn't want to consider litigation at this point for two reasons: she lives with her mom and she doesn't want to send her to prison.

    What are the ramnifications of this crime? prison?
  10. #10
    OHRoadwarrior is offline Senior Member
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    If she co-signed GF signature, then the loan was for her, not for your GF. She could have signed up for classes, taken the money left over and kept it.
  11. #11
    mufan is offline Junior Member
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    Can a parent submit a student loan on behalf of the child? I mean can she submit as the primary borrower and put the child as a cosigner or would the loan agency only accept the student as the originator and the mother as a cosigner?
  12. #12
    mufan is offline Junior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    If she co-signed GF signature, then the loan was for her, not for your GF. She could have signed up for classes, taken the money left over and kept it.
    That makes sense. So the child would have to be the primary on the student loan that was for her and the mother the cosigner?
  13. #13
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by mufan View Post
    That makes sense. So the child would have to be the primary on the student loan that was for her and the mother the cosigner?
    Yes, that would be the normal way.
  14. #14
    asiny is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    Yes, that would be the normal way.
    OH.. you know that smell I spoke of.. I am getting it again. What happened to;
    Quote Originally Posted by mufan View Post
    Yes, it was taken out by her mother on behalf of her daughter.
    I guess the story is, slowly, becoming clarified to that the daughter had no clue - apparently - now that the mother was going to school. Nor that the mother had applied for a student loan - for herself - and co-signing her daughter's name on the application.
    Quote Originally Posted by mufan View Post
    What are the ramnifications of this crime? prison?
    First I would expect the CA to verify the loan and the signers of the loan through the loan company. Second, if they are not getting a response from the primary borrower - the gf's mother - then they would come to the co-signer to settle the loan.
    Under the circumstances you have explained that your gf is not going to seek legal action against her mother - which is going to affect your gf's credit - this is what I would do (this is in no-way given as legal advice, but from a personal perspective);
    Contact the CA to verify the loan with paperwork - they may well tell the me to contact the loan company. If so, contact the loan company for copies of the loan paperwork-

    Once the paperwork is verified- and the fact that I would not want to push legal action- contact the CA and inquire as to what attempts to collect the debt, from the primary (mum), have been made. Did they put a lien on her mum's home or property? Have they attempted court order against the her income (if any)?

    Attempt to push the debt back to the primary- I may not want to push legal action, but there is no-way I am paying a debt that is not mine, nor a debt incurred by - apparent - fraudulently co-signed with my signature.

    At the end of the day CA may not (probably will not) care and still push the debt to the co-signer.. but at least the process is now moving.

    One thing I have noticed, there is no reference as to the mum's position in all of this. What is her position now that her daughter is facing financial ruin?
  15. #15
    ecmst12 is offline Senior Member
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    If GF does not press charges then it will be assumed that she agreed to the loan and will be on the hook for it.

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