Is a voice recording legal to cosign a private student loan?

[gflo4]

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

I am wondering if a voice recording is legally binding to setup a consigner for a private student loan? My grandma came to me and told me that there was a lien on her credit when she tried to apply for a home loan. After some research, I found that there were 4 student loans taken out with my grandma as the cosigner. When I asked her about it, she said she only remembered authorizing 1 student loan for her niece and that was done over the phone apparently. She lives in Hawaii while her niece had gone to college in California. This has been over a span of 8-9 years without knowing she had 3 other loans tied to her name. But she doesn't remember signing anything. Is this legal for the lender to authorize?

 

[latigo]

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

I am wondering if a voice recording is legally binding to setup a consigner for a private student loan? My grandma came to me and told me that there was a lien on her credit when she tried to apply for a home loan. After some research, I found that there were 4 student loans taken out with my grandma as the cosigner. When I asked her about it, she said she only remembered authorizing 1 student loan for her niece and that was done over the phone apparently. She lives in Hawaii while her niece had gone to college in California. This has been over a span of 8-9 years without knowing she had 3 other loans tied to her name. But she doesn't remember signing anything. Is this legal for the lender to authorize?

If you are so naïve as to even consider that a financial institution would grant such a loan on the strength of a telephone call from a would be guarantor or that an employee of the institution having done so wouldn't be out on his or her ear, then I suggest that you gracefully bow out of trying to assist grandma in sorting out her financial affairs.

And I'm guessing that in a month or so down the road grandma won't have any recollection of speaking to you on the subject.

In the mean time I suggest that you read the statutes of fraud for both Hawaii and California (Hawaii Revised Statutes Section 656- 1 (2) and California Civil Code Section 1624 (2) where you will learn that a promise of answer for the debt of another is not enforceable unless in writing signed by the person to be charged or their authorized agent.