Legal Question in Credit and Debt Law in Florida

Many years ago when my daughter was applying to got to an art school, I her mother went along. The financial aid counselor convinced us, my daughter and I, that the best way to go was with a parent plus loan thru Sally Mae. I was not working at the time and my husband, our daughters father was the only source of income. My question is two part, one; I signed the loan application for my husband with his name! Yikes, was that illegal, can I still get in trouble for that? Two; Is my husband (we are still married, no problems there) responsible for paying the loans back? Our daughter is long sense graduated, and the loans are well over due. We have just been unable to add the payments to our limited income, and my husband is very annoyed that I put him in this position because it is him who they are going after!


Asked on 6/25/15, 12:00 pm

3 Answers from Attorneys

Joseph Brien THE PEOPLE'S ADVOCATE

Dear Who signed husband's signature.

It's not clear whether you committed identity theft in signing your husband up for the Student Loans. If you forged your husband's signature, he potentially could get released from the obligation � but most lenders will require that you be convicted of identity theft first, However, the facts may undermine the defense. When did you husband find out you signed his name? Does he let you sign his name on his behalf ? The answer is it depends. If he knew about the forgery, or knew for some time and did not object, your husband may still be liable.

If your husband want to fight this he need to file a police report about the identity theft, notify Sallie Mae and the credit reporting agences: Equifax, Experian and TransUnion.

Note the Student loans are not going to go away and the creditor is exempt from several consumer right statutes including state usury laws, Fair Debt Collection Practices Act, the right to refinance, Statute of Limitation on Debt Collection, Truth in Lending Act.

Also, they can garnish wages without a court order, garnish social security and disability income, suspend state professional licenses to include practicing medicine and withholding IRS Tax Refunds.

NOTE Defaulted loans are good for Sallie Mae. Sallie Mae only gets paid once for every loan that stays in good standing. They get paid three times on every loan in default.

Discuss this matter with your daughter and seek the help of a professional. Sallie Mae and its agencies have a bad reputation in the industry. Be careful of what information you provide. If you don't work it out or you go in default of any agreement, the information you provide will only improve there ability to collect.

Your husband should seek a consultation of an attorney to review his position.

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Answered on 6/25/15, 2:44 pm
David Slater David P. Slater, Esq.

1. No, since he accepted the benefit.

2. Yes.

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Answered on 6/25/15, 3:21 pm
Lucreita Becude Lucreita D. Becude, P.A.

First of all why isn't your daughter paying this loan back? This is her debt not yours. But yes, he is responsible.

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Answered on 6/25/15, 4:01 pm


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