Do I have to pay a student loan I didnt take out.?
My dad used my information and my mother's information to take out student loans for me to go to college with out our permission or knowledge until he had already passed away from a terminal lung disease. Because we had no idea of the existence of the loans and we didnt give him permission would the be considered identity theft and should we be required to pay them? What should we do and is there a way to fight this even though we have already made payments on the loans because we felt pressured to by the lender.
- 7 months ago
What kind of loans are you talking about? PLUS? If so, your dearly departed did not need your - or mom's- permission to borrow for your educational expenses. The check would have gone to the college, and any balance could have been returned to you OR to him - his choice. PLUS loans are dischargeable upon death.
- 7 months ago
Being a victim of identity theft may allow you to discharge any Federal loans borrowed in your name, but to be eligible, you must not have benefited from the loan funds in any way.
If you can prove that the student loans were not used to pay for your schooling, you will first file a police report. Then apply for a discharge. For the discharge, you will need to provide a judgment stating you were the identity theft victim and that the perpetrator borrowed the loans in your name. A simple police report will not suffice, nor will a judgment of identity theft without the statement. You will need a paper trail to show how your tuition and living costs were paid. Work with your loan holder and the university throughout this discharge application process
If the loans were in fact used to pay for your schooling, you will not be able to avoid repayment.
- GypsyfishLv 77 months ago
Was the money used to pay your tuition? Then you owe it to someone. Was there nothing in your father's estate to pay it off?
- Pearl LLv 77 months ago
i would talk to the lender about it
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- KaleyKLv 77 months ago
There is no such thing as "giving permission" to anyone to obtain a loan in your name. If you didn't sign your name then you are not liable for the debt. It's really that simple. If someone else signed your name on the loan then that is identify theft. That the person is your father is not relevant.
- Anonymous7 months ago
It COMPLETELY depends on the country and whose name was used to take it