topic Re: Student Loan Family Forgery Nightmare. Now what? in Student Loans

Student Loan Family Forgery Nightmare. Now what?

Anonymous — Mon, 18 Jun 2012 18:42:41 GMT

My story is complicated and pretty sad, and I don't know what to do. I've tried to make this as brief as possible.

My mother and stepfather encouraged me to enroll in the very best college I could get into. They took me on visits starting when i was 12 years old, and they gave me the gift of an education at a top school. They paid for it-- or so I thought. They told me that they were taking out some loans, and I told them that i would help them to repay them when I could afforrd to. They made it clear to me that THEY were taking out loans-- I was not. I had no knowledge of the specifics-- lender, amount, terms, etc. I never even saw my own financial statements, which were sent to my parents in my home state. I didn't feel entightled to my education-- it was a very generous gift that was as important to them as to me.

I graduated in 2007. In 2009, i was contacted by DCS about defaulted private student loans (CittiAssist) totalling $75K. I disputed this, talked extensively to my mom about it, who swore that they were supposed to be in their names. We wrote lots of letters to Citibank and DCS, but my mother wanted to handle it-- fix it-- because she felt she had dropped the ball since they were in default. I let her do this, which was my major mistake-- but i trusted my parents to look out for me, because i had no reason not to. I'm leaving out a lot of back and forth here, but the gist is that for two years, she made calls and we both wrote letters, and it seemed like we were making progress until it became clear via my credit report that we were spinning our wheels. I followed her instructions, as she seemed confident she could fix the error.

My parents divorced, and it was ugly. In 2011 i heard from 2 CAs, six months apart, about the debt. I disputed; heard nothing. A legal aid lawyer told my mother that the only way to clean my record of these loans was to file an identity theft report (which i have been assured covers companies' clerical errors, which at the time I still believed this was) and go through the CRAs, which we did. Experian and Equifax blocked the debts, but TU did not. My mom is still trying to convince them to, and she thinks she will succeed. But even if she does, I'm not sure that solution will be permanent.

I decided to do more myself, because it had been 3 years since I was first contacted, and still it was not resolved. I called my college and asked if they had the promissory note, and they put me on hold, came back and said "no, but we called citibank, and they said they can send it if you call and request it." But three months ago, I even had a lawyer write a letter demanding the agreement! Citi did not write back. But my college did furnish me the last year of my financial records (they destroy everything after 5 years), and there were some fishy looking things on it, including a "refund" issued to me that I certainly never received.

My next step was to go to citibank again, but my mom begged me not to. Why wake the sleeping giant, we're 2 for 3 with the CRAs, just hang in there, etc. She gave me a long run around and a lot of emotion and denial, but it is finally becoming apparent to me that either my mother or stepfather forged my signature on thess loans-- perhaps, in their minds, innocently. I think she doesn't want me to pursue citibank because she knows this, and if there is a co-signer, it would be my now ex-stepfather, of whom we are very frightened. He is a violent alcoholic and we have been estranged since the divorce.

In sum: If my name is on these loans, it was forged by family. But I DID go to the school where the money was sent. I'm scared to provoke the lender. Probably there was a cosigner, but we don't want to provoke him either. The debts are blocked from 2/3 of my CRAs, but I don't know-- maybe Citi can still sue me. The SOL in my home state is 15 years, the SOL is my college state is 6, and the SOL where I live now is 6. I make $20k per year, and my mother is nearly homeless.

What the heck do I do now?

Re: Student Loan Family Forgery Nightmare. Now what?

Beasley12 — Tue, 19 Jun 2012 01:29:33 GMT

Two things about your story jumped out at me. (1) they forged your name (2) a refund was issued that YOU did not receive. I am lacking on advice other than to tell you that it seems like BOTH of your parents duped you and if you want a resolution then your mother as well as your dad will have to answer for it. If it were me, I would fight it regardless of who may get mad or hurt because you were obviously lied to. I realize that you did receive the education however had you known you would be legally responsible maybe you could have made arrangements to pay the loan. Instead you are now left with at least one damaged credit report, your future income tax refunds can be garnished for student loans, and the collectors will hound you.

Re: Student Loan Family Forgery Nightmare. Now what?

IOBA — Tue, 19 Jun 2012 04:02:28 GMT

I agree that this goes deeper than just filing a police report. You NEED To get copies of the original loan paperwork signed. The DOE will not let this go quietly...and while the SOL may exist, having defaulted student loans can haunt you for years. Many years.

Get to the bottom of it. Stop letting your mom dictate what you will or will not do regarding this mess. Ask your mom point blank about the loans. Also, go get a copy of the divorce decree and property settlement. The loans your parents took out should be clearly defined in the property settlement. Who pays what.

Please keep us updated.

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Tue, 19 Jun 2012 20:16:23 GMT

Today I sent, through my school's legal service (I'm in grad school now, but don't worry, it was free), a more "persuasive" packet to TU with back up documentation of my protests to citibank, back to summer 2009. We'll see if that does anything. They agreed that this is a delicate situation and they see why I don't want to "poke the bear" by forcefully hunting down the prom note via citibank. I can't point my finger at my mother (criminally)-- I still have siblings at home, and I couldn't, emotionally, be responsible for that. Citibank has received letters from her saying that there was a mistake, these loans were never supposed to be in my name. At least she has tried to correct her mistake, and I have proof of that.

BUT: I also had a phone consult with a lawyer (referred by a friend) who said that the "poke the bear" thing was a false fear-- that in a huge corporation like Cit, these departments are far enough away from each other that me getting my prom note isn't going to "flag" me or cause them to sue me any faster.

The SOL will do that-- and we don't know the SOL yet for me, because my permanent residence at the time of the loan, the location of the school to to which money was disbursed, lender's headquarters, and my current state of residence are all different states. And one has a disastrously long SOL-- 15 years. He says getting the paperwork via Qualified Written Request will clear this up.

He says I need to write a Qualified Written Request to the creditor as it appears on my CR. What do you all think?

Should I try to do this from a lawyer's office, in case cit doesn't have my current address?

IOBA: I was at the divorce trial. There's nothing in the settlement. My mother's lawyer didn't deal with them (we both told her), and my stepfather perjured himself about several matters.

Re: Student Loan Family Forgery Nightmare. Now what?

IOBA — Wed, 20 Jun 2012 14:38:29 GMT

The SOL is usually for the state you are currently residing in.

I personally think you need to get to the bottom of this - regardless of the consequences. No one is going to prosecute your mom or step dad unless the DA decides to. The DA has choices. It has to get to the DA, usually from the police. You are no where close to that step.

The way your mother has acted during this - I think she intentionally committed fraud and thought she could get away with it. Now she's scared you are going to find out. If she did this to you, what else has she done? It's, IMO, important to confront her with this behavior and get it to stop. Guilt alone may be enough. But you need to know.

If the loan was not discussed or mentioned in the property settlement, then it sounds like both parties (mom and step dad) knew that the loans were never in their names.

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Wed, 20 Jun 2012 20:44:40 GMT

@IOBA wrote:
The SOL is usually for the state you are currently residing in.

I personally think you need to get to the bottom of this - regardless of the consequences. No one is going to prosecute your mom or step dad unless the DA decides to. The DA has choices. It has to get to the DA, usually from the police. You are no where close to that step.

The way your mother has acted during this - I think she intentionally committed fraud and thought she could get away with it. Now she's scared you are going to find out. If she did this to you, what else has she done? It's, IMO, important to confront her with this behavior and get it to stop. Guilt alone may be enough. But you need to know.

If the loan was not discussed or mentioned in the property settlement, then it sounds like both parties (mom and step dad) knew that the loans were never in their names.

I agree with this part. I had an old room-mate still my identity YEARS ago and when I found out I was told I had to file fraud charges so I did but the cops nor the DA would touch it since we lived in the same household

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Sun, 24 Jun 2012 22:04:17 GMT

I submitted the QWR to citibank using the legal services office as the return address. If they don't have my home address, I'm not giving it now. They have either 20 or 60 days to respond with all the documentation-- can't get a sure answer on that either. But they didn't answer my lawyer's letter, so we'll see.

I submitted the refund inquiry to my college. Who they made the check out to or what account they directed deposited it in will tell me a lot.

Now I wait.

My dad (my real dad, uninvolved in any of this) came this weekend, and i told him the whole thing. I guess i was hoping he would say, "hey, she's not perfect, but there's no way she would do that. there's got to be a mistake." He said he wasn't surprised, and then told me a lot about her that I sure wish he'd told me when i was seventeen, instead of now. But even knowing (and caring about) the people involved, he feels very strongly that i have to see this through, and that i can't protect her from something she did. I'm just devastated, frankly.

Anyway-- i'll keep you posted on the paperwork.

Re: Student Loan Family Forgery Nightmare. Now what?

IOBA — Mon, 25 Jun 2012 03:11:59 GMT

speechless - it's not easy. And would you have listened to your bio dad when you were 17 if he had told you any of this?

Follow this through. If it was done to you, it might be done to your siblings.

Yes, having a copy of the front and the back of the check will help you learn a little more about the fraud. I am sorry you are going this. I went through something horrible with a bio parent that actually prevented me from buying my first house. I found out after I was under contract. I was devasted. But it was a valuable leasson. I can share in email, but not here.

Please do keep us in the loop. Many people have been screwed by family members and friends. It's important to share information and stories.

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Mon, 02 Jul 2012 00:48:55 GMT

@ speechless, you have a very sad but real story. I have a cousin who stole her daughter's credit identity since her's was so bad. She choose not to fix her own credit but destroy her daughters. Her dgtr doesn't spk to my cousin til this day because she can't get cable, a car, school loan, credit card, or even utilities without being put through the ringer. It is real that parent's sometimes steal their kid's identity to gain money or their credit for self serving purposes. I am sorry to hear you are in this situation. Good Luck and don't give up.

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Fri, 24 Aug 2012 22:24:58 GMT

Re: Student Loan Family Forgery Nightmare. Now what?

bahbahd — Sat, 25 Aug 2012 01:27:58 GMT

Del

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Fri, 24 Aug 2012 22:25:29 GMT

Re: Student Loan Family Forgery Nightmare. Now what?

bahbahd — Sat, 25 Aug 2012 01:28:26 GMT

Del

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Fri, 24 Aug 2012 22:39:13 GMT

Re: Student Loan Family Forgery Nightmare. Now what?

bahbahd — Sat, 25 Aug 2012 01:28:46 GMT

Del

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Fri, 24 Aug 2012 22:25:50 GMT

Re: Student Loan Family Forgery Nightmare. Now what?

Jazzzy — Wed, 01 Aug 2012 02:01:50 GMT

I wouldn't think the lender would put them in her name alone if there are no/few prospects of repayment.

At some point you will likely have to file a police report to prove fraud. Whether or not they would actually bring criminal charges against your mother is a separate question...but you may have to make the report and take that gamble.

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Wed, 01 Aug 2012 18:55:25 GMT

I too had my mother steal my identity when I was young and abused it until I was 20. I had suspiciouns as mail was showing up when I was younger with a fake name similar to mine with just one added letter on the first name making it a girls name.

After sprint slipped up on the call back about the unpaid account I had confirmation of my biggest fear...

Unfortunatly, I never reported the crime. I struggled for 10 years with all three credit bureaus trying to get a free report. It wasn't until just 1 month ago at age 29 I got equifax to stop adding that stupid name back on my report forcing me to dispute it yearly. I was never able to get any form of credit, even though I cleared the utilities away from causing problems. Now Eq has a 1 year of history, eq 12, and tu of 4, ranging from 300-330 when I started to 670 now. Only after a year of a secured card.

In retrospect I wish I had done more. It is a tough situation to be in. It is you mother, and if your father didn't qualify she did what she thought was right I suppose, which is better than what I went through. You also said she had a Myfico account, perhaps she was trying to keep up with it as best she could.

I know it sucks, but you did get the education. It appears you would have taken the loans anyway. I do see a major problem with the refund never reaching you though. That should be resolved. It isn't your fault they defaulted either, that is a issue you might need a cold one and a long conversation with your mom. I know it isn't easy but you came a long way. You're 2/3 cra's, make sure to hit up chexsystems to for the free report. Stay on top of TU. If nothing else, fill out some apps for you mom for a part time job so you can both tag team the debt perhaps. She kinda owes you...

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Wed, 01 Aug 2012 19:19:16 GMT

No, I very much doubt that I would have taken out the loans if my family had told me what the real situation was. But I wasn't given the opportunity to make that choice, so. No, I do not think I should be held liable for the loans. I did not consent to them, and they were taken out under totally false pretenses and hidden from me.

But that's the thing with this student-loan ID theft: did you receive benefit from the stealing of your identity? The answer would have to be yes. I went to the school, not knowing that the money to pay for it had been stolen from me. Had the "gift" they'd given me been a car or other material goods, I could have returned them when I found out the goods were paid for with money stolen from me. No such luck with the college gift.

The best possible outcome is that Citi will allow her to take responsibility for the loans without pursuing her on criminal charges. If they do that, I will help pay them down, but only through her. These loans have been in dispute as long as I've known about them-- never a single payment. I don't know what the hell she was thinking. She is, as I have recently and painfully learned, irrational in her decisions.

If Citi wants me to pay them back for fraudulent loans, I guess they will have to sue me. Fortunately, I guess, I'm very poor. I make enough to live on and live within my means-- but I never thought I'd be socked with $80K in fraudulent debt. I have to pay down the federal loan (another $12K) anyway, and that I will do alone.

Re: Student Loan Family Forgery Nightmare. Now what?

Anonymous — Thu, 02 Aug 2012 18:34:22 GMT

@Anonymous wrote:
No, I very much doubt that I would have taken out the loans if my family had told me what the real situation was. But I wasn't given the opportunity to make that choice, so. No, I do not think I should be held liable for the loans. I did not consent to them, and they were taken out under totally false pretenses and hidden from me.

But that's the thing with this student-loan ID theft: did you receive benefit from the stealing of your identity? The answer would have to be yes. I went to the school, not knowing that the money to pay for it had been stolen from me. Had the "gift" they'd given me been a car or other material goods, I could have returned them when I found out the goods were paid for with money stolen from me. No such luck with the college gift.

The best possible outcome is that Citi will allow her to take responsibility for the loans without pursuing her on criminal charges. If they do that, I will help pay them down, but only through her. These loans have been in dispute as long as I've known about them-- never a single payment. I don't know what the hell she was thinking. She is, as I have recently and painfully learned, irrational in her decisions.

If Citi wants me to pay them back for fraudulent loans, I guess they will have to sue me. Fortunately, I guess, I'm very poor. I make enough to live on and live within my means-- but I never thought I'd be socked with $80K in fraudulent debt. I have to pay down the federal loan (another $12K) anyway, and that I will do alone.

Sadly I think you need to do what is best for YOU at this point.

If it was me, I would go to the police station and file the identity theft report and let it go from there as it will. Filing it with citi won't do much and will probably cause more harm to your mother than going the proper channels. They would probably push a DA to file charges vs a police captian.

It may be hard to turn your mother in, but in the end what she did - intentionaly or unintentionally was wrong and you shouldn't be the one who pays for that. I agree you can't just "return" your college education. If you feel as though you want to help your mother and make things right, you could always just start making payments on the loan yes it sucks but if your main goal is to protect your mother then thats what you need to do. If your main goal is to protect yourself then going to the police is the right thing to do.

Sorry your situation just sucks in general.