The problem you're up against is that you made payments against the note. By doing this, the lender could claim and the court could find that you "ratified" your spouse's signing of the note as your agent. See Theis v. duPont, Glore Forgan Inc., 212 Kan. 301 (KS 6/09/1973)(An “ostensible agent” or “apparent agent” is one whom principal has intentionally or by want of ordinary care induced and permitted third persons to believe to be his agent even though no authority, either express or implied, has been conferred upon him; ratification by principal of an unauthorized act of his agent is equivalent to original grant of authority).
I believe that your having tried to pay according to the allegedly forged note would operate to ratify the loan agreement.
This leaves you with bankruptcy, again, as your only reasonable option. Only this time, you would try to have the loan discharged on grounds that you satisfy the "undue hardship" requirements of Bankr. Code
523(a)(8), as applied to Kansas bankruptcy actions in the case of EDUCATIONAL CREDIT MANAGEMENT CORP. v. POLLEYS, 356 F.3d 1302 (2004), in which the U.S. 10th Circuit Court of Appeals held that the bankruptcy court
- the debtor's past, present, and reasonably reliable future financial resources;
- a calculation of the debtor's and her dependent's reasonable necessary living expenses; and
- any other relevant facts and circumstances surrounding each particular bankruptcy case.
"Simply put, if the debtor's reasonable future financial resources will sufficiently cover payment of the student loan debt-while still allowing for a minimal standard of living-then the debt should not be discharged." Polleys
, at 1308.
The 10th Circuit has given bankruptcy courts more latitude than exists in most other federal circuits, so a student loan discharge is easier to get. However, don't be misled by this, because it's still not easy. You must show that under the "totality of the circumstances," you will be unable to repay the loan during your lifetime.
If you proceed down this path, you will need a bankruptcy lawyer who has experience and previous success in obtaining a student loan discharge, because it's very difficult to accomplish, and I would be willing to bet that only one out of 100 bankruptcy lawyers have succeeded in the past. So, you will have to shop your case until you find the right person.
For some possible referrals, in the Kansas jurisdiction, see this link
I realize that you are looking to show that you were defrauded by the lender and your ex -- but, since the statute of limitations
for fraud in Kansas is two years from the date of discovery, your time to accomplish this, even if you could avoid the ratification issue, has long ago passed.
Please let me know if I can be of further assistance.