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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7243
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Second opinion] - In June 2015, my attorney settled a

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Second opinion] - In June 2015, my attorney settled a malpractice case against the Veteran's Assistance involving my deceased father. The settlement money was suppose to be processed through my father's estate but was instead processed through my social security number which my attorney should not have happened. As a result, the Department of Treasury on behalf of the Department of Education took $67,202.04 of the settlement money that was to be paid to my father's estate for a student loan that I paid in full in 2005. The money taken from my father's estate was to be paid to my attorney, my 2 sisters and myself. The Department of Treasury never sent me nor my attorney any notice of the offset but instead mailed a letter to an unknown person in Maryland. Under Federal Law, I should have be given advanced notice of the proposed offset. I was never given this notice. ECMC mailed notice of the offset to an unknown person in Maryland. ECMC has me confused with another person. I have never lived in nor know anyone in the state of Maryland.Without my knowledge, there were two additional promissory notes signed in 2005 and 2006. Someone forged my signatures. In addition, these two promissory notes do not have the name of the student loan company nor the amount owed. I have supplied ECMC Ombudsman, Diane Zitur, the 2005 payoff letter, bank statement and copy of the cashed check as proof of payment in full as requested. She said if I could product these document that this would prove that I don't owe the student loan. Yet, after I supplied all of these documents it still was not good enough. She still ruled in favor of the student loan company.My malpractice attorney attempted to get the money back through the court but the judge ruled that I needed to exhaust the administrative options first with the student loan company before pursing this in court. I then attempted to get the money back from the ECMC through a hardship refund request, due to the fact I have been unemployed. I was only granted $9,638.85 of the $67,202.67 for my hardship.
A little back ground information: I graduated in 2001 and consolidated all of my student loans with ACS in 2002. ACS states that I reconsolidation again in 2005 and again 6 months later in 2006. In 2005, borrowers were not allowed to reconsolidate for a lower interest rate. The interest rates I have been told are the same with all 3 of the consolidations at 4.5%. In 2005 borrowers were only allowed to reconsolidate if they went back to college and took out new student loans for which I never did. The alleged 2005 and 2006 promissory notes are very generic and do not state the name of the company, the amount of the loans. There is only a stamped date on one documents. The signatures on these 2 alleged promissory notes are not mine. My signatures have been forged.In addition, the NSLDS, the National Student Loan Data Base, which is maintained by the government shows my one and only consolidation loan from 2002 with ACS that was paid in full in 2005 was reconsolidated again in 2005 with Direct Loan Servicing Center (ACS). Dan Fox with ACS resolution management stated that the NSLDS information maintained by the government is inaccurate. He stated that ACS was a parent company of Direct Loan Servicing Center and also had offices located in the same building. Mr. Fox stated that ACS and Direct Loan Servicing Center were two separate entities. However, the NSLDS does not show this information to be true. The NSLDS shows that Direct Loan Servicing Center and ACS were in fact the same company. I would never be allowed to reconsolidate with the same company 3 times nor would I have any reason to do so. I emailed the NSLDS and found out some very interesting information. I was informed that prior to 2008 there was only one Direct Loan Servicer, and that was a contract held by ACS. So, ACS is the only company who would have held the alleged 2005 and 2006 reconsolidation loans. I have the email from NSLDS as proof of this.
In 2006, 6 months after the alleged 2005 reconsolidation, ACS states I reconsolidated again. However, the NSLDS does not show which company this loan was held with nor their contact information.
Mr. Fox stated that ACS took the loan over in 2011. However this is not true. ACS held the loan since 2002 until the payoff in 2005. I did not hear from any student loan company for over 6 years, from the 2005 payoff until I filed for bankruptcy in 2011. If I really owed the money why would ACS or any other loan company wait 6+ years to contact me? In the 6+ years time period I received no correspondence via email, phone nor mail regarding this alleged loan. ACS had my current contact information if they needed to contact me. I would have been considered in default years prior if I had not made a paid in over 6 years. I would like to get the original loan marked paid in full and a full refund of the offset. Please help!
Submitted: 7 months ago.
Category: Estate Law
Expert:  Irwin Law replied 7 months ago.

The settlement money was suppose to be processed through my father's estate but was instead processed through my social security number which my attorney should not have happened. If all of this difficulty that you have described was caused by a simple mistake of your lawyer using the wrong Social Security number, then I would file suit against the lawyer for malpractice and hope that his errors and omissions coverage policy. If you do, there's a good chance that you will get your money back. The lawyer's insurance company has far more resources and legal talent than you do. As your experience with the ombudsman demonstrates, you have little or no chance of getting this done on your own.

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