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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32572
Experience:  Began practicing law in 1992
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some years ago I forged my wifes name on student PLUS loans

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some years ago I forged my wife's name on student PLUS loans for my kids. After forebearance and deferments the balance is now $224,000 and pmts are due. How can I get these loans in just my name so my wife is not on the hook. She had no idea what I did. We can't pay these loans now. She is 67 yrs old and I am on disability. What should I do?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Unfortunately, there is no good answer for this situation.

JD 1992 :

Were these loans actually used for your children's education?

Customer:

yes

JD 1992 :

Is your name on the notes as well?

Customer:

No I had other PLUS loans in just my name and have had them eraed due to my health.

JD 1992 :

The only way to have her name removed is for her to claim fraud and that she did not know about the loans. Of course, at that point you could be facing federal or state criminal charges.

JD 1992 :

Is your wife still working or is she disabled as well?

Customer:

Should I just come clean with Sallie Mae and take my chances? She is still working as an elementary teacher making about 50K yearly

JD 1992 :

That's pretty dangerous to do.

JD 1992 :

I haven't seen them prosecuting people for this but it doesn't mean they don't.

JD 1992 :

The big issue here is that you will have committed forgery and fraud on a government backed student loan.

JD 1992 :

If you were able to pay I would say it is safe to come clean but since you aren't able to make the payments then it puts you into a really bad situation.

JD 1992 :

Probably your best bet is to hire a local attorney who does criminal defense in federal court and let him approach Sallie Mae and see what can be worked out.

JD 1992 :

What is your disability?

Customer:

2 strokes, diabetes and many other things

JD 1992 :

Did the strokes happen before or after you signed her name?

Customer:

after

JD 1992 :

If they had happened before you might be able to use them as an excuse that you weren't thinking straight but with them happening after that obviously won't work.

Customer:

My wife and I are separated now and none of my children will communicate with me. I just want to take responsibility for this now and ease my wife's mind. I always made good money and thought I could take care of everything before my strokes but things have changed now.

JD 1992 :

You can likely get them lifted from being your wife's responsibility but just be aware they may prosecute and they almost certainly aren't going to let you negate them with the disability claim.

JD 1992 :

My suggestion is still to get a federal criminal law attorney and turn it over to them to handle.

JD 1992 :

They can do it in a way that has the best chance of escaping with the result that is the most bearable.

Customer:

Can you refer to me to someone here in Tulsa OK?

JD 1992 :

I'm sorry, we aren't allowed to give referrals but if you go to www.lawyers.com you can search by location and by area of practice. When you are looking over the ones who do criminal work look for ones who advertise specifically that they do federal cases.

JD 1992 :

They may very well be willing to work out some kind of agreement with you and allow smaller payments, waive deferment and a portion of the interest, etc.

Customer:

Ok thanks for the help

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Customer:

Will do

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