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A family member asked me to cosign a student loan for her son

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for about $5000.00 I gave...
A family member asked me to cosign a student loan for her son for about $5000.00 I gave her my information. Later she tells me it was for about $20,000.00 I told her no. Either her or her son proceeded with it, without my authorization. When I found out they told me they were going to straigten it out, but they never did. I am getting calls because the loan is not being paid. I contacted them and told them that I did not authorize the loan and that I never signed any documents. I asked them to produce the loan agreement with my signature. They could not produce it because I did not sign it. I was then told that it was done electronicly. I did not know that you can cosign with out a signature. I would think that somewhere along the way a signature would be required.

i have told the several times that I had nothing to do with it. There answer was if you discussed the giving the signature for $5,000.00 then you are responsible for the $20,000.00 which is now about $30,000.00 with interest. This is now affecting my credit. Can the force me to payor put a lein on me if I did not agree or sign any binding document. How can I get this resolved. I thought about reporting this as identity theft, but I don't know which one did this and we no longer speak. The other thing, it is family do I have to get them arrested.
Submitted: 6 years ago.Category: Legal
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11/1/2011
Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question.

May I ask, when was this loan taken out?
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Customer reply replied 6 years ago

Not really sure, I think maybe 7 or 8 years ago. They kept stalling me telling me that they were going to pay off the interest for two years and that it woud be taken off my name. then they told me they were consolidating the loan.

Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Oh, I see. I am sorry to hear that. What state was it signed in? I want to look up the statutes to see what if anything you can argue here. Thanks.
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Customer reply replied 6 years ago

She lives in NJ he live in PA Drexel college. Please understand I did not sign. The loan people told me it was over the internet. I told them check The IP address. The email address they used for me was his email address. They provided me with a copy of the form which does not have my signature on it. It is blank. My last name was misspelled also. Shouldn't they have sent me something to sign via the mail before they approved the loan?

 

Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

Please permit me to provide a quick disclaimer, although it will not in any way change my response. Drexel happens to be my alma mater, and I happen to practice both in Pennsylvania and in New Jersey. One quick question, please--was this a private college loan from Drexel, or an another third party?
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Customer reply replied 6 years ago
I believe it is sallemae or something like that. I don't believe it is private. Yeah I am pretty sure it is sallemae. Please also understand that if I have them arrested my 80 year old mother has a bad heart and this will kill her.
Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

You will likely not be able to arrest them since you are in an uncomfortable position yourself. You have about 2 years to bring a cause of action against the other parties for the loan and since that did not take place, even if there is fraud there (highly likely), it is no longer actionable since you are beyond the statutory period. The best option here is to contact the lender and claim you never consented, and have them provide proof that you signed off as a co-signer. Having said that, student loans can be "e-signed" so there might not be an actual signature, but if someone utilized your information without consent, that is identity fraud. I am afraid that to actually fix this situation you very well might have to consider retaining counsel so as to fight the lender and get a ruling to remove your name; otherwise I do not see them budging especially if you tell them that you did agree to a lesser amount; under law if you consented, then it is irrelevant under what amount unless there is something in writing denoting that limitation.

I am sorry.
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Customer reply replied 6 years ago
They knew what they were doing, that's why they stalled me. Shoundn't sallemae have sent me an authorization for me to sign via the mail. Can they garnish me, take money out of my bank account or put a lien on my house. Do I need an attorney here or in PA?
Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

No, for a student loan either a signed certified notice or an e-signature is sufficient. If they choose to pursue you, they can garnish your wages, place a lien against your property, and they can pursue a bank levy as well. You would need a local attorney in the state where you are located, as that is where they would have to pursue a collection judgment against you.

Good luck.
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Customer reply replied 6 years ago

How can I protect my home

Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

My apologies but that question is beyond the scope of your original post, which asked about student loans and your options. If you wish to have the answer to your subsequent question, JustAnswer policy asks that you create a new post and have an expert assist you. If you wish to work with me, you can title it "For Dimitry..." and I will then be able to assist you. Take care, and if you found my previous information to be useful, please do not forget to press "accept".

Sincerely,

Dimitry, Esq.
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