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Student Loans Certification Discharge: Forgery & Identity Theft

May 24, 2017 | Category: Student Loan Debt

Student loans can be discharged if false certification can be proven. One type of false certification occurs when your student loan documentation has been forged by your school or was falsely certified due to you being the victim of identity theft. It is sometimes referred to as the “unauthorized signature” discharge.

If your student loan promissory note was executed by an individual affiliated with your school without your permission, the school endorsed your loan check, or the school signed your authorization for an electronic funds transfer without your authorization, you may be eligible to have your loan discharged. However, if you received the loan proceeds or they were applied to charges legitimately owed by you to the school, the discharge will likely not apply.

It is important to understand that you are only eligible for this discharge if somebody affiliated with the school forged your name and you did not receive the proceeds of the loan. If your name was forged by another unauthorized party, you do not qualify for the discharge of your loan, but you can still raise the forgery as a defense to collection of the loan.

If you believe your student loan was falsely certified by your school, let us help. We can help you complete the proper application, including submitting samples of your signature. At least two of your sample signatures must have been written within a year before or after the date that the forgery occurred. Common examples of qualifying sample signatures include tax returns, driver’s licenses and canceled checks.

While there is no deadline for applying for a false certification discharge, where you apply for the relief depends upon the type of student loan you are claiming was forged. If you are successful in obtaining the discharge, you are no longer liable to repay the loan or any costs associated with it. In fact, you may be entitled to reimbursements for any amounts paid on the loan. Lastly, the holder of the loan must correct your credit report if any negative notations were made on it. If the discharge is denied, we can help you seek review by the Department of Education or assist with other repayment options.

Please keep in mind that every matter is different. If you have questions about your student loan debt and you would like to schedule a no-cost consultation to discuss your options, please contact our office by completing the form on this website, calling us at 954-920-5355, or emailing us at info@lsaslaw.com.

Leiderman Shelomith Alexander + Somodevilla, PLLC

Fort Lauderdale

2699 Stirling Road, Suite C401
Fort Lauderdale, FL 33312

T. 954-920-5355 | F. 954-920-5371

Miami

2 South Biscayne Blvd, Suite 2300
Miami, FL 33131

T. 305-894-6163 | F. 305-503-9447

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