Discharging Your Student Loan for False Certification

by DeLadurantey Law Office, LLC on November 6, 2014

identity TheftOne way you may be able to get your student loan discharge is if you can prove false certification by your school. One type of false certification occurs when somebody acting on behalf of your school forges your loan documentation or it was falsely certified due to you being the victim of identity theft. It is often referred to as the “unauthorized signature” discharge.

How does false certification occur? It can occur in a variety of ways, but the most common examples include:

  • An individual affiliated with your school signed your name on the student loan promissory note without your authorization
  • Your school endorsed your loan check without your permission
  • Your school authorized an electronic funds transfer without your consent

It is important to note that if you received the student loan funds or they were applied to legitimate charges owed to the school by you, you may not qualify for the discharge. Additionally, the discharge does not apply if a third-party not affiliated with your school forges your name. However, in this case, you can still claim the forgery as a defense to any collection action of the loan.

How can we help? If you believe you may qualify for the false certification discharge of your student loan, contact us immediately. We can assist you with completing the appropriate discharge application, including the submission of qualifying samples of your signature. Your sample signatures must have been written within 12 months before or after the date that the forgery occurred. We typically use signatures on your driver’s license, passport, tax returns or cancelled checks.

You can apply for a false certification discharge at any time, but where you submit your application depends upon the type of student loan you are claiming was forged. If your discharge is denied, we can assist you in seeking review by the Department of Education and, if needed, an appeal to federal court. If your discharge is granted, you are no longer obligated to repay the student loan. It is possible you may be reimbursed for certain amounts paid on the loan. Finally, any negative notations made on your credit report must be corrected by the holder of the student loan.

Contact The Milwaukee Bankruptcy Attorneys, DeLadurantey Law Office, LLC.   DeLadurantey Law Office focuses on student loan debt, Chapter 7 and 13 bankruptcy, debtors rights, debt negotiations, debt relief, mortgage loan modifications, and foreclosure defense. A defender of the little guy, DeLadurantey Law Office serves the following location – Milwaukee, South Milwaukee, West Milwaukee, Waukesha City, Waukesha Town, Kenosha, Racine, and all other municipalities in Milwaukee County, Waukesha County, Kenosha County, and Racine County. We can be contacted by phone: (414) 377-0518 and can be found on the Internet and on Facebook.

 

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