Parents defaulted on my student loan payment

Submitted by Bruce on Wed, 10/29/2008 - 02:05
Forums

My parents took out a student loan in my name to help pay for my school and also their finaicial set backs. I had no clue about this loan until i get a letter in the mail stating it was in default.. Once i received that letter i caught up my payments right away and am making regular payments.

Do i have any options to dispute this without throwing my parents under the bus? They took the loan in my name without me knowing, and neglected to pay or tell me.

Hi Bruce
The first think I would like to know is that, have you signed the loan agreement. If you have signed in the loan agreement, then you are fully liable to pay off the debt. You can ask for debt validation from the creditor if it is an unsubsidized government loan or a bank loan. When they validate the loan, they will send you a copy of the original loan application form where you will find out whether the loan application has been signed by you or not.

Wed, 10/29/2008 - 12:13 Permalink

Since you have already started paying off the loan on a monthly payment plan, you should not stop it anytime, since it will build up a repayment history which will help you to improve your credit score. You can also increase your monthly payment if you can afford to, and pay it off faster. However, you should never default your students loan since it may have adverse effect on your credit score. Moreover, disputing the debt would have no effect if you have signed the loan agreement papers.

Wed, 10/29/2008 - 12:26 Permalink

I have a student loan, myself. Even if you DO put in some kind of complaint about your parents getting the loan without your knowledge, they company may take that complaint into 'LESS consideration', because you are making payments on it now. I agree....DON'T stop paying on it.

Wed, 10/29/2008 - 14:00 Permalink

That sucks . Do continue making payments and resolve it with your parents .

Wed, 10/29/2008 - 16:23 Permalink

I never signed anything. no vaildation papers no loan papers.. nothing.. I was not aware of this AT ALL until i opened the default letter.

Also, i understand not paying is NOT an option as i need to get it paid off as my name is on it (eventhough i didnt do this). I suppose my question is if there is anything i can do to reduce my scar on this issue and improve my score so one day i can get a home loan, car loan etc if need be.

Thu, 10/30/2008 - 00:53 Permalink

Forgot to ask this before. How did they get a loan in YOUR name when you din't have to sign anything? Usually, with Student Loans, you have to sign papers. How did THAT heppen?

Thu, 10/30/2008 - 03:00 Permalink

if they got a student loan in your name, who was the check disbursed to? Was the loan money put in your account or your parents? I would get some validation on this debt. Request a copy of the application from the loan company. I am sure that you don't want criminal charges on your parents but if you can show that the loan company negligently approved the loan that is currently in good standing, then you might get the lates rehabbed.

Sun, 11/02/2008 - 19:07 Permalink

Yep...I agree with CINNAMNGRL......I would ask for a validation. ALSO................tell them that is NOT your signature, A signature you CAN prove....they usually take it from your license, etc. i wouldn't want to sue my parents, either.....but, this sure is fraud.

Sun, 11/02/2008 - 23:06 Permalink

If you have not signed in the loan application form, you are in no way responsible for the debt. So as chargers said, you should immediately send a debt validation letter by certified mail. If they validate the debt properly, you should pay it off because if you don't do so, the creditor may bring a judgment against you to recover the debt. However, validating the debt would mean that the creditor must send you the loan agreement paper which will have your signature on it.

Mon, 11/03/2008 - 06:37 Permalink

Bruce, have you asked your parents how the y got this loan and did it go to your schooling? I am glad that you jumped to the plate and are paying on it but your report doesn't deserve to be marked. Do as the others ask and if they can't validate they can remove the mark form your credit report. You should always get validation before beggining a repayment process. Just a little note for the future. Have you actually talked to the people you are paying and asked them how this all happened. I am wondering if maybe it was an application for credit that was done by mail and they just put your signature on there. The best place to start here after asking for validation is to go to your parents and ask what is going on. I am pretty sure that if they can't get the money from you they will tehn go back to your parents if they are on the loan so it is in their best interests to be upfront on the issue.

Mon, 11/03/2008 - 12:08 Permalink
Darcy (not verified)

I am confused but when students apply for student loan do they make them put a parents name on it also. :?

Thu, 10/01/2009 - 22:17 Permalink
Sheena (not verified)

I am so glad that I found this site. My abusive mother did the same thing to me. She was always controling and a liar.

She took out 40,ooo in loans that I cannot pay back. When I realized the debt, I went back to school and got a masters in computer science so that I could actually get a job to pay it back (my undergrad was in art).

But, there is no way I can pay back a 100,000 loans. Especially, with the crazy interest and the unrealistic wages college graduates are now making due to the over saturation of degree holding employees in the less than ideal job market.

I never signed anything for my undergrad loans and I never saw a check. My mother would lay all these guilt trips about how she was paying my tuition. Blah, Blah, Blah...lies, lies, lies.

My mother asked for my degree so that she could hang it on her wall. Sick.

I am sick in the stomach that this woman would put her daughter in a lifetime of debt so that she can pretend that she herself went to college.

I will never go on vacation, have a family, or even own a house. I just will never make enough money. It is really sad. Because I am very ambitious and good at what I do. But there is no way, I can do this.

Especially with a pending surgery I have to pay for.

Sun, 01/10/2010 - 01:16 Permalink

How did your mother get this huge loan without your permission? ..you didn't sign anything? Gosh. And..she wants to put the Diploma on HER wall? YOU are the one that worked for it. That entire situation sounds horrible.

Mon, 01/11/2010 - 12:01 Permalink
Jonathan (not verified)

I am a parent that made a very bad decision. At the time I thought it was the right thing to do for my family, My spouse was 100% disabled, my son was accepted to a private college (expensive). I handled all the administrative work to get him into the college i.e FAFSA, and private loans. He signed everything and I signed as the cosigner. I used the money for a portion of his tuition, expenses and my houselhold expenses because I was out of work. I also was introduced to a ponzi scam similar to the Madoff Ponzi scam so I invested a huge portion (60,000). I thought this would pay for everything, but it didn't, it went under. My son dropped out of college and I have been paying the loans. But he is now accusing me of fraud. Is this fraud? He has filed filed a police rpt and red flagged the acct.

Fri, 12/09/2011 - 02:23 Permalink
K (not verified)

My parents did this to me as well, and now it's costing my my house. I was preapproved for the home and put down a down payment, but now the bank is making a fuss about my student loans. My mom took them out in my name, unknown to me, and only made the occasional minimum payment. The loan I have apparently is lenient when it comes to missed payments, so there wasn't anything on my credit report. But when the home loan bank pulled it up, they saw all the shoddy payments and are considering ditching my loan. Everything *I* owe has always been paid for on time, but this one loan, taken out without my permission or knowledge, is jeopardizing my future (and will cost me a bunch of money I've spent in fees if I don't get the home).

It should be considered fraud to take out loans in your child's name (and it should absolutely be considered fraud to spend that money on non-educational expenses). If your child is too young to take it out in their own name, then you should take it out in your name, PERIOD.

Don't risk ruining your child's future. That's a terrible example for them.

Sat, 01/05/2013 - 03:07 Permalink

WOW!! That's a terrible thing to do to children. How old were you when your parents took out the loan in your name? You sure have a case aqainst them. How long ago did all of this happen? Do you have any paper work that your parents signed? I'm asking because it's possible (of course your decision) to sue your parents and file a complaint with your local state reprentative. I would also get in touch with the lender and explain the situation.

Sat, 01/05/2013 - 14:18 Permalink